JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OP THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1965 and adjourned March 12, 1965
1965 LONGING & PORTER, INC.
ATLANTA, GA.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1965-1966
GEORGE T. SMITH.--.----_-__----_____-----......--.Speaker
GRADY COUNTY
MADDOX J. HALE .._.._....._._...._.______ _ _ .Speaker Pro Tern
DADE COUNTY
ARTHUR K. BOLTON
__,,________,, Administration Floor Leader
SPALDING COUNTY
WILSON BROOKS--------...----------------------Assistant Floor Leader
PULTON COUNTY
GEORGE D. BUSBEE-------------------------Assistant Floor Leader
DOUGHERTY COUNTY
GLENN W. ELLAm------_---_----___--------.------.Clerk
HABERSHAM COUNTY
ELMORE C. THRASH__------------------------------- Messenger
LOWNDES COUNTY
DAVID PEEPLES--------------------------.---Doorkeeper
SPALDING COUNTY
JACK TYSON______.--______________________._.....,, Sheriff
GRADY COUNTY
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 11, 1965
The Representatives-elect of the General Assembly of Georgia for the years of 1965-66 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 Dr. John Hughston, Pastor, Northside Drive Baptist Church, Atlanta, Georgia.
The following communications from Honorable Ben W. Fortson, Jr., Secre tary of State, certifying the Representatives-elect for the years 1965-66, were received and read:
SECRETARY OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
January 11, 1965
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 in the General Election held November 3, 1964, to represent the various counties in the General Assembly for the years 1965 and 1966; as the same appear from the consolidated returns which are of file and record in this office.
Sincerely yours, Ben W. Fortson, Jr. Secretary of State
BWF-ls enclosures
JOURNAL OF THE HOUSE,
REPRESENTATIVES IN GENERAL ASSEMBLY ELECTED IN THE GENERAL ELECTION NOVEMBER 3, 1964.
COUNTY
NAME
Appling--------------------_._---------- Curtis C. Herndon
Atkinson------------------.__.------Waldo Henderson
Bacon....--................----_.------_------.Gene Brown
Baker------------------------------J. R. (Jimmy) Rhodes, Jr.
Baldwin..----______________--..........-- J. Floyd Harrington Philip M. Chandler
Banks...------------...------..--..----J. Grover Simmons
Barrow----------------__--.------James W. Paris
Bartow...------------._.----..------Joe Frank Harris David N. Vaughan, Jr.
Ben Hill...--.--.----..--------------..A. B. C. (Brad) Dorminy
Berrien.----------------------_-------- W. D. (Jack) Knight Bibb....--------------------------------G. Paul Jones, Jr.
W. Elliott Dunwody, III William E. Laite, Jr.
Bleckley.-...--------..----------------.Ben Jessup
Brantley--------.----......----------Hoke S. Wilson Brooks----------------------------------Henry L. Reaves
Bryan---------------------------- Jack W. Shuman
Bulloch----------.--------------.W. Jones Lane Paul E. Nessmith, Sr.
Burke----------------------------.----Preston B. Lewis, Jr.
Butts.--------------------------------Bailey Woodward Calhoun-------------------------------- W. Harvey Jordan
Camden--------------------.------..,,. Charles C. Smith Candler..-----------------------_--------Hines L. Brantley
Carroll------------------------------William J. Wiggins Herschel L. Reid
Catoosa--------------------------Joe T. Clark Joe B. Tucker
Charlton------------------------------H. Ben Rodgers
Chatham.....------------------------Dan E. Sewell Willis J. (Dick) Richardson, Jr. Bart E. Shea
MONDAY, JANUARY 11, 1965
COUNTY
NAME
Chattahoochee--___------.__----------Floyd Hudgins
Chattooga----------.------._------ James H. Floyd
Cherokee....----..___.._.._------_...------Grady Newton Coker, M. D. Marion T. Pope, Jr.
Clarke..------------------------------W. Randall Bedgood, Jr. Chappelle Matthews
Clay......------___.._--_------------..Henry G. McKemie
Clayton--__----.-___.--------.------Wm. J. "Bill" Lee Arch Gary
Clinch-- .--_-_.--------------_------_.----Grover B. Lee
Cobb...............____.__..__.._-------.----.Vernon W. Duncan Hugh Lee McDaniell Ben C. Jordan
Coffee---------...--------.--.....----George J. Williams Henry R. Milhollin
Colquitt------------__________._..,,..---- David L. Newton Dorsey R. Matthews
Columbia----.------......................Glenn S. Phillips
Cook-.--.__----.----_.._______.____--___.._- Virgil D. Griffis
Coweta---------------..................D. B. Blalock George W. Potts
Crawford--------------------------.--..Freddie J. Tidwell
Crisp------------.---.--................ .--Howard Rainey
Dade------------------------------...----Maddox J. Hale
Dawson....--.............----..__...------Max R. Looper
Decatur--....--------------.._.----.--.-- Hubert Dollar J. Willis Conger
DeKalb------................----._...._...J. O. (Jim) Bowen J. Robin Harris Robert H. Farrar
Dodge---......................--........------Dr. Frank P. Holder, Jr.
Dooly---------------------------------Rooney L. Bowen
Dougherty---------------------------- George D. Busbee Colquitt H. Odom R. S. (Dick) Hutchinson
Douglas . --.__--_----__.--.-_____.___._--_-. R. K. Dickinson
Early,--........................___.______.--.W. Mobley Howell
Echols.......----____________________..__._._......Dan J. Deloach
JOURNAL OF THE HOUSE,
COUNTY
NAME
Effingham--_----_._--_--_.--____..__....B. Frank Arnsdorff
Elbert--------------------------------Dr. Albert Sidney Johnson, Sr.
Emanuel.------------------------------Geo. L. Smith II
Evans ----------------____....................Ernest W. Strickland
Fannin-----____--------------..................A. C. Duncan
Fayette------------------________________ A. Hewlette Harrell
Floyd----------------------------------Sidney Lowrey Jerry Lee Minge
Forsyth-------------------------- James A. Otwell
Franklin----------.--------------------A. T. Mauldin
Fulton--------------------_---------Wilson Brooks Jack Paul Etheridge Ralph McClelland
Gilmer----_------------.--------Dr. Charles B. Watkins
Glascock--,,_____----------------- E. E. Griffin, Jr.
Glynn--------------------------- ...Reid W. Harris Alan B. Smith
Gordon------------------------...... J. C. Maddox
Grady--------------------------------George T. Smith
Greene----...-------------------------- Alien P. Roper
Gwinnett---------------------------- Earl P. Story Tom 0. Watson
Habersham.------- --------------.Thomas T. Irvin
Hall-------.--.----------------W. M. (Bill) Williams Howard T. Overby
Hancock----------------------------Marvin E. Moate
Haralson--------------.-------------- -- Thomas B. Murphy
Harris--_------------------------------William Burton Steis
Hart ----..--........-------------M. Parks Brown
Heard---------------------------------Truitt Davis
Henry--------------------_--------__ Ray M. Tucker
Houston------------------__----... David C. Peterson Paul Stalnaker
Irwin.-----------------...-_---------Harry Mixon
Jackson...----------------------------.Mac Barber
Jasper-....................----------------...Roy R. Kelly
MONDAY, JANUARY 11, 1965
COUNTY
NAME
Jeff Davis _______ ____--_--._ James L. (Jimmy) Conner
Jefferson--.------__----____,,.--,,--._ J. Roy McCracken
Jenkins----..__------__---------.---- .A. Sid Newton
Johnson___--____________________________Emory L. Rowland
Jones--._.--__--___,,_--_--______,,__Corbin C. Roberts
Lamar______--______________________ _ ________ J. R. Smith
Lanier._________-___________________________________ ..Robert C. (Bobby) Pafford
Laurens.-----_--------..----------.. __D. W. (Bill) Knight, Jr. W. Herschel Lovett
Lee_____--________..._ __--__.----_____--_.__---- H. Goodwin Hall
Liberty________________--___________________.._____.Charles M. Jones
Lincoln.------,,_,,_________,,__..._______..____ Ben B. Ross
Long--______________________________ Jimmie Rogers
Lowndes------__---___-----------.W. J. Gibbons Fred H. Walker
Lumpkin_----_------------_--_--,,.Fred C. Jones, Jr.
Macon._____--____--____.....___._...______.....___ Dr. Carl P. Savage, Sr.
Madison___--__.___--_______,,.--,,____.._____ Edwin C. Poss
Marion._____--.__,,...______,,_,,.____..--___._________Eldridge W. Perry
McDuffie_--__-__--________,,-_-_-.-______ Jack D. Evans
McIntosh.----____-____.._-___.,,.-____.________Daniel H. White
Meriwether______.--_____________________ Jimmy D. NeSmith
Miller.________._____.-______....___.___..._____._._____Buck Tabb
Mitchell--._---_--.----__,,--_--._----_..----.Marcus E. Collins
Monroe.....-----------.----.--. ________ Harold G. Clarke
Montgomery_____-._______-._______...______.__._ Edward C. Moses
Morgan____,...______....___...____..__.._..___,.._._. E. R. Lambert
Murray.--_----_-_----____----._----_...--_.Gerald H. Leonard
Muscogee_____------__--..------_ Jack T. Brinkley Milton Jones Mac Pickard
Newton_____.-__----____,,..____--______... ___..W. D. (Donald) Ballard Otis Spillers
Oeonee.......-..--...-.--_. _____._.____..___ Hubert H. Wells
Oglethorpe---------------_----_-_ George B. Brooks
10
JOURNAL OF THE HOUSE,
COUNTY
NAME
Paulding----------------------------George T. Bagby
Peach -------------------- .----.------ Daniel K. Grahl
Pickens------------------------------ Boyd Thomason
Pierce--..------..--------...----------.-Francis Houston
Pike.----------------------.----_.--..Fred S. Lee
Polk---- -------------------------- John Harvey Moore Nathan D. Dean
Pulaski--_.--------------_------------ John H. Anderson, Jr.
Putnam--.___----__._------------------Asa M. Marshall, Jr.
Quitman...----..__------_-------------- Ralph M. Balkcom
Rabun--------...--...----.--._.--------.Knox Bynum
Randolph...------------------------ J. T. Dailey
Richmond------....--....------------L. H. Simkins, Jr. Edward C. Luke James M. Hull, Jr.
Rockdale----.--------.--.----------.-Clarence R. Vaughn, Jr.
Schley----------------.--_--------Marvin E. DeVane
Screven...----------------...--------H. Walstein Parker
Seminole----.------------------------J. O. Brackin
Spalding----..----_--------__----------Arthur K. Bolton Quimby Melton, Jr.
Stephens..--....------------------------Don C. Moore
Stewart..---------------------------- Sam S. Singer
Sumter........--..----..--..--...-------- William E. Blair Mrs. Janet S. Merritt
Talbot------------------------------Robert Henry McRae
Taliaferro-------------------------- Wales T. Flynt
Tattnall-----------------------.----Dewey Rush
Taylor..--___--.__----._----------------Ralph R. Underwood
Telfair----------..------------.----E. B. Smith, Jr.
Terrell----....----..--.--------------Ed. T. Fulford
Thomas.-------------------------- Jamie W. Oglesby Henry P. Russell, Jr.
Tift -- ......----..-- ------------ -- Warren Frank Branch H. B. Alien
Toombs------------_.--------..--.John F. Collins
MONDAY, JANUARY 11, 1965
11
COUNTY
NAME
Towns------------------------------John W. Acree, M. D.
Treutlen.--_..-__---____--------------L. L. "Pete" Phillips
Troup------------------__-----------Harry Russell Spikes J. Crawford Ware
Turner---------------------------- Roy N. Coker
Twiggs...----------------._-------- James E. Beck
Union...----------------------------Carlton Colwell
Upson.----------------_........--__Johnnie L. Caldwell Donald A. Page
Walker.------.-------____--.----...Billy Shaw Abney Wayne Snow, Jr.
Walton.....----_...------------..----.J. T. Byrd
Ware------..------.------.--..----------Ottis Sweat, Jr. Harry D. Dixon
Warren....----.--------..------------Bobby Ware Johnson
Washington.----_----------.------..Tom C. Carr
Wayne...._------------------------ Glenn Thomas, Jr.
Webster---------------------------- J. Lucius Black
Wheeler----------------------------Mackie Simpson
White...----------------------------Thomas E. Mauney
Whitfield--------------------------Thomas M. Mitchell Virgil T. Smith
Wilcox------------------------------ Norman B. Doster
Wilkes---------------------._------ John G. Wright
Wilkinson----------------------------E. Brooks Lewis
Worth------------,,---------------W. J. Crowe
January 7, 1965
Honorable George T. Smith, Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
This will confirm our conversations in which I advised you of my desire to contest the seating of A. C. Duncan, the Republican candidate for Representative to the General Assembly from Fannin County. At that time I also arranged for the employment of Honorable Pierre
12
JOURNAL OP THE HOUSE,
Howard, Attorney at Law of Atlanta, Georgia, to represent my interest in the matter.
It is my contention that Mr. Duncan was illegally certified to the Secretary of State for the reasons set forth in the petition and exhibits to be furnished your office.
I respectfully request that this matter be presented to the Contest Committee of the House, and that I be notified when I may appear before the Committee with my evidence.
With regards, I am
Yours sincerely,
Noel M. Galloway
NMG:m
TO THE HOUSE OF REPRESENTATIVES, STATE OP GEORGIA, AND THE ATTENTION OF HONORABLE GEORGE T. SMITH, SPEAKER
Comes now NOEL GALLOWAY, the duly elected Representative of Fannin County, and respectfully shows:
1.
That Mr. A. C. Duncan has been certified, or will be certified, at the meeting of the General Assembly as the Representative from Fannin County.
2.
That Noel Galloway hereby protests and requests that the matter of qualification and election be investigated by this Honorable Body, and that this protest, along with others in the same matter, be referred to a committee of this House for the purpose of reporting back with a recommendation that Noel Galloway be seated as the duly elected Repre sentative of Fannin County.
3.
Petitioner shows that the said Duncan is a Republican and that the members of his party were in control of the election machinery of Fannin County at the time the general election was held, and that practically all rules set forth in the new Election Code were violated, including, but not limited to, the following:
(a) Several hundred people who were fully capable of voting with out assistance, were allowed to have assistance in voting, and did not take an oath, as required by law, at the time such assistance was received.
(b) That this assistance was systematically conducted for the pur pose of having votes cast against your petitioner and other Democratic nominees in the general election.
MONDAY, JANUARY 11, 1965
13
(c) That a number of voters received cash payments for their votes and allowed the people purchasing said votes to vote the ballots for them, although they did not need assistance in voting.
(d) That none of the envelopes with absentee ballots returned had the time of the mailing or the returning of said ballot written on the envelope, as required by law.
(e) That at least 19 or 20 Democrats were refused absentee ballots on the Saturday prior to the election, in violation of the law.
(f) That at least 6 or 7 Republicans were given absentee ballots on election day and were allowed to vote absentee ballots on election day while in the County, in violation of the Election Code.
4.
That the total number of votes affected in this election by this activity far exceeds the number of votes that Noel Galloway was de feated by, according to the returns to the Secretary of State's office, and the exact number can be determined by this Honorable Body, and if such situation exists, Noel Galloway should be declared the duly elected Representative.
5.
Petitioner respectfully requests that this Honorable Body give very serious consideration to his contentions, and that a full hearing in the matter be held in order that the wishes of the people of his county may be fulfilled, and that it will become known throughout Georgia that this House will not tolerate the open flaunting of the Election Code,
Pierre Howard Attorney for Noel Galloway
414 Healey Bldg., Atlanta, Ga.
Received 12:30 p.m., 1-8-65 Geo. T. Smith Speaker House Rep.
The roll was called and the following Representatives-elect answered to their names:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Back Bedgood
Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Geo. B.
Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
14
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Gibbons Grahl Griffin Griffis Hale Hall Harrell Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly
JOURNAL OP THE HOUSE,
Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey
Reaves Reid Rhodes Richardson Roberts Rodgers, H. D. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright Mr. Speaker
MONDAY, JANUARY 11, 1965
15
The Chair requested Mr. A. C. Duncan of Fannin to refrain from taking the required Oath of office.
The oath of office was administered to the Representatives-elect by Judge Charles A. Pannell, Judge of Court of Appeals of Georgia.
The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. Emory Rowland of Johnson placed in nomination the name of Honorable George T. Smith of Grady, which nomination was seconded by Messrs. Lee of Clayton and Snow of Walker.
Mr. Bolton of Spalding moved that the nomination be closed and that the Clerk of the House be instructed to cast the vote of the entire body for Repre sentative Smith.
The motion prevailed and the Chair announced Representative George T. Smith, duly elected Speaker of the House of Representatives for the years 1965-66.
The Chair appointed as a Committee of Escort to notify the Speaker of his election and escort him to the Speaker's stand the following members of the House:
Messrs. Shea of Chatham, Jordan of Calhoun, Collins of Mitchell, Ware of Troup, Busbee of Dougherty, Harris of DeKalb, Jones of Muscogee, Pope of Cherokee and Johnson of Warren.
Upon being presented to the House by the Chair, the Speaker delivered the following remarks in expressing his appreciation for being elected Speaker of the House of Representatives:
GENTLEMEN OF THE HOUSE:
Thank you sincerely for selecting me to a second term as your Speaker. In accepting this signal honor I do so realizing that there goes with it a tremendous responsibility. Only with your help, friend ship and cooperation will I be able to carry out the duties of this im portant office. I want your help, I shall seek your friendship, I need your cooperation.
We have many important matters before us this session, including but not limited to the appropriation Bill and Reapportionment.
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JOURNAL OP THE HOUSE,
This House in the past few years has met many challenges headon and each time has conducted itself in an admirable manner. To name but a few are Reapportioning of the State Senate, Congressional redistricting, SB 180, establishing revenue measures in order to finance an adequate educational program necessary for this State and many, many others. Therefore, based upon past performance I know this group will meet each and every challenge headon and do your usual outstand ing job.
To the members back with us after an absence, we welcome you and are glad to have your experience with us. To the members with us for the first time we extend to you a most cordial welcome. All of us stand ready to help and advise with you about any matter that you wish to discuss.
We are privileged to have as a new member a most charming and beautiful lady from the County of Sumter, Mrs. Janet Merritt. From my short acquaintance with her, I know she will contribute greatly to the job at hand. I would suggest that we men rise and give a rousing cheer to our legislative "sweetheart".
One of our former members who returned with us almost did not make it for the second time in a row. Two years ago a write-in almost got him and in this time a fire and explosion almost got him.
I wish to commend and thank you for the fine manner in which you carried out these rules last session and request your continued cooperation in this matter. I shall endeavor at all times to preside fairly and impartially, and shall always be at your service.
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 Honorable Glenn W. Ellard of Habersham County, which nomination was sec onded by Messrs. Smith of Emanuel and Etheridge of Fulton.
Mr. Busbee of Dougherty moved that the nomination be closed and the Clerk of the House be instructed to 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 1965-66.
The Speaker appointed the following Committee to escort the Clerk to the Clerk's stand:
Messrs. Irvin of Habersham, Kelly of Jasper, Matthews of Clarke, Pickard of Muscogee, Lowrey of Floyd and Black of Webster.
MONDAY, JANUARY 11, 1965
17
The Speaker administered the oath of office to the Clerk.
The Clerk delivered the following expression of appreciation of the House for his election as Clerk:
MR. SPEAKER--LADY AND GENTLEMEN OP THE HOUSE:
First, permit me to thank the gentleman from Spalding and the gentleman from Emanuel for their generous and kind words in my behalf. I am most grateful to these warm personal friends for their complimentary remarks.
Secondly, I want to thank all of you, for all of us in the Clerk's office for having re-elected us. I speak in the plural for the reason that I consider our office to be a team, rather than an individual, which it is my happy privilege to head.
I have said on several previous occasions, and I repeat this morn ing, that the Clerk's office belongs to you and all the people of Georgia. It is our desire to operate it in a manner pleasing to you. If we do, it is simply our duty to have done so, and we deserve no commendation for it. If, on the other hand, you have any criticism to offer, please make it known to us and we will correct it, if it is within our power to do so.
And finally, it is our wish that your session will be enjoyable, con structive and reflect much credit upon yourselves and upon our great state.
I thank you.
The following resolutions of the House were read and adopted:
HR 1. 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 OP 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.
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JOURNAL OF THE HOUSE,
HR 2. 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 fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the Presi dent, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The Speaker appointed as a Committee on the part of the House the follow ing members:
Messrs. Wiggins of Carroll, Griffin of Glascock, Carr of Washing ton, McClelland of Fulton, Conner of Jeff Davis, Farrar of DeKalb and Lewis of Wilkinson.
HR 3. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to officials, attaches and employees of the House of Rep resentatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House is hereby authorized to appoint two Aides to the Speaker and four Secretaries, and fix the compensation of each at not to exceed the per diem, compensation, expenses and allowances received by members of the General Assembly. He is author ized to appoint one Assistant Doorkeeper at $20.00 per diem, ten As sistant Doorkeepers at $15.00 per diem, three Porters at $7.00 per diem, and Pages at $3.00 per diem. He is authorized to retain the services of one person skilled in legislative matters and fix the compensation therefor. He is authorized to appoint a Sheriff of the House, Chaplains for the House, a Postmaster or Postmistress of the House and one Assistant, and a Director of Pages and one Assistant Director, and fix the compensation for each at not to exceed the compensation, per diem, expenses and allowances received by members of the General Assembly. He is authorized to appoint one Assistant Director of Pages and fix the compensation at not to exceed $20.00 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.
MONDAY, JANUARY 11, 1965
19
BE IT FURTHER RESOLVED that the Speaker Pro Tempore is hereby authorized to appoint one Secretary and fix the compensation at not to exceed the per diem, compensation, expenses and allowances received hy members of the General Assembly.
BE IT FURTHER RESOLVED that the Administration Floor Leader is hereby authorized to appoint two Assistants and one Secre tary, and fix the compensation of each at not to exceed the per diem, compensation, expenses and allowances received by the 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 Assistants, 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; twelve copy readers, twelve typists, six Multilith operators, three Xerox operators, three 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 be effective for the regular 1965 session and the regular 1966 session, including the period between the first and second portions of the regular 1965 session; and the Speaker, the Administration 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 1965 session, and such personnel shall receive the same per diem, compensation, expenses and allowances as such personnel received during the regular session.
HR 4. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Adopting and amending the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as hereinafter provided, the Rules of the House of Repre sentatives in force at the adjournment of the regular 1964 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the 1965 session.
BE IT FURTHER RESOLVED that House Rule 212 is hereby amended by adding after the following:
"6. Education", the following:
"7. Game and Fish", and by renumbering committees 7 through 24 as 8 through 25, respec tively.
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JOURNAL OP THE HOUSE,
By unanimous consent, the rules of the House of Representatives for the previous session of 1964 were adopted, as amended.
HR 5. 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 OP GEOR GIA that the House and the Senate meet in joint session in the Hall of the House of Representatives at 11:30 O'clock A. M., January 12, 1965, 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 3 tellers, and the President of the Senate appoint 3 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.
The Speaker appointed as a Committee of Tellers on the part of the House the following members:
Messrs. Black of Webster, Harrington of Baldwin and Anderson of Pulaski.
HR 6. 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 Counsel;
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 Repre sentatives at 11:30 o'clock A. M., January 12, 1965, for the purpose of
MONDAY, JANUARY 11, 1965
21
considering the action of the Legislative Services Committee in elect ing the Legislative Counsel.
HR 7. 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 to address a joint session of the House and Senate at 12:00 O'clock Noon, January 12, 1965, 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 11:30 O'clock, A. M., on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven to be named by the Speaker and seven to be named by the Presi dent, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Messrs. McKemie of Clay, Jordan of Calhoun, Steis of Harris, Harrell of Fayette, Jones of Lumpkin, Walker of Lowndes and Smith of Whitfield.
HR 8. 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 1965-66 term shall receive, during the 1965 and 1966 Sessions, the same per diem, expenses and allowances which members of the House of Representa tives received for the 1964 Session.
The next order of business being the election of a Speaker Pro-Tempore, Mr. Harris of DeKalb placed in nomination the name of Honorable Maddox J.
22
JOURNAL OF THE HOUSE,
Hale of Dade, which nomination was seconded by Messrs. Bagby of Paulding and Tucker of Catoosa.
Mr. Brooks of Fulton moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire body for Repre sentative Hale.
The motion prevailed and the Chair declared Representative Hale duly elected Speaker Pro-Tempore of the House of Representatives for the ensuing term of two years.
The Speaker appointed the following committee to escort the Speaker ProTempore to the Speaker's stand:
Messrs. Abney of Walker, Clark of Catoosa, Floyd of Chattooga, Dean of Polk, Lee of Clinch, Blalock of Coweta and Lowrey of Floyd.
Upon being presented to the members of the House by the Speaker, the Speaker Pro-Tempore addressed the members in words of appreciation for elec tion to this office.
The next order of business being the election of a Messenger of the House, Mr. Walker of Lowndes placed in nomination the name of Elmore Thrash of Lowndes County, which nomination was seconded by Mr. McCracken of Jefferson.
Mr. Bolton of Spalding moved that the nominations be closed and that the Clerk of the House be instructed to cast the vote of the entire body for Honor able Thrash.
The motion prevailed and the Chair announced Honorable Elmore Thrash of Lowndes 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 members:
Messrs. Gibbons of Lowndes, Phillips of Columbia, Bynum of Rabun and Hull of Richmond.
The Speaker administered the oath of office to the Messenger.
MONDAY, JANUARY 11, 1965
23
The Messenger addressed the House in a few well chosen words of apprecia tion of his election as Messenger.
The next order of business being the election of a Doorkeeper of the House, Mr. Melton of Spalding placed in nomination the name of Honorable David Peeples of Spalding County, which nomination was seconded by Mr. Clarke of Monroe.
Mr. Busbee of Dougherty moved that the nominations be closed and that the Clerk be instructed to cast the vote of the entire body for Honorable David Peeples.
The motion prevailed and the Chair announced Honorable David Peeples 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 members:
Messrs. Melton of Spalding, Lee of Pike and Harrell of Fayette.
The Speaker administered the oath of office to Honorable David Peeples.
The Doorkeeper briefly expressed his appreciation of his election as Door keeper for the House of Representatives.
The Speaker asked unanimous consent that the portion of Rule 125, relating to the filing of Bills with the Clerk, be suspended for one day, January 11, 1965, in order that the following Bills could be introduced, read for the first time and referred to the Committees, and the consent was granted:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.
24
JOURNAL OF THE HOUSE,
HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk, and Moses of Montgomery:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties;"; and for other purposes.
Referred to the Committee on Motor Vehicles.
The following communication from Governor Carl E. Sanders was received:
STATE OF GEORGIA Executive Department
Atlanta
January 8, 1965
Honorable George T. Smith Speaker of House of Representatives State Capitol Atlanta, Georgia
Dear Speaker Smith:
Pursuant to Rule 212 of the Rules of the House of Representatives, this is to certify that the Honorable Arthur K. Bolton, Representative from Spalding County, Georgia, has been duly appointed by me as Administration Floor Leader of the House of Representatives.
This is to further certify that the Honorable George Busbee, Repre sentative from Dougherty County, Georgia, and the Honorable Wilson Brooks, Representative from Fulton County, Georgia, have been duly appointed by me as Assistant Administration Floor Leaders of the House of Representatives.
With my warm regards and best wishes for a successful session, I am
Sincerely,
Carl E. Sanders Governor
CES/ag
cc: Honorable Arthur K. Bolton Honorable George Busbee Honorable Wilson Brooks Honorable Glenn W. Ellard Honorable Frank Edwards
MONDAY, JANUARY 11, 1965
25
The Speaker announced the following Committee assignments:
STANDING COMMITTEES of the
HOUSE OF REPRESENTATIVES 1965 -1966
AGRICULTURE COMMITTEE
Newton of Colquitt, Chairman Lowrey, Vice-Chairman Milhollin, Secretary
Anderson Arnsdorff Balkcom Black Brackin Brantley Byrd Collins of Toombs Collins of Mitchell Crowe DeLoach Dollar Dorminy Doster Duncan of Fannin Flynt Henderson Herndon Jordan of Calhoun
Knight of Berrien. Leonard Lovett Marshall Matthews of Colquitt Mauldin McKemie Mixon Moses Nessmith of Bulloch Newton of Jenkins Parker Peterson Potts Reaves Rhodes Rush Russell Smith of Telfair Strickland Wells
AGRICULTURE SUB-COMMITTEES
GENERAL AGRICULTURAL MATTERS
Arnsdorff, Chairman Crowe, Vice-Chairman Brantley, Secretary
DeLoach Mauldin Peterson
Black, Chairman Brackin, Vice-Chairman Wells, Secretary
MILK & MILK CONTROL
Marshall Moses Parker
MARKETS & MARKETING
Newton of Jenkins, Chairman Doster, Vice-Chairman Collins of Mitchell, Secretary
Dorminy Henderson Jordan of Calhoun
AGRICULTURAL CHEMISTRY & ENTOMOLOGY
McKemie, Chairman Milhollin, Vice-Chairman Collins of Toombs, Secretary
Mixon Smith of Telfair Strickland
26
JOURNAL OF THE HOUSE,
Russell, Chairman Herndon, Vice-Chairman Reaves, Secretary
LIVESTOCK MATTERS
Matthews of Colquitt Rhodes Rush
Anderson, Chairman Lovett, Vice-Chairman Leonard, Secretary
POULTRY MATTERS
Byrd Nessmith of Bulloch Potts
APPROPRIATIONS COMMITTEE
Blalock, Chairman Vaughn of Rockdale, Vice-Chairman Simpson, Secretary
Barber Bedgood Blair Bowen of Dooly Brown of Hart Busbee Carr Chandler Clark of Catoosa Clarke of Monroe
Collins of Mitchell Colwell of Union Dean Dixon Doster
Duncan of Fannin Floyd Fulford Griffin Hale Houston Irvin Jones of Lumpkin Kelly Laite Lane Lee of Clayton Lowrey
McClelland Melton Milhollin Newton of Colquitt Newton of Jenkins Odom Overby Parker Perry Phillips of Columbia
Pickard Pope Richardson Roper Rowland
Shea Simmons Smith of Emanuel Smith of Whitfield Stalnaker Steis Story Strickland Walker Ware Wells Wiggins Williams of Hall
APPROPRIATIONS SUB-COMMITTEES
AGRICULTURE, PARKS & PUBLIC WORKS
Fulford, Chairman Busbee, Vice-Chairman Newton of Colquitt, Secretary
Lowrey Pope
MONDAY, JANUARY 11, 1965
27
DEPARTMENT OF REVENUE
Wiggins, Chairman Lee of Clayton, Vice-Chairman Blair, Secretary
Chandler Floyd
Story, Chairman Parker, Vice-Chairman Brown of Hart, Secretary
EDUCATION
Bedgood Irvin
HEALTH, WELFARE & RELATED AGENCIES
Barber, Chairman Roper, Vice-Chairman Newton of Jenkins, Secretary
Phillips of Columbia Smith of Whitfield
HIGHWAY DEPARTMENT & RELATED AGENCIES
Melton, Chairman Strickland, Vice-Chairman Carr, Secretary
Clarke of Monroe Williams of Hall
LABOR, DEFENSE & PUBLIC SAFETY
Kelly, Chairman Bowen of Dooly, Vice-Chairman Stalnaker, Secretary
Perry Rowland
LAW, LEGISLATIVE & REGULATORY AGENCIES
Ware, Chairman Lane, Vice-Chairman Steis, Secretary
Duncan of Fannin Smith of Emanuel
AUDITING, ENROLLING, ENGROSSING & JOURNALS COMMITTEE
Black, Chairman Brooks of Oglethorpe, Vice-Chairman Rowland, Secretary
Abney Conger Hall Perry Pickard
BANKS & BANKING COMMITTEE
Conger, Chairman Hull, Vice-Chairman Strickland, Secretary
Beck Brantley Coker of Cherokee Conner Gary Harris of DeKalb Jessup Knight of Laurens Moate Murphy NeSmith of Meriwether
Oglesby Otwell Pafford Potts Smith of Camden Smith of Glynn Smith of Lamar Smith of Telfair Spikes Underwood
28
JOURNAL OF THE HOUSE,
BANKS & BANKING SUB-COMMITTEES
GENERAL BANKING
Murphy, Chairman Knight of Laurens, Vice-Chairman NeSmith of Meriwether, Secretary
Brantley Otwell
INDUSTRIAL LOANS
Smith of Camden, Chairman Pafford, Vice-Chairman Harris of DeKalb, Secretary
Conner Moate
DEFENSE & VETERANS AFFAIRS COMMITTEE
Steis, Chairman Knight of Laurens, Vice-Chairman Stalnaker, Secretary
Branch Brown of Bacon
Davis Dean Dollar Floyd Griffin
Harrell Houston
McRae Russell Underwood Wright
DEFENSE & VETERANS SUB-COMMITTEES
Harrell, Chairman Russell, Vice-Chairman Davis, Secretary
MILITARY AFFAIRS
CIVIL DEFENSE AFFAIRS
Branch, Chairman Wright, Vice-Chairman McRae, Secretary
Dollar
VETERANS AFFAIRS
Floyd, Chairman Griffin, Vice-Chairman Brown of Bacon, Secretary
Houston Underwood
Melton, Chairman Parker, Vice-Chairman
Story, Secretary Acree Alien Arnsdorff Balkcom Black Blair Brackin
EDUCATION COMMITTEE
Byrd Chandler DeLoach DeVane Dickerson Duncan of Cobb Dunwody
MONDAY, JANUARY 11, 1965
29
Etheridge Farrar Grahl Harris of Bartow Harris of DeKalb Hutchinson Irvin Jones of Muscogee Jordan of Cobb Lee of Clinch Leonard Lewis of Burke
Lovett Mauldin Moore of Polk Oglesby Page Pafford Peterson Spikes Tidwell Tucker of Henry Williams of Coffee Wright
EDUCATION SUB-COMMITTEES
AUTHORITIES & RETIREMENT SYSTEM
Spikes, Chairman Hutchinson, Vice-Chairman Lee of Clinch, Secretary
Arnsdorff Chandler
COMMON SCHOOLS
Story, Chairman Harris of DeKalb, Vice-Chairman Byrd, Secretary
Duncan of Cobb Dunwody Lovett Page
SCHOOL BUILDINGS & SUPPLIES
Irvin, Chairman Brackin, Vice-Chairman Dickinson, Secretary
Grahl Peterson Tidwell
TRANSPORTATION
Etheridge, Chairman
Acree
Tucker of Henry, Vice-Chairman
Black
Alien, Secretary
DeVane
Harris of Bartow
VOCATIONAL EDUCATION
Moore of Polk, Chairman Williams of Coffee, Vice-Chairman Mauldin, Secretary
Balkcom Farrar Oglesby Pafford Wright
GAME & FISH COMMITTEE
Jordan of Calhoun, Chairman Kelly, Vice-Chairman Arnsdorff, Secretary
Aeree Bagby Bowen of DeKalb Brackin
Bynum Coker of Cherokee Colwell of Union DeLoach
30
JOURNAL OF THE HOUSE,
Dickinson Duncan of Cobb Grahl Griffin Henderson Hudgins Johnson of Elbert
Johnson of Warren Maddox Milhollin Reaves Thomas Watkins White
HIGHWAY COMMITTEE
Pope, Chairman Pulford, Vice-Chairman Bowen of DeKalb, Secretary
Blalock Branch
Bynum Coker of Turner Collins of Mitchell Dean Dollar
Gary Hall Harris of Glynn Henderson Holder Howell Johnson of Warren Jones of Bibb Jones of Liberty Lee of Clinch Looper
Lovett Marshall
Matthews of Colquitt McDaniell Mitchell Mixon Moses
Nessmith of Bulloch Otwell Rogers of Long Russell Savage Sewell Simpson Spillers Stalnaker Thomason
HIGHWAY SUB-COMMITTEES HIGHWAY AUTHORITIES
Mixon, Chairman Henderson, Vice-Chairman Howell, Secretary
Fulford Jones of Bibb Lee of Clinch Spillers
HIGHWAY MAINTENANCE SHOP & FACILITIES
Dean, Chairman Coker of Turner, Vice-Chairman Marshall, Secretary
Hall Russell Simpson
INTERSTATE HIGHWAY SYSTEM
Blalock, Chairman Mitchell, Vice-Chairman Dollar, Secretary
Collins of Mitchell Looper
Bynum, Chairman Moses, Vice Chairman Gary, Secretary
STATE HIGHWAY SYSTEM
Johnson of Warren Rogers of Long Stalnaker
MONDAY, JANUARY 11, 1965
31
HYGIENE & SANITATION COMMITTEE
Smith of Whitfield, Chairman Tucker of Henry, Vice-Chairman
Abney, Secretary Acree Beck Byrd Coker of Cherokee Herndon Holder Johnson of Elbert Lowrey Marshall McKemie
Overby Reaves Roberts Sewell Tidwell Underwood Watson Williams of Coffee Woodward
HYGIENE & SANITATION SUB-COMMITTEES GENERAL HEALTH
Lowrey, Chairman Underwood, Vice-Chairman Watson, Secretary
Holder Reaves
PROFESSIONS RELATING TO HYGIENE & SANITATION
Beck, Chairman Overby, Vice-Chairman Herndon, Secretary
McKemie
PURE FOODS & DRUGS
Acree, Chairman Coker of Cherokee, Vice-Chairman Roberts, Secretary
Johnson of Elbert
NURSING HOMES & HOMES FOR AGED
Woodward, Chairman Sewell, Vice-Chairman Williams of Coffee, Secretary
Abney
INDUSTRIAL RELATIONS COMMITTEE
Lee of Clayton, Chairman Ross, Vice-Chairman Pickard, Secretary
Bagby Branch Caldwell of Upson Collins of Toombs Conner Dickinson Evans Holder Knight of Berrien Lane
Lewis of Burke Luke McCracken Rowland Shunian Simmons Singer Spikes Tidwell
32
JOURNAL OF THE HOUSE,
INDUSTRIAL RELATIONS SUB-COMMITTEES
EMPLOYMENT SERVICES
Rowland, Chairman Holder, Vice-Chairman Tidwell, Secretary
Collins of Toombs Dickinson Spikes
GENERAL LABOR AFFAIRS
Caldwell of Upson, Chairman Branch, Vice-Chairman Lane, Secretary
Conner Knight of Berrien
WORKMEN'S COMPENSATION
Bagby, Chairman Pickard, Vice-Chairman Shuman, Secretary
Lewis of Burke Simmons
INDUSTRY COMMITTEE
Clarke of Monroe, Chairman Irvin, Vice-Chairman Shea, Secretary
Clark of Catoosa Collins of Toombs Farrar Harrington Harris of Bartow Jones of Bibb Laite Lee of Clinch Looper Mauney McClelland McDaniell Minge
NeSmith of Meriwether Newton of Colquitt Phillips of Treutlen Rodgers of Charlton Roper Sewell Smith of Glynn Snow Story Sweat Tucker of Henry Woodward
INDUSTRY SUB-COMMITTEES
INDUSTRIAL DEVELOPMENT
NeSmith of Meriwether, Chairman Story, Vice-Chairman Smith of Glynn, Secretary
Laite Roper Sewell
INDUSTRIAL INFORMATION & COORDINATION
McClelland, Chairman Clark of Catoosa, Vice-Chairman Woodward, Secretary
McDaniell Minge Tucker of Henry
Snow, Chairman Sweat, Vice-Chairman Farrar, Secretary
TOURIST RELATIONS
Mauney Newton of Colquitt
MONDAY, JANUARY 11, 1965
33
INSURANCE COMMITTEE
Conner, Chairman McCracken, Vice-Chairman Dixon, Secretary
Balkcom Brantley Brown of Bacon Evans Hutchinson Lewis of Burke McDaniell McRae
Page Pafford Poss Simkins Singer Vaughan of Bartow Watson
INSURANCE SUB-COMMITTEES
FIRE, CASUALTY & ALLIED LINES
Lewis of Burke, Chairman Page, Vice-Chairman Balkcom, Secretary
Evans
HEALTH, LIFE & ACCIDENT
Singer, Chairman McDaniell, Vice-Chairman Vaughan of Bartow, Secretary
Simkins
Poss, Chairman Pafford, Vice-Chairman Hutchinson, Secretary
SURETY & TITLE McCracken
INTERSTATE COOPERATION COMMITTEE
Smith of Emanuel, Chairman Phillips of Columbia, Vice-Chairman Walker, Secretary
Jordan of Calhoun Smith of Whitfield
JUDICIARY COMMITTEE
Busbee, Chairman Harris of DeKalb, Vice-Chairman Snow, Secretary
Ballard
Bynum Clarke of Monroe Conger Etheridge Griffis Harris of Glynn Hull Jones of Liberty Jones of Muscogee
Lambert
McClelland McCracken Mixon Page Richardson Ross Tucker of Catoosa Walker White
34
JOURNAL OF THE HOUSE,
JUDICIARY SUB-COMMITTEES
GENERAL LAW AND PROCEDURE
Jones of Liberty, Chairman Conger, Vice-Chairman Ross, Secretary
Etheridge
LAW ENFORCEMENT
McCracken, Chairman White, Vice-Chairman Tucker of Catoosa, Secretary
Ballard Bynum
PARDONS & PAROLES
Lambert, Chairman
Hull
Clarke of Monroe, Vice-Chairman
Griffis, Secretary
TRUSTS & ESTATES
Walker, Chairman McClelland, Vice-Chairman Harris of Glynn, Secretary
LOCAL AFFAIRS COMMITTEE
Tucker of Catoosa, Chairman Etheridge, Vice-Chairman Griffis, Secretary
Crowe Dunwody Farrar Hudgins
Maddox
Sweat Tabb Thomas Vaughan of Bartow
Wright
MOTOR VEHICLES COMMITTEE
Williams of Hall, Chairman Anderson, Vice-Chairman
Harrell, Secretary Brinkley Caldwell of Upson Clark of Catoosa DeVane Flynt Gary Hutchinson Jessup Johnson of Warren Jordan of Cobb Lee of Pike
Lewis of Wilkinson Matthews of Clarke Mitchell Otwell Rainey Shuman Smith of Emanuel Smith of Lamar Tabb Tucker of Catoosa Wilson
MONDAY, JANUARY 11, 1965
35
MOTOR VEHICLE SUB-COMMITTEES
MOTOR CARRIERS
Johnson of Warren, Chairman Flynt, Vice-Chairman Otwell, Secretary
Clark of Catoosa Jordan of Cobb Smith of Lamar Wilson
TITLE & LICENSE AFFAIRS
Anderson, Chairman DeVane, Vice-Chairman Lee of Pike, Secretary
Lewis of Wilkinson Tucker of Catoosa
TRAFFIC & SAFETY CONTROL
Matthews of Clarke, Chairman Tabb, Vice-Chairman Brinkley, Secretary
Gary Jessup
NATURAL RESOURCES COMMITTEE
Dorminy, Chairman Simmons, Vice-Chairman Poss, Secretary
Alien Brown of Hart
Griffin Knight of Berrien Knight of Laurens Lee of Pike
Leonard Lewis of Wilkinson Mauldin Mauney Moore of Polk Moore of Stephens Moses Oglesby
Perry Phillips of Treutlen Rainey Robert Rodgers of Charlton Rogers of Long Roper Shuman Simkins Simp son Singer Smith of Telfair Thomason Woodward
NATURAL RESOURCES SUB-COMMITTEES
FORESTRY & FORESTRY PRODUCTS
Roper, Chairman Knight of Berrien, Vice-Chairman Mauney, Secretary
Griffin Moses Oglesby
Alien, Chairman Rogers of Long, Vice-Chairman Rodgers of Charlton, Secretary
GAS & OIL
Moore of Stephens
36
JOURNAL OF THE HOUSE,
GEOLOGY, MINES & MINERALS
Simmons, Chairman Perry, Vice-Chairman Thomason, Secretary
Leonard Simkins
SOIL CONSERVATION
Shuman, Chairman Brown of Hart, Vice-Chairman Phillips of Treutlen, Secretary
Knight of Laurens Rainey
WATER SUPPLY & RIPARIAN RIGHTS
Moore of Polk, Chairman Simpson, Vice-Chairman Smith of Telfair, Secretary
Lee of Pike Singer
Mr. Speaker, Chairman Bolton, Vice-Chairman Carr, Secretary
Abney Blair Brooks of Fulton Busbee Fulford Hale Howell Hull Jones of Liberty Jones of Lumpkin
RULES COMMITTEE
Lambert Melton Phillips of Columbia Pope Shea Smith of Emanuel Smith of Whitfield Vaughn of Rockdale Ware Wigging
RULES SUB-COMMITTEES
PRIVILEGE RESOLUTIONS
Vaughn of Rockdale, Chairman Ware, Vice-Chairman Blair, Secretary
Hale Howell Lambert Shea
RULES CHANGES
Brooks of Fulton, Chairman Jones of Liberty, Vice-Chairman Hull, Secretary
Busbee
Phillips of Columbia Smith of Emanuel Smith of Whitfield Wiggins
SPECIAL JUDICIARY COMMITTEE
Brooks of Fulton, Chairman Vaughn of Rockdale, Vice-Chairman Houston, Secretary
Brinkley Caldwell of Upson
Duncan of Cobb Evans
MONDAY, JANUARY 11, 1965
37
Minge Rhodes Simkins
Smith of Glynn Steis Thomas
SPECIAL JUDICIARY SUB-COMMITTEES
CODE REVISION
Brinkley, Chairman Houston, Vice-Chairman Minge, Secretary
CONSTITUTIONAL AMENDMENTS
Rhodes, Chairman Evans, Vice-Chairman Duncan of Cobb, Secretary
Steis
INQUIRY & INVESTIGATION
Vaughn of Rockdale, Chairman Caldwell of Upson, Vice-Chairman Thomas, Secretary
Smith of Glynn
STATE INSTITUTIONS & PROPERTY COMMITTEE
Chandler, Chairman Richardson, Vice-Chairman Rainey, Secretary
Bolton Brown of Hart Coker of Turner Crowe
Dailey Duncan of Fannin Flynt Hall Harrington Harris of Glynn Johnson of Elbert Jones of Muscogee Lewis of Wilkinson Looper Luke Matthews of Clarke
Merritt Moore of Stephens Murphy Nessmith of Bulloch
Odom Paris Potts Reid Roberts Rogers of Long Savage Spillers Sweat Tabb Wilson
STATE INSTITUTIONS & PROPERTY SUB-COMMITTEES
ELEEMOSYNARY INSTITUTIONS
Johnson of Elbert, Chairman Moore of Stephens, Vice-Chairman Merritt, Secretary
Bolton Crowe Harrington Roberts
38
JOURNAL OP THE HOUSE,
Dailey, Chairman Odom, Vice-Chairman Potts, Secretary
PENAL INSTITUTIONS
Murphy Reid
RECREATIONAL FACILITIES
Nessmith of Bulloch, Chairman Duncan of Fannin, Vice-Chairman Tabb, Secretary
Flynt Sweat
STATE INCOME PRODUCING PROPERTIES
Rainey, Chairman Lewis of Wilkinson, Vice-Chairman Looper, Secretary
Coker of Turner Matthews of Clarke Savage
Richardson, Chairman Paris, Vice-Chairman Hall, Secretary
STATE PORTS
Harris of Glynn Jones of Muscogee Luke
STATE OF REPUBLIC COMMITTEE
Ware, Chairman Mitchell, Vice-Chairman Overby, Secretary
Bedgood Blalock Bolton Brooks of Fulton Carr Coker of Turner Dailey Davis Dunwody
Howell Lambert Lee of Clayton McKemie NeSmith of Meriwether Newton of Jenkins Smith of Camden Wiggins Williams of Hall
TEMPERANCE COMMITTEE
Paris, Chairman Rhodes, Vice-Chairman Davis, Secretary
DeVane Grahl Harris of Bartow
Jessup Luke Rush
TEMPERANCE SUB-COMMITTEES
DOMESTIC & FOREIGN WINES
Grahl, Chairman Rush, Vice-Chairman Harris of Bartow, Secretary
MONDAY, JANUARY 11, 1965
39
DeVane, Chairman Jessup, Vice-Chairman Luke, Secretary
LIQUOR CONTROL
Davis, Chairman Rhodes, Vice-Chairman Paris, Secretary
MALT BEVERAGES
UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
Matthews of Clarke, Chairman Jones of Lumpkin, Vice-Chairman Ployd, Secretary
Alien Anderson Ballard Barber
Bowen of Dooly Brooks of Oglethorpe Jones of Bibb Kelly Lane Mauney Merritt
Minge
Moate Moore of Polk Moore of Stephens Murphy
Odom Paris Poss Ross Walker Wells Williams of Coffee
UNIVERSITY SYSTEM OF GEORGIA SUB-COMMITTEE
LONG RANGE PROGRAMS
Wells, Chairman Brooks of Oglethorpe, Vice-Chairman Merritt, Secretary
Jones of Bibb Kelly Paris Poss Ross
WAYS & MEANS COMMITTEE
Bagby, Chairman Smith of Camden, Vice-Chairman Peterson, Secretary
Ballard Beck Bowen of DeKalb Bowen of Dooly Brooks of Oglethorpe Colwell of Union Dailey Dixon Dorminy Doster Hale
Harrell Hudgins Jordan of Calhoun Jordan of Cobb Laite Moate Phillips of Columbia Phillips of Treutlen Reid Snow Watkins
40
JOURNAL OF THE HOUSE,
WAYS & MEANS SUB-COMMITTEES GENERAL MATTERS
Brooks of Oglethorpe, Chairman Laite, Vice-Chairman Jordan of Cobb, Secretary
Harrell
INCOME & ESTATE TAXES
Moate, Chairman Bowen of Dooly, Vice-Chairman Dorminy, Secretary
Snow Watkins
REAL & INTANGIBLE TAX
Phillips of Columbia, Chairman Dixon, Vice-Chairman Hudgins, Secretary
Beck Bowen of DeKalb
SALES & USE TAX
Hale, Chairman Jordan of Calhoun, Vice-Chairman Colwell of Union, Secretary
Phillips of Treutlen
Ballard, Chairman Doster, Vice-Chairman Dailey, Secretary
TAX REVISION Smith of Camden
WELFARE COMMITTEE
Barber, Chairman Harrington, Vice-Chairman White, Secretary
Bedgood Brinkley Brown of Bacon Herndon Lee of Pike Maddox Matthews of Colquitt McRae Merritt Reid Rodgers of Charlton
Rush Savage Smith of Lamar Spillers Thomason Vaughan of Bartow Watkins Watson Wilson
WELFARE SUB-COMMITTEES BENEFITS & AID
Smith of Lamar, Chairman Watkins, Vice-Chairman Maddox, Secretary
Reid Rodgers of Charlton Watson
MONDAY, JANUARY 11, 1965
41
ELEEMOSYNARY MATTERS
Harrington, Chairman Bedgood, Vice-Chairman Savage, Secretary
Thomason Vaughan of Bartow White
JUVENILE MATTERS
Matthews of Colquitt, Chairman Wilson, Vice-Chairman Spillers, Secretary
Brown of Bacon McRae
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate to wit:
SR 1. By Senator Webb of the llth:
A Resolution to notify the House of Representatives that the Senate has convened and organized by the election of Honorable Harry C. Jack son of the 16th Senatorial District as President Pro Tempore and Honorable George D. Stewart of Fulton County as Secretary of the Senate and is now ready for the transaction of business.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:
HR 2. 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.
The President has appointed as a committee on the part of the Senate Sena tors Hill of the 29th, Adams of the 26th, McGill of the 24th, Minish of the 48th, Eldridge of the 7th, Flowers of the 10th and Sanders of the 41st.
42
JOURNAL OF THE HOUSE,
HR 5. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution relative to canvassing and publishing the election returns; and for other purposes.
The President appointed as tellers the following: Senators Searcey of the 2nd, Gayner of the 5th and Holloway of the 12th.
HR 6. 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.
HR 7. 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.
Mr. Bolton of Spalding moved that the House do now adjourn until 11:00 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.
TUESDAY, JANUARY 12, 1965
43
Representative Hall, Atlanta, Georgia Tuesday, January 12, 1965
The House met pursuant to adjournment at 11:00 o'clock this day and was called to order by the Speaker.
The following words and prayer were offered by Rev. W. W. Flournoy, Pastor, Marion County Methodist Circuit, Buena Vista, Georgia:
Mr. Speaker, George T. Smith, My Representative of Marion Coun ty, Eldridge W. Perry, Lady and Gentlemen of the House of Repre sentatives of the State of Georgia, and guests.
It is my humble privilege and pleasure to be your chaplain for today January 12, 1965. I bring you greetings in the name of our Lord from Marion County.
If you will indulge me a moment, I would like to relate a story the author of which I am not sure.
There was a rabbit that played in the woods which thought himself to be very handsome. The rabbit enjoyed looking at his reflection in a pond of water.
Upon an occasion while the rabbit was admiring his good looks, a fairy god mother approached only to scold him for sitting there wast ing time gazing at his likeness and warned him against doing such. A day went by.
There was the rabbit, at the pool again--admiring his good looks. The fairy god mother appeared again to find the rabbit at that busi ness. Repeatedly she scolded him and warned that if he didn't stop look ing at his reflection and thinking how good looking he was, she would turn him into a goon.
Another day went by. The rabbit played in the woods and over the hills, all the time thinking of the warning. But he couldn't stand it. He just had to get back to that clear water to look at how pretty he was. And anyway, he could get away with it! There he was and you know-- the fairy god mother came up on him. Before he could say a word, she turned him into a goon. He sat there, blinking his eyes, the fairy god mother said: "Well, what do you have to say about this." He said, "Well, all I have to say is; Hare today! Goon tomorrow."
The moral of this story is you may be hare today and goon tomorrow.
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Hear also these words of scripture.
The heaven are telling the glory of God; and the firmament proclaims his handiwork.
Day to day pours forth speech, and night to night declares knowledge.
There is no speech, nor are there words; their voice is not heard;
yet their voice goes out through all the earth, and their words to the end of the world. (Ps. 19:1-4)
"Seek the Lord while he may be found, call upon him while he is near;
let the wicked forsake his way, and the unrighteous man his thoughts;
let him return to the Lord, that he may have mercy on him, and to our God, for he will abundantly pardon." (Is. 55:6-7)
The earth is the Lord's and the fulness thereof, the world and those who dwell therein;
for he has founded it upon the seas, and established it upon the rivers. (Ps. 24:1-2)
"With what shall I come before the LORD, and bow myself before God on high?
He has showed you, 0 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?" (Mic. 6:6a, 8)
I lift up my eyes to the hills. Prom whence does my help come?
My help comes from the LORD, who made heaven and earth. (Ps. 121:1-2)
Blessed is the nation whose God is the LORD, the people whom he has chosen as his heritage! (Ps. 33:12)
God is our refuge and strength, a very present help in trouble.
Therefore we will not fear though the earth should change, though the mountains shake in the heart of the sea;
though its waters roar and foam, though the mountains tremble with its tumult. (Ps. 46:1-3)
TUESDAY, JANUARY 12, 1965
45
The LORD is near to all who call upon him, to all who call upon him in truth.
He fulfils the desire of all who fear him, he also hears their cry, and saves them. (Ps. 145:18-19)
Be still before the LORD, and wait patiently for him;
Take delight in the LORD, and he will give you the desires of your heart. (Ps. 37:7, 4)
0 Lord, our Heavenly Father, Almighty and Everlasting God, who hast safely brought us to the beginning of this day, defend us in the same with Thy mighty power; grant that this day we fall into no sin; neither run into any kind of danger; but that all our doings may be ordered by thy governance, to do always that which is righteous in Thy sight; grant us, in all doubts and uncertainties, the grace to ask what Thou wouldest have us to do, that the spirit of wisdom may save us from all false choices, and that in Thy light we may see light and in Thy straight path may not stumble. Direct us, O Lord, in all our doings, with Thy most gracious favor. 0 God, who art the Hope of all the ends of the earth, remember us in love, and guide us by Thine infinite wis dom. Most heartily we beseech Thee to grant Thy blessing upon Thy servant, the Governor of this State, CARL E. SANDERS, and all other in authority. Imbue them with the spirit of wisdom, goodness, and truth; so rule their hearts, and bless their endeavors, that law and order, wis dom, justice and moderation, and peace, may everywhere prevail, to the honor of Thy Holy Name, through Jesus Christ our Lord.
AMEN.
Messrs. McKemie of Clay, Johnson of Elbert and Underwood of Taylor were administered the oath of office by Honorable Charles A. Pannell, Judge, Court of Appeals.
The roll call was ordered and the following members answered to their names:
Abney Acree Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton
Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell
Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Conner Crowe Dailey Davis
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Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Gibbons Grahl Griffin Griffis Hale Hall Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S.
Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper
Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin
Minge Mitchell Mixon Moate Moore, Don C. Moore, J, H. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pickard Pope Poss Potts Rainey Reaves Reid
Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Shea Shuman Simkins Simnions Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis
Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
TUESDAY, JANUARY 12, 1965
47
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.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HR 9-2. By Messrs. Smith of Grady, Smith of Emanuel, Moate of Hancock, Roberts of Jones, Jordan of Calhoun, Jones of Lumpkin, Strickland of Evans, Harrell of Fayette, Hale of Bade, Barber of Jackson, Busbee of Dougherty, Lee of Clayton, Ballard of Newton, Rhodes of Baker, Caldwell of Upson and 95 others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.
Referred to the Committee on Judiciary.
HR 10-2. By Mr. Snow of Walker: A Resolution to compensate Steve Sweet; and for other purposes.
Referred to the Committee on Appropriations.
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HB 3. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Quitman County, so as to provide for the election of commissioners from the county at large; to change the requirements relative to purchases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 4. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and councilmen; to number posts on the council; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills of the House were read the second time :
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk, and Moses of Montgomery:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties;"; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
TUESDAY, JANUARY 12, 1965
49
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 1. Do Pass as Amended.
Respectfully submitted,
Blalock of Coweta, Chairman.
The following Resolution of the House was read and adopted:
HR 12. By Messrs. Smith of Emanuel, Phillips of Treutlen, Simpson of Wheeler and Moses of Montgomery:
A RESOLUTION
Expressing regrets at the passing of Honorable J. Wyman Fowler; and for other purposes.
WHEREAS, Honorable J. Wyman Fowler of Soperton, Georgia, Treutlen County passed away on January 11, 1965; and
WHEREAS, he was born on July 21, 1904 at Soperton, Treutlen County, Georgia where he was still a resident at the time of his death; and
WHEREAS, he graduated from Soperton High School and attended Georgia Teachers College and the University of Georgia where he com piled an outstanding scholastic record; and
Whereas, he served as superintendent of the Treutlen County Schools from 1931 to 1947; and
WHEREAS, he was a member of this body from 1957 through 1964 and also one of the most beloved and respected members thereof; and
WHEREAS, he will be missed by all those who served with him and knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Honorable J. Wyman Fowler 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
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hereby instructed to transmit a copy of this Resolution to the family of Mr. Fowler.
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, and electing the Legislative Counsel, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
The following report of the Committee of Tellers was read:
TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION:
We, the tellers, appointed to canvass the votes for Governor, Lieu tenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report: For Public Service Commissioner
Walter M. McDonald-__-_.------_--__-_---------__-__~__-542,674 For Public Service Commissioner
Alpha A. Fowler, Jr.........__.________________----------._____----_------550,450 *See attached sheet 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: William A. Searcey, 2nd A. W. Holloway, 12th John M. Gayner, 5th
ON THE PART OF THE HOUSE: J. Lucius Black John H. Anderson J. Floyd Harrington
Write-in Votes for Public Service Commissioners:
Chatham County Charles G. Butler (succeed Chappell) ------,,_________,,,,.__,,___! vote
Crawford County Alien ChappelL-..----.-.-....----------------------...----_-__.--....I vote
TUESDAY, JANUARY 12, 1965
51
Pulton County Marvin Griffhi----..._._____----__------______.--__--__----__----_____l vote Alien Chappell------------------------_------___--.--------__----..2 votes Garland Byrd--.....,,.._------_------------_______----______....__1 vote
Laurens County Alien Chappell__________-------_------__----_----------------_----1 vote
Sumter County Alien Chappell ------------__ --------.------_----------------__3 votes
STATE OF GEORGIA Office of Secretary of State
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the one page of typewritten matter hereto at tached is a true and correct copy of the votes cast for Public Service Commissioner, said votes being taken from the consolidated return sheets from the November 3, 1964 General Election, all as the same appear of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this llth day of January, in the year of our Lord One Thousand Nine Hundred and Sixty-five, and of the Independence of the United States of America the One Hundred and Eighty-ninth.
Ben W. Fortson, Jr., Secretary of State.
PUBLIC SERVICE COMMISSIONERS ELECTED AT 11-3-64 GENERAL ELECTION
For Public Service Commissioner Walter R. McDonald----------------_---------.----.-542,674
For Public Service Commissioner Alpha A. Fowler, Jr.--_--------------------------------560,450
Write-in Votes for Public Service Commissioners:
Chatham County Charles G. Butler (succeed Chappell)----------------! vote
Crawford County Alien Chappell --------------------------------_--.......1 vote
Fulton County Marvin Griffin .....,,._..--......._.._------------------..------.1 vote Alien Chappell ..----..._...--...._--...----------........----__.....2 votes Garland Byrd _....----..--------------------------------I vote
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Laurens County Alien Chappell _______________________________________.______._.__.__.___.l vote
Sumter County Alien Chappell ________,,_.,,___ ________________ ,,_._,,,__.....
3 votes
By unanimous consent, the report of the Tellers was adopted.
The following Joint Resolution was read and adopted:
HR 16-J. R. 1. By Senator Webb of the llth and Mr. Bolton of Spalding:
A RESOLUTION
Relative to the election of 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 Gen eral Assembly in joint session; and
WHEREAS, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General Assembly 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.
Senator Webb of the llth moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to HR 7 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, Governor Carl E. Sanders.
TUESDAY, JANUARY 12, 1965
63
The President of the Senate called the Joint Session to order.
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.
Lieutenant Governor Peter Zack Geer introduced Mrs. Betty Sanders and Governor Sanders.
Governor Carl E. Sanders delivered the following address:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DISTIN GUISHED MEMBERS OP THE SENATE AND HOUSE, GRA CIOUS LADIES, HONORED GUESTS, MY FRIENDS AND FELLOW GEORGIANS:
I am honored to appear today before this gathering of Georgia's chosen leadership at the midpoint of our Administration, and at the climax for me of a decade of public service to our State Government.
It was ten years ago that I was privileged to take the oath for the first time as a Member of the General Assembly of Georgia.
Today, my mind goes back over those rewarding years, and my thoughts encompass the trials and tribulations which you and I have faced together, the work we have accomplished, and the warm friend ships we have made.
I shall forever cherish the memories of that decade.
Having served both as a member of the House and the Senate, I appreciate the problems, the pressures, and the aspirations of the Mem bership of this august body.
I am grateful for the help and support which you have given me in the past, and I solicit your continued support for the future. I assure you that you have my wholehearted assistance and understanding as you perform the duties entrusted to you by the people of Georgia.
Never in our lifetime, or in the history of our beloved State, has the path of our progress been so true, the future of our people so bright, or the economy of our State so prosperous.
In short, my friends, the State of our State is truly excellent!
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It is time now to look at the ledger.
I know that you take pride in what our partnership has accom plished.
--Georgians experienced last year the Nation's third largest in crease in per capita income;
--Capital investments for new and expanded industry more than doubled in 1964, and Georgia enjoyed her greatest year of industrial progress;
--Last year 19,300 new jobs were created for our citizens, and unemployment in Georgia is at its lowest level in 10 years;
--In the last two years we have completed more highway construc tion--interstate, primary, and secondary roads--than in any comparable period;
--Georgia's airport development program is Number One in the Nation;
--Tourism is now better than a $350,000,000 industry in Georgia;
--Our State Parks were visited by more than five million people last year, and parks revenue rose 120 per cent;
--Agricultural production and the per capita increase of farm in come is at an all-time high.
Now, let me cite a few of the accomplishments of the agencies of our State Government.
--The Revenue Department has been reorganized, automated, and is collecting more revenue today than ever before. All Georgians, with no exceptions, are paying their fair share of the cost of operating their State Government.
--The Penal System has been revamped, our prison population has declined, and emphasis is now on rehabilitation, rather than punishment. This will be accelerated with the construction of a classification center and new prison facility in Butts County.
--The Game and Pish Department has been reorganized, and is providing Georgians with their finest program of conservation, fish, and wildlife management.
--Georgia's system of public education, both in the common schools and University System, in the past two years has experienced its great est growth and upgrading of quality.
TUESDAY, JANUARY 12, 1965
55
--Teachers and college faculty members have received the largest salary increases of any like period, and by the end of our Administra tion, we will have added more than 10,000 new teachers and 900 college professors.
--The Department of Education, now one of the top six in the Nation, has been reorganized to provide greater economy and efficiency, and the Master Plan for Education--authorized by you last year--is well underway.
--The old Department of Public Welfare, renamed the Department of Family and Children Services, has been reorganized, and a Division for Children and Youth established. Today we are providing the great est benefits for the largest number of youth and senior citizens of all time.
--A constitutional Highway Board has been approved by the people.
--A new Water Quality Control Board has been established.
--The Department of Public Health has been reconstituted, the Public Health Code completely rewritten.
--The new Department of Industry and Trade has embarked upon a revitalized program.
--In the field of mental health, we are implementing the largest program ever, including operation of a new mental health intensive treatment and training center, and construction of a $13,500,000 hospital for mentally retarded children.
--During the last two years, 3,550 employees have been brought under the State Merit System. In the next two years, 5,800 more will be added.
--Funds were made available for the construction of the Police Academy.
--Acting together, we enacted the first statewide sheriffs' salary bill to eliminate the evils of the fee system.
--We enacted Georgia's first comprehensive elections code.
--We have moved decisively to eradicate speed traps and clip joints which preyed upon tourists going through our State.
These accomplishments have been brought about through sound, economical, and efficient operation of your State Government.
I assure you that, with help, I will continue to improve the opera-
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tion of our government. We will continue to effectuate all possible economies and efficiencies.
Our Administration already is instituting a self-insurance program for the State Government which ultimately will save the taxpayers of Georgia a minimum of a half-million-dollars a year.
While services to the people were increased nearly $7 per person last year, the relative administrative cost of providing these services decreased.
And significantly, we have achieved these magnificent accomplish ments within a balanced budget.
It is with pride that I present to you another balanced budget--a budget from which over $130,000,000 dollars in agency requests have been eliminated--a budget which can be financed and which offers a new blueprint for further greatness for Georgia.
The budget calls for an expenditure of $583,000,000 in Fiscal 1966, and $628,000,000 in Fiscal 1967.
Let us reflect upon the fact that, by the end of the upcoming twoyear budget, we will be investing almost 60 cents of every dollar of the people's money in education. In four years, we will have invested $1,205,694,000 in the education and training of Georgians. This is nearly $400,000,000 more than in any previous four-year period of our history.
It is remarkable to note that, during our Administration, we will have allocated, for the common schools, $69,000,000 more than was spent for that purpose from 1871--when the statewide school system was created--until 1955, when I first took my seat in the General Assembly.
In higher education, we have the largest building program in his tory, and appropriations during our Administration will exceed the prior four years combined by 72 per cent.
Let me now mention some highlights of the new budget.
The section dealing with public schools provides:
--For teacher salary increases of $200 for the first year of the biennium; $300 for the second. These raises will become effective in September of each year, and will fulfill my repeated pledge to Georgia's teachers.
TUESDAY, JANUARY 12, 1965
57
This Administration financed a $200 teacher raise granted in Fis cal 1963.
In Fiscal 1964, an additional raise of $300 was provided.
In Fiscal 1965, another $200 raise was allocated.
In the new budget, as already mentioned, in Fiscal 1966, $200; in Fiscal 1967, $300--making a grand total of $1,200 in teacher salary increases financed by this Administration.
The public school budget also provides:
--For the first time, A State allotment of $42,500,000 to cover the employment of 4,985 other certified, professional personnel;
--Funds for 2,077 additional classroom teachers;
--Five million, three hundred ninety-one thousand, two hundred dollars for consumable instructional materials, the first such program in Georgia.
--An additional $366,000 for vocational rehabilitation;
--An additional $1,461,000 dollars for area vocational trade schools;
--A total of $1,254,000 for the first increase in school transporta tion allotments in six years.
--One million, eight hundred seventeen thousand dollars for a State wide educational television network, which will be in operation by the close of this Administration.
--An additional $222,000 for a computer system to bring about complete modernization of the reporting and accounting system of the Department of Education.
--One hundred sixty thousand dollars each year for the Governor's Honors Program for Georgia's brightest students.
In summary, budget recommendations for the public schools provide a $19,500,000 increase for Fiscal 1966, and an increase of $38,000,000 for Fiscal 1967, or a total operating increase of $57,000,000.
The budget recommendations for the University System provide for:
--First, an increase of 5 per cent in faculty salaries during the first year of the new budget, and an additional 7% per cent increase in the second year, together with a 5 per cent increase each year for non-
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academic employees. These increases follow the 15% per cent increase in faculty salaries provided the first two years of our Administration.
--Second, 679 new faculty members at a cost of $7,859,000 in order to provide teachers for the 16-thousand additional students coming into our colleges during this Administration.
--Third, $1,717,000 for an additional 415 non-faculty employees.
--Fourth, a substantial operating increase for research programs and graduate training, and, for the first time, funds for full utilization of the Eugene Talmadge Memorial Hospital.
--Fifth, the opening and operation of six new junior colleges located at Dalton, Albany, Gainesville, Marietta, Decatur and Brunswick.
--Sixth, the conversion of Augusta College, Georgia Southwestern College in Americus, and Armstrong College in Savannah, into fouryear degree-granting institutions.
The budget provides funds for two new scholarship programs em bodied in the constitutional amendments passed by the General Assem bly and approved by the people.
We will provide 450 scholarships each year to qualified students desiring to study in the paramedical fields, and guarantee low-interest student loans, to provide every Georgia boy and girl an opportunity to go to college--two other "firsts" for our Administration.
In short, this budget document provides the greatest emphasis on education our State has ever known.
Our Administration is the first to mount a major attack on the problems associated with the children and youth of our State.
We will continue our efforts by constructing six regional detention homes, at a cost of $1,200,000, to eliminate the appalling practice of putting disturbed children in common jails.
We will put a juvenile court worker in each of Georgia's 40 judicial circuits.
An additional $1,200,000 will provide hospital and medical care for dependent children--for the first time and will enable the Children and Youth Division to increase its foster care program.
It is time that we take these "lost" boys and girls by the hand-- children who have been less fortunate, who need help and guidance-- and as public officials, embrace them with all the love and affection which we would show to our own children.
TUESDAY, JANUARY 12, 1965
59
We have talked about our programs for you. Now let us turn to our Senior Citizens.
There are nearly 100,000 Georgians over 65 not receiving Old Age Assistance whose incomes are not sufficient to meet major medical expenses.
Therefore, I am recommending implementation of the Medical As sistance to the Aged Section of the Kerr-Mills Program.
This should be done irrespective of what might occur on the Fed eral level. It will provide, for the first time in Georgia, a medical care program for citizens over 65.
(During the four years of the present Administration, welfare as sistance grants, including medical care for the truly needy persons of our State, will have increased from $93,500,000 to $116,000,000.)
In the vital field of public health, I have recommended increases totaling more than $8,600,000.
There is an increase of $1,000,000 in the regular operations budget of the Health Department for operating new institutions and providing grants to counties to expand health services.
The major increases for the Health Department are a result of the vital need to upgrade and maintain the quality of the Milledgeville and Gracewood facilities.
The Milledgeville State Hospital operating budget is being increased by $3,000,000. This will provide 439 new staff members, and will allow improved food services, renovation of sub-standard facilities, more doc tors and medical supplies.
Gracewood is to receive an additional $900,000 dollars for 151 staff additions and more personal care for the patients.
The budget increases for mental health during our Administration will have been the greatest, percentagewise, in State history.
Georgia's modernized Highway Department has made great strides toward meeting today's road needs, and providing a more efficient highway operation.
The new budget, due to increases in highway user revenues, pro vides for an increase of $8,800,000 in the first year, and $11,300,000 in the second year.
State and Federal funds for highway construction for the next two years will total more than $337,000,000, and this is in addition to the
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$400,000,000 road program already under commitment or construction in Georgia.
For the Department of Industry and Trade, the budget provides an increase of $2,200,000.
This will include:
Four hundred ninety-seven thousand dollars each year for the area planning and development program;
One million dollars for the Tourist Division;
A $200,000 annual increase for advertising;
A $423,000 increase for the Research Division;
And $671,000 for the Industry Division.
These recommendations will provide our State with its greatest impetus for industrial development.
The Department of Agriculture will have a budget of $6,200,000 for Fiscal 1966, and $6,500,000 for Fiscal 1967. This will provide for a full meat inspection program, and continue to assure the highest quality of agricultural goods for Georgia families.
An increase of $1,700,000 for the Board of Corrections will mod ernize our correctional facilities, continue to upgrade the quality of personnel, and institute the first program of rehabilitative prison indus tries in Georgia's history.
Increases for the Parole and Probation Boards will allow these agencies to carry out their responsibilities in the penal reform program.
The increased budget of the Forestry Commission of $900,000 for the first year and $964,000 for the second places all the employees of this major department under Merit System standards, and will keep Georgia in the forefront of forest conservation activities.
The $1,129,000 increase in the budget for the Department of Pub lic Safety for Fiscal 1966, and the $1,600,000 increase for Fiscal 1967, will provide our State with 80 more State patrolmen, 37 additional drivers' license examiners, and funds for our new drivers' license pro gram, a Police Academy staff, and construction of four new State Patrol Stations.
The new budget provides funding for a new $6,000,000 ports pro gram, including major additions at Savannah and Brunswick, as well as improvements at all other State Port facilities.
TUESDAY, JANUARY 12, 1965
61
There is also an operating budget increase of nearly $500,000 for our Parks Department, as well as a one and one-half million dollar bond program for improvement of our State Parks facilities.
The budget for the Game and Fish Department provides an increase of more than $500,000, making a total budget allocation of $3,728,000.
It was my privilege as a member of the General Assembly to help sponsor and pass the first legislation authorizing direct grants to municipalities. As Governor, two years ago I recommended the first legislative appropriation for direct grants to our cities and towns.
The time has arrived to recognize the municipalities of our State as full partners in the operation of our Government.
Therefore, I propose that we increase the appropriation from $1,000,000 to $6,000,000 for municipalities during the first year of the biennium, and from $1,000,000 to $9,300,000 during the second year, giving a two-year total of $15,300,000 in direct grants.
Now, let me say something about the next two years. In many in stances in the past history of our State, the first half of an Administra tion was devoted to the people . . . the second half to politics. This is not going to happen this time. This Administration will become a lameduck Administration at high noon on January 10th, 1967 . . . and not one minute before!
Before concluding, I would like to say a word about reapportionment of the House of Representatives.
As you know, we are under an order of the Court to reapportion at this Session. Therefore, we have no choice in this matter, except the choice of doing it properly, or leaving it to the Courts.
As for me, I want this Legislature--stemming as it does from the grassroots of Georgia, with its hand on the pulse of every citizen and its ear attuned to the heartbeat of our people--to do this job.
I realize that this is a matter affecting the internal composition of the Membership of the Legislative Branch of the State Government. Recognizing the doctrine of separation of powers, and respecting your sovereign prerogatives, I will not presume to suggest any plan of action.
At the same time, I wish to assure you that I will offer any help or cooperation which you may deem proper in effecting a solution to this dilemma.
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I am confident that, during this Session, you can and will arrive at a plan acceptable to the great majority of the General Assembly, and in the best interests of the more than 4-million citizens of our State.
In conclusion, let me remind you of what each of us already knows, but must always remember:
Our tasks require strength and courage, endurance and pride; Our duties demand conviction and self-respect, attention and action; Our goals implore responsibility and reason, purpose and prayer. Let us ever look up, not down; Look forward, not back. It is for history to honor the past; but it is for us to honor the present. Let us stand together now in common and united purpose to accom plish jointly what each would achieve separately. By so doing, a victory for all is a victory for each, each of the 4-million 100-thousand citizens of our State; and these years, then, forever will be remembered as Georgia's Golden Era of Growth and Greatness.
Senator Webb of the llth moved that this Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
Mr. Bolton of Spalding moved that the House do now adjourn until 12:30 p.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until tomorrow at 12:30 p.m.
WEDNESDAY, JANUARY 13, 1965
63
Representative Hall, Atlanta, Georgia Wednesday, January 13, 1965
The House met pursuant to adjournment at 12:30 o'clock, p.m. this day and was called to order by the Speaker.
The following prayer was offered by Rev. William Corley, Pastor 1st Baptist Church, Lawrenceville, Georgia.
Almighty God:
We are indeed grateful unto Thee for this State in which we are privileged to live. Thou hast surely placed us in a paradise. The wood lands, fields, and streams declare thy glory and the natural resources show forth Thy Handiwork.
Save us from ever desecrating this our revered birthright either through our ignorance, sinfulness or through sheer neglect.
Help us to meet the requirements which Thou dost require of us:
To have mercy,
To do justice,
And to walk humbly with Thee.
Help us to meet the responsibilities which the duty of our office demands of us.
May every decision made here in this solemn place be made in the light of what history has declared to be best; what our conscience dic tates and with the knowledge that we must not only give an account to our constituents back home but we must give an account unto Thee Who is here with us.
May Thy Presence be felt, Thy Name glorified, and may Thy bless
ing rest upon us.
Amen
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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JOURNAL OF THE HOUSE,
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:
HB 5. By Messrs. Snow of Walker, Clarke of Monroe, Smith of Camden, Blair of Sumter, Shea of Chatham, Rowland of Johnson and Fulford of Terrell:
A Bill to be entitled an Act delegating home rule powers to the munici palities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; and for other purposes.
Referred to the Committee on Judiciary.
HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden, Shea of Chatham, Brooks of Oglethorpe and Fulford of Terrell:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and main-
WEDNESDAY, JANUARY 13, 1965
65
tenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other pur poses.
Referred to the Committee on Judiciary.
HB 7. By Mr. Smith of Telfair: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Telfair County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 8. By Mr. Smith of Telfair: A Bill to be entitled an Act to amend an Act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HR 11-8. By Messrs. Simpson of Wheeler and Smith of Telfair: A Resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 9. By Mr. Smith of Camden:
A Bill to be entitled an Act to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 10. By Mr. McRae of Talbot:
A Bill to be entitled an Act to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 11. By Mr. Lee of Clinch:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relat ing to the inspection of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 12. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
Referred to the Committee on Judiciary.
HB 13. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 14. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other pur poses.
Referred to the Committee on Judiciary.
WEDNESDAY, JANUARY 13, 1965
67
HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of McIntosh, Harris and Smith of Glynn, Smith of Camden and others:
A Bill to be entitled an Act to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate, maintain and establish, operate and maintain foreigntrade zones in or adjacent to ports of entry; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 16. By Messrs. Richardson and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to re move or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes.
Referred to the Committee on Agriculture.
HB 17. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Wheeler County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 18. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to establish and maintain a law library for use of the judges, solicitors and other court officials of any such county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 19. By Mr. Coker of Turner:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Turner County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 20. By Mr. Knight of Berrien:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Berrien County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 21. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HR 13-21. By Messrs. Richardson, Shea and Sewell of Chatham: A Resolution compensating Mrs. Isabelle C. Oemler; and for other purposes.
Referred to the Committee on Appropriations.
HR 14-21. By Mr. Richardson of Chatham: A Resolution proposing an amendment to the Constitution so as to pro vide for the apportionment of the House of Representatives; and for other purposes.
Referred to the Committee on Judiciary.
HR 15-21. By Mr. Fulford of Terrell: A Resolution authorizing the conveyance of certain real estate located in Terrell County; and for other purposes.
Referred to the Committee on State Institutions and Property.
WEDNESDAY, JANUARY 13, 1965
69
HB 22. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes.
Referred to the Committee on Judiciary.
HB 23. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 53-202, providing for the issuance of marriage licenses upon written application, so as to pro vide that the Ordinary shall be given satisfactory proof as to the preg nancy of an underage female along with her affidavit; and for other purposes.
Referred to the Committee on Judiciary.
HB 24. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 53-102, relating to persons able to contract marriage, so as to change the provisions relat ing to proof of pregnancy; and for other purposes.
Referred to the Committee on Judiciary.
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes.
Referred to the Committee on Appropriations.
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HR 17-25. By Mr. Knight of Laurens: A Resolution compensating L. H. Cook; and for other purposes.
Referred to the Committee on Appropriations.
HB 26. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to provide the time and manner of the registration of voters to vote in elections; 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:
HR 9-2. By Messrs. Smith of Grady, Smith of Emanuel, Moate of Hancock, Roberts of Jones, Jordan of Calhoun, Jones of Lumpkin, Strickland of Evans, Harrell of Payette, Hale of Dade, Barber of Jackson, Busbee of Dougherty, Lee of Clayton, Ballard of Newton, Rhodes of Baker, Caldwell of Upson and 95 others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.
HR 10-2. By Mr. Snow of Walker: A Resolution to compensate Steve Sweet; and for other purposes.
HB 3. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Quitman County, so as to provide for the election of commissioners from the county at large; to change the requirements relative to purchases; and for other purposes.
HB 4. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the terms of office of the mayor and councilmen; to number posts on the council; and for other purposes.
WEDNESDAY, JANUARY 13, 1965
71
Mr. Williams of Hall County, Chairman of the Committee on Motor Vehicles Committee, 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 2. Do Pass.
Respectfully submitted,
Williams of Hall, Chairman.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 22. By Messrs. Hull of Richmond, Caldwell of Upson, and many others:
A RESOLUTION
Creating a committee to study the laws relating to the rules of civil and criminal procedure; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives is authorized to ap point a committee to be composed of not more than 8 members of the House of Representatives for the purpose of studying, amending and revising the present laws of this State in regard to the rules of civil and criminal procedure. The committee is authorized to hold hearings and to study all matters relative to the aforesaid purposes. The committee is authorized to employ not more than 3 persons who are skilled in legis lative drafting and who are experts in the field of civil and criminal procedure, both state and federal. The committee is further authorized to employ a clerical assistant who shall assist the committee in their study. The committee is authorized to continue its deliberations, func tions and duties during that period in which the General Assembly is in recess for the purpose of allowing the Appropriations Committee of the House of Representatives to study the General Appropriation Bill. The members of the committee shall not receive any additional com pensation, per diem, expenses or allowances while the committee is func tioning during the period in which the General Assembly is in regular session. However, the members of the committee during said recess shall receive the compensation, per diem, expenses and allowances authorized
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for legislative members of interim legislative committees, plus mileage for not more than 2 round trips to and from their home and the State Capitol. Their expenses during said recess shall not exceed $30.00 per day. The personnel authorized to be employed by the committee shall receive such compensation as shall be fixed by the committee which, however, shall not exceed that compensation received by the legislative members of the committee. The funds necessary for the purposes of this resolution shall come from the funds appropriated for and avail able to the legislative branch of the government. The committee shall stand abolished at the adjournment of the regular 1965 Session of the General Assembly.
Mr. Bolton of Spalding moved that this 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.
THURSDAY, JANUARY 14, 1965
Y3
Representative Hall, Atlanta, Georgia Thursday, January 14, 1965
The House met pursuant to adjournment at 10:00 o'clock, a.m. this day and was called to order by the Speaker.
The following prayer was offered by Rev. Lewis H. Brazell, Pastor, Taber nacle Baptist Church, Carrollton, Georgia.
Almighty God, who in thy sovereignty setteth no bounds of the na tions, we thank Thee for the rich heritage with which we are endowed both as a state and as a nation.
Establish us, we pray thee, in Rightness. Let wisdom and knowl edge be our portion as we deal with the affairs of the people about us, stabilize us in the faith of Christ, and let our implicit trust in Thee be our strong confidence. May these dedicated, delegated servants of our state find nothing to fear but that which is hateful in Thine eyes. Make them strong to bear the vision of Thy truth and have done with all falsehood, pretense and hypocrisy.
Enable them to act upon the love which has borne with us all throughout our lives. Help each one to acknowledge his dependence upon Thee, and may we all here this morning have the grace of gratitude and the desire and purpose to dedicate ourselves to Thee and the welfare of our constituency.
As these labor together, as they seek to fashion a program of equity and faith, grant them the vision to see the harvest while they plant the seed ... to dream the temple while they build the walls ... to discover the Kingdom in the clouds while they help to lay its foundations upon the earth. Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
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JOURNAL OF THE HOUSE,
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 27. By Mr. Evans of McDuffie:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the Coroner of McDuffie County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 18-27. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller; and for other purposes.
Referred to the Committee on Appropriations.
HR 19-27. By Mr. Irvin of Habersham: A Resolution to compensate Mr. Cliff Pitts; and for other purposes.
Referred to the Committee on Appropriations.
THURSDAY, JANUARY 14, 1965
75
HR 20-27. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Resolution to compensate Howard Herbert Hamby, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 21-27. By Messrs. Jordan, McDaniell and Duncan of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 28. By Messrs. Harris and Smith of Glynn: A Bill to be entitled an Act to amend the charter of the City of Bruns wick; and for other purposes.
Referred to the Committee on Local Affairs.
HB 29. By Mr. Dean of Polk:
A Bill to be entitled an Act to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers; and for other purposes.
Referred to the Committee on State of Republic.
HB 30. By Messrs. Matthews and Newton of Colquitt, Alien of Tift, Kelly of Jasper and Bynum of Rabun:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change provisions relating to inspection of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 31. By Mr. Dean of Polk: A Bill to be entitled an Act to create the Rockmart Development Au thority; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 32. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.
HB 33. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws 1920, creating a charter for the city of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, Barber of Jackson, Matthews of Colquitt, Shuman of Bryan and Coker of Turner:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services; and for other purposes.
Referred to the Committee on Appropriations.
HB 35. By Mr. Smith of Lamar: A Bill to be entitled an Act to provide that the Sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner:
A Bill to be entitled an Act to change the terms of the Superior Court of Irwin County; and for other purposes.
Referred to the Committee on Judiciary.
HB 37. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide that any person holding office under the City of LaGrange shall not be capable of contracting with the
THURSDAY, JANUARY 14, 1965
77
City unless such contract is the result of bona fide competitive bidding; and for other purposes.
Referred to the Committee on Local Affairs.
HB 38. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide for a tax increase for the years 1965 and 1966; and for other purposes.
Referred to the Committee on Local Affairs.
HB 39. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to authorize the City of LaGrange to pro vide group insurance for its employees and to provide for the payment of the premiums thereon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 40. By Messrs. Lee and Gary of Clayton:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the gov erning and policing of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 41. By Mr. Smith of Lamar:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933 relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 42. By Mr. Hale of Dade:
A Bill to be entitled an Act to provide that a certified copy of a deed or any other instrument affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instrument; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 43. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System of Georgia approved February 3, 1949, as amended so as to provide the procedure whereby certain members of the Em ployee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes.
Referred to the Committee on Highways:
HR 23-43. By Messrs. Snow of Walker, Rowland of Johnson, Johnson of Elbert, Blair of Sumter, Fulford of Terrell, Milhollin of Coffee, Clarke of Monroe, Smith of Camden, Shea of Chatham and Harrington of Baldwin:
A Resolution proposing an amendment to the Constitution so as to pro vide home rule for counties; and for other purposes.
Referred to the Committee on Judiciary.
HR 24-43. By Messrs. Abney of Walker, Hale of Dade, Tucker of Catoosa, Snow of Walker, Floyd of Chatooga, and Clark of Catoosa:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Appropriations.
HR 25-43. By Mr. Bowen of Dooly: A Resolution to compensate Mrs. Merle C. Chancy; and for other pur poses.
Referred to the Committee on Appropriations.
HR 26-43. By Mr. Lee of Clayton: A Resolution to compensate Grover Jackie Darnell; and for other pur poses.
Referred to the Committee on Appropriations.
HR 27-43. By Mr. Lee of Clayton: A Resolution to compensate George Michael Looney; and for other pur poses.
Referred to the Committee on Appropriations.
THURSDAY, JANUARY 14, 1965
79
HR 28-43. By Mr. Hale of Dade: A Resolution authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Pulton, Steis of Harris, Brooks of Fulton and Pope of Cherokee:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel tratment of children which he notices in the exami nation of any such children; and for other purposes.
Referred to the Committee on Welfare.
HB 45. By Messrs. Bolton of Spalding and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes.
Referred to the Committee on Ways and Means.
HB 46. By Mr. Savage of Macon:
A Bill to be entitled an Act providing a Charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes.
Referred to the Committee on Local Affairs.
HB 47. By Messrs. Barber of Jackson and Gibbons of Lowndes:
A Bill to be entitled an Act to provide for the establishment of mini mum standards and salaries for clerical personnel employed in the offices of the elementary, high school and local school superintendent's offices; and for other purposes.
Referred to the Committee on Education,
HR 29-47. By Mr. Coker of Turner: A Resolution to compensate Mr. C. Boston Wynn and for other pur poses.
Referred to the Committee on Appropriations.
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JOURNAL OF THE HOUSE,
HB 48. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for additional exemptions from the taxes imposed by said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 49. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to place the sheriff of Habersham County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 50. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act renaming the Albany Judi cial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court reporter; to pro vide that the supplement shall be apportioned among the counties com prising said circuit, and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 5. By Messrs. Snow of Walker, Clarke of Monroe, Smith of Camden, Blair of Sumter, Shea of Chatham, Rowland of Johnson and Fulford of Terrell:
A Bill to be entitled an Act delegating home rule powers to the munici palities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; and for other purposes.
HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden, Shea of Chatham, Brooks of Oglethorpe and Fulford of Terrell:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and main-
THURSDAY, JANUARY 14, 1965
81
tenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other pur poses.
HB 7. By Mr. Smith of Telfair:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Telfair County, known as the fee system; and for other purposes.
HB 8. By Mr. Smith of Telfair:
A Bill to be entitled an Act to amend an Act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner; and for other purposes.
HR 11-8. By Messrs. Simpson of Wheeler and Smith of Telfair:
A Resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; and for other purposes.
HB 9. By Mr. Smith of Camden:
A Bill to be entitled an Act to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 10. By Mr. McRae of Talbot:
A Bill to be entitled an Act to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes.
HB 11. By Mr. Lee of Clinch:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relat ing to the inspection of motor vehicles; and for other purposes.
HB 12. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 13. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value; and for other purposes.
HB 14. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other pur poses.
HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of McIntosh, Harris and Smith of Glynn, Smith of Camden and others:
A Bill to be entitled an Act to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate maintain and establish, operate and maintain foreigntrade zones in or adjacent to ports of entry; and for other purposes.
HB 16. By Messrs. Richardson and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to re move or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes.
HB 17. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Wheeler County, known as the fee system; and for other purposes.
HB 18. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to establish and maintain a law library for the use of the judges, solicitors and other court officials of any such county; and for other purposes.
HB 19. By Mr. Coker of Turner:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Turner County, known as the fee system; and for other purposes.
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83
HB 20. By Mr. Knight of Berrien:
A bill to be entitled an Act to abolish the present mode of compensating the sheriff of Berrien County, known as the fee system; and for other purposes.
HB 21. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen; and for other pur poses.
HR 13-21. By Messrs. Richardson, Shea and Sewell of Chatham:
A Resolution compensating Mrs. Isabelle C. Oemler; and for other purposes.
HR 14-21. By Mr. Richardson of Chatham:
A Resolution proposing an amendment to the Constitution so as to pro vide for the apportionment of the House of Representatives; and for other purposes.
HR 15-21. By Mr. Fulford of Terrell:
A Resolution authorizing the conveyance of certain real estate located in Terrell County; and for other purposes.
HB 22. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes.
HB 23. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 53-202, providing for the issuance of marriage licenses upon written application, so as to provide that the Ordinary shall be given satisfactory proof as to the pregnancy of an underage female along with her affidavit; and for other purposes.
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HB 24. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 53-102, relating to persons able to contract marriage, so as to change the provisions relat ing to proof of pregnancy; and for other purposes.
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes.
HE 17-25. By Mr. Knight of Laurens: A Resolution compensating L. H. Cook; and for other purposes.
HB 26. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to provide the time and manner of the registration of voters to vote in elections; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate to wit:
SR 6. By Senators Broun of the 46th, Coggin of the 35th and Gillis of the 20th:
A Resolution commending the officials of the Athletic Department of the University of Georgia; and for other purposes.
The following Resolution of the House was read and adopted:
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85
HR 30. By Messrs. Byrd of Walton, Spillars and Ballard of Newton, and others:
A RESOLUTION
Expressing regrets at the passing of Mrs. E. R. Lambert; and for other purposes.
WHEREAS, Mrs. E. R. Lambert of Madison, Morgan County, Geor gia, born Lula Bowers of Hart County, Georgia, the mother of Repre sentative and former Senator E. R. Lambert of Morgan County, Geor gia, passed away on January 12, 1965; and
WHEREAS, Mrs. Lambert was active in the affairs of her com munity and beloved by all; and
WHEREAS, her passing is a great loss to her friends and her com munity and to the many friends of her distinguished son, Representa tive E. R. Lambert.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Mrs. E. R. Lambert and the sincerest sympathy of all the members of this body is hereby extended to the members of her family and, in particular, to her son, Representative E. R. Lambert.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit a copy of this Resolution to Representative E. R. Lambert.
The following Resolution of the Senate was read and adopted:
SR 6. By Senators Broun of the 46th, Coggin of the 35th, and Gillis of the 20th:
A RESOLUTION
Commending the officials of the Athletic Department of the Uni versity of Georgia; and for other purposes.
WHEREAS, the football team at the University of Georgia achieved its greatest success in many years during the 1964 season, climaxing the year with a convincing victory over Texas Tech in the Sun Bowl; and
WHEREAS, a large measure of this success is due to the staff of the Athletic Department under the very capable direction of the new Athletic Director, Joel Eaves, and particularly to the new Head Foot ball Coach, Vince Dooley, whose efforts in his first year as a head coach were rewarded by his selection as Southeastern Conference Coach of the Year; and
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WHEREAS, both Joel Eaves and Vince Dooley are men of out standing character, integrity, and ability and are a credit to the Uni versity of Georgia and to athletics in general; and
WHEREAS, Assistant Coaches Erskine Russell, Cecil Ingram, Jim Pyburn, Bill Dooley, John Donaldson, Prank Inman, Doc Ayers, Ken Cooper and Sam Mrvos also contributed immeasurably to the success of the Bulldogs during this previous season as did Sterling DuPree, Director of Recruiting, Dick Copas, Head Trainer, Howell Hollis, Busi ness Manager and Dan Magill, Sports Information Director; and
WHEREAS, the staff imbued a new spirit into the fine group of players at the University of Georgia and this spirit has been spon taneously transmitted to the student body, the alumni, and other fans and supporters of the University of Georgia so that a "new era" has been inaugurated in football at Georgia which is beneficial not only to the University but to the entire State.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Athletic Director Joel Eaves, Head Football Coach Vince Dooley, and other fine coaches and staff members of the Athletic Department at the University of Georgia are hereby extended sincerest congratulations for their outstanding success during the 1964 football season, and are hereby commended for the most note worthy achievement of improving the image of Georgia football and obtaining the enthusiastic support of the Georgia alumni in the very short span of one year.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a suitable copy of this resolution to each of the above named persons, to each member of the Board of Regents, to the Chancellor of the University System, and to the Presi dent of the University of Georgia.
Speaker Smith expressed his sympathy at the passing of Representative Bill Gibbons of Lowndes County and appointed the following members to serve as a Committee of Escort representing the House of Representatives:
Messrs. Walker of Lowndes, DeLoach of Echols, Pafford of Lanier, Knight of Berrien, Griffis of Cook, Reaves of Brooks and Matthews of Colquitt.
Mr. Bolton of Spalding moved that this 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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87
Representative Hall, Atlanta, Georgia Friday, January 15, 1965
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Hubert A. (Baldy) White, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reports 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:
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HB 51. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend Code Section 53-2, relating to marriage licenses, so as to repeal the provisions exempting persons twenty-one (21) years of age or over and pregnant women from the provisions of the three-day waiting period; and for other purposes.
Referred to the Committee on Judiciary.
HB 52. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, loco mobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes.
Referred to the Committee on Judiciary.
HB 53. By Messrs. McClelland of Pulton, Richardson and Shea of Chatham,
Hull of Richmond, Melton of Spalding, Coker and Pope of Cherokee: A Bill to be entitled an Act relating to the registration of vehicles and vehicle licenses, so as to provide for payment of annual license tax semi-annually; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 54. By Mr. Davis of Heard: A Bill to be entitled an Act to place the sheriff of Heard County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 55. By Messrs. Gary and Lee of Clayton: 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 56. By Mr. Grahl of Peach: A Bill to be entitled an Act to amend an Act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said SolicitorGeneral; and for other purposes.
Referred to the Committee on Local Affairs.
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89
HR 31-56. By Mr. Lewis of Burke: A Resolution to compensate John B. Home; and for other purposes.
Referred to the Committee on Appropriations.
HB 57. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to increase the membership of the commission; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 58. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of Com mission shall not be deemed "employment" within the meaning of said Act; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 27. By Mr. Evans of McDuffie:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the Coroner of McDuffie County; and for other purposes.
HR 18-27. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller; and for other purposes.
HR 19-27. By Mr. Irvin of Habersham: A Resolution to compensate Mr. Cliff Pitts; and for other purposes.
HR 20-27. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Resolution to compensate Howard Herbert Hamby, Sr.; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 21-27. By Messrs. Jordan, McDaniell and Duncan of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.
HB 28. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick; and for other purposes.
HB 29. By Mr. Dean of Polk:
A Bill to be entitled an Act to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers; and for other purposes.
HB 30. By Messrs. Matthews and Newton of Colquitt, Alien of Tift, Kelly of Jasper and Bynum of Rabun:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change provisions relating to inspection of motor vehicles; and for other purposes.
HB 31. By Mr. Dean of Polk:
A Bill to be entitled an Act to create the Rockmart Development Au thority; and for other purposes.
HB 32. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes.
HB 33. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws 1920, creating a charter for the city of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits; and for other purposes.
HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, Barber of Jackson, Matthews of Colquitt, Shuman of Bryan and Coker of Turner:
A Bill to be entitled an Act to authorize the State Personnel Board to
FRIDAY, JANUARY 15, 1965
91
provide a Health Insurance Plan for county employees of the State Department of Family and Children Services; and for other purposes.
HB 35. By Mr. Smith of Lamar:
A Bill to be entitled an Act to provide that the Sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other pur poses.
HB 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner:
A Bill to be entitled an Act to change the terms of the Superior Court of Irwin County; and for other purposes.
HB 37. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide that any person holding office under the City of LaGrange shall not be capable of contracting with the City unless such contract is the result of bona fide competitive bidding; and for other purposes.
HB 38. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide for a tax increase for the years 1965 and 1966; and for other purposes.
HB 39. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to authorize the City of LaGrange to provide group insurance for its employees and to provide for the pay ment of the premiums thereon; and for other purposes.
HB 40. By Messrs. Lee and Gary of Clayton:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes.
HB 41. By Mr. Smith of Lamar:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933 relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 42. By Mr. Hale of Bade:
A Bill to be entitled an Act to provide that a certified copy of a deed or any other instrument affecting real property which has been prop erly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instrument; and for other purposes.
HB 43. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System of Georgia approved February 3, 1949, as amended so as to provide the procedure whereby certain members of the Em ployee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes.
HE 23-43. By Messrs. Snow of Walker, Rowland of Johnson, Johnson oi Elbert, Blair of Sumter, Fulford of Terrell, Milhollin of Coffee, Clarke of Monroe, Smith of Camden, Shea of Chatham and Harrington of Bald win:
A Resolution proposing an amendment to the Constitution so as to pro vide home rule for counties; and for other purposes.
HR 24-43. By Messrs. Abney of Walker, Hale of Dade, Tucker of Catoosa, Snow of Walker, Floyd of Chattanooga, and Clark of Catoosa:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes.
HR 25-43. By Mr. Bowen of Dooly:
A Resolution to compensate Mrs. Merle C. Chancy; and for other purposes.
HR 26-43. By Mr. Lee of Clayton:
A Resolution to compensate Grover Jackie Darnell; and for other pur poses.
HR 27-43. By Mr. Lee of Clayton:
A Resolution to compensate George Michael Looney; and for other purposes.
FRIDAY, JANUARY 15, 1965
93
HR 28-43. By Mr. Hale of Dade:
A Resolution authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes.
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Fulton, Steis of Harris, Brooks of Fulton and Pope of Cherokee:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes.
HB 45. By Messrs. Bolton of Spalding and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes.
HB 46. By Mr. Savage of Macon:
A Bill to be entitled an Act providing a charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes.
HB 47. By Messrs. Barber of Jackson and Gibbons of Lowndes:
A Bill to be entitled an Act to provide for the establishment of mini mum standards and salaries for clerical personnel employed in the offices of the elementary, high school and local school superintendent's offices; and for other purposes.
HR 29-47. By Mr. Coker of Turner:
A Resolution to compensate Mr. C. Boston Wynn; and for other pur poses.
HB 48. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for additional exemptions from the taxes imposed by said Act; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 49. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to place the sheriff of Habersham County upon an annual salary; and for other purposes.
HB 50. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court reporter; to provide that the supplement shall be apportioned among the counties comprising said circuit; and for other purposes.
The following communication was received and read:
THE GENERAL ASSEMBLY State Capitol Atlanta
January 10, 1965
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 7TH CONGRESSIONAL DISTRICT
Pursuant to provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to noti fy you that a caucus is hereby being called for the purpose of electing the member of the State Highway Board from the 7th Congressional District. Such caucus will be held in Room 341, State Capitol Building, Atlanta, Georgia, on Friday, January 15, 1965, at 10:00 O'clock A.M. Members of the Senate from those Senatorial District embraced or partly embraced within the 7th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from the counties embraced within the 7th Congressional District are eligible to participate in said caucus.
Sincerely yours,
Peter Zack Geer President of the Senate
Geo. T. Smith Speaker of the House
Mr. Paris of Barrow moved that this House do now adjourn until 12:30 o'clock p.m. Monday, and the motion prevailed.
The Speaker announced the House adjourned until 12:30 o'clock p.m. Monday.
MONDAY, JANUARY 18, 1965
95
Representative Hall, Atlanta, Georgia Monday, January 18, 1965
The House met pursuant to adjournment at 12:30 o'clock p.m., this day and was called to order by the Speaker.
Prayer was offered by Rev. Carl Carruth, Pastor, First Methodist Church, Tifton, Ga.
The following report of the Committee on Rules was read:
REPORT OF HOUSE RULES COMMITTEE ON THE CONTEST RELATIVE TO THE MEMBER OF THE HOUSE OF REPRESENTATIVES FROM FANNIN COUNTY
MR. SPEAKER:
Your Committee on Rules conducted a hearing on January 13, 1965, beginning at 2:00 O'clock P. M., in Room 341, State Capitol, in the matter of a contest filed in behalf of Mr. Noel M. Galloway, Democratic candidate for Representative from Fannin County in the November, 1964, General Election, against Mr. A. C. Duncan, Republican candidate for Representative from Fannin County in the November, 1964, General Election. Mr. Galloway was represented at the hearing by Mr. Pierre Howard, Attorney at Law, Atlanta, Georgia; and Mr. Duncan was rep resented by Mr. Newell Edenfield, Attorney at Law, Atlanta, Georgia, Mr. Martin McFarland, Attorney at Law, Atlanta, Georgia, and Mr. Cecil Hartness, Attorney at Law, Blue Ridge, Georgia. The Committee wishes to express its appreciation to Counsel for both parties for their cooperation and commends them for their able presentation under most trying circumstances.
Prior to the presentation of witnesses, it was agreed by Counsel for both parties that the returns for said election, as certified by the Ordinary of Fannin County to the Secretary of State, showed that Mr. Duncan received 3,256 votes and Mr. Galloway received 2,820 votes, a difference of 436 votes. After opening statements by Counsel, witnesses for both parties gave testimony under oath, and evidence was intro duced. Mr. Galloway and Mr. Duncan were both present and each of them testified.
This Committee wishes to call attention to the fact that during the course of this hearing, sworn testimony and evidence was presented relative to glaring irregularities and violations of the new Election Code in the conduct of the General Election of November 3, 1964, in Fannin County. There was testimony concerning the buying of votes, non-compli ance with the absentee ballot provisions of the Election Code, violation of the provisions of the Election Code relative to providing assistance to voters at the polls, and other irregularities. In view of this testimony and evidence, the Committee recommends that a copy of this report be
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JOURNAL OF THE HOUSE,
transmitted to the Solicitor General of the Blue Eidge Judicial Circuit, the Attorney General of Georgia, and the State Election Board, for their consideration and whatever action they deem appropriate.
The Committee wishes it clearly understood that no testimony or evidence of any kind was presented to indicate that Mr. Duncan was guilty of or took part in any of the irregularities complained of by Mr. Galloway. In fact, Counsel for Mr. Galloway stated there was no such evidence, and this is also the finding and conclusion of this Committee.
After consideration of the testimony, evidence, arguments and applicable statutory and constitutional provisions, it is the finding of the Committee that even in view of the irregularities, sufficient showing was not made to enable the Committee to reach the definite conclusion that the result of this election would have been changed. Therefore, it is recommended that Honorable A. C. Duncan be declared the duly elected Representative from Fannin County and that he be seated as the mem ber of the House of Representatives from said County.
Respectfully submitted,
Bolton of Spalding Carr of Washington Vaughn of Rockdale Fulford of Terrell Shea of Chatham Blair of Sumter Howell of Early Jones of Lumpkin Brooks of Fulton Smith of Emanuel Pope of Cherokee Wiggins of Carroll Smith of Whitfield
Hale of Bade Jones of Liberty Phillips of Columbia
The following Resolution of the House was read and adopted: HR 36. By Mr. Bolton of Spalding:
A RESOLUTION
Relative to the member of the House of Representatives from Fannin County; and for other purposes.
WHEREAS, the House Rules Committee has conducted a hearing on the contest between Honorable Noel M. Galloway and Honorable A. C. Duncan relative to which, if either, of said persons should be seated as a member of the House of Representatives from Fannin County; and
WHEREAS, said Committee has submitted a Report in which it is
MONDAY, JANUARY 18, 1965
97
recommended that Mr. Duncan be seated as the Representative from Pannin County;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Report of the House Rules Committee relative to the aforesaid contest be adopted, and the recommendations contained therein be followed.
BE IT FURTHER RESOLVED that Honorable A. C. Duncan is hereby declared to be the duly elected Representative from Fannin County and he shall be seated as a member of the House of Representa tives from Fannin County.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to immediately transmit a copy of this Resolution and a copy of the aforesaid Report to the Governor, to the Secretary of State, to Mr. Duncan, to Mr. Galloway, to Mr. Newell Edenfield, of Counsel for Mr. Duncan, and to Mr. Pierre Howard, of Counsel for Mr.
Galloway.
The Speaker announced that Mr. A. C. Duncan, was the duly elected repre sentative of the county of Fannin.
Mr. Duncan appeared before the bar of the House and was administered the oath of office by Honorable Charles A. Pannell, Judge, Court of Appeals of Georgia.
The roll call was ordered and the following members answered to their names:
Abney Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bolton
Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brinkley
Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe
Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge
Evans Farrar Floyd Flynt Fulford Gary
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Grahl Griffin Griffis Hall Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. 8. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin
Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Miitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Ross
Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Wright
Mr, Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
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99
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: HR 32-58. By Mr. Brown of Hart:
A Resolution to compensate Mrs. Mack Suit; and for other purposes.
Referred to the Committee on Appropriations.
HB 59. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to authorize the ordinary of Rabun County upon recommendation of tax commissioner of Rabun County to addi tionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 60. By Messrs. Bynum of Rabun, Barber of Jackson, Farrar of DeKalb, and Etheridge of Fulton:
A Bill to be entitled an Act to amend 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.
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HE 61. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide for compensation for the Ordi nary of Rabun County and compensation for secretarial assistance to the Ordinary of Rabun County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 33-61. By Mr. Bynum of Rabun: A Resolution compensating Leilia Emory; and for other purposes.
Referred to the Committee on Appropriations.
HR 34-61. By Mr. Bynum of Rabun: A Resolution compensating Lula Emory; and for other purposes.
Referred to the Committee on Appropriations.
HR 35-61. By Mr. Bynum of Rabun: A Resolution compensating Mrs. Nelly Kelly; and for other purposes.
Referred to the Committee on Appropriations.
HB 62. By Mr. Dean of Polk:
A Bill to be entitled an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes
Referred to the Committee on Game and Fish.
HB 63. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes.
Referred to the Committee on Insurance.
MONDAY, JANUARY 18, 1965
101
HB 64. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to author ize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes.
Referred to the Committee on Insurance.
HB 65. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-618, relating to the licensing requirements for surplus line brokers, so as to increase the bond required of the broker; and for other purposes.
Referred to the Committee on Insurance.
HB 66. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-803a, relating to licensing of and paying commissions to agents writing life and acci dent and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incor porated agency, assignment, or other means; and for other purposes.
Referred to the Committee on Insurance.
HB 67. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the previous laws relating to insurance, so as to make certain technical clarifications therein relating to the institu tion of said Act for previous Title 56 of the Code of Georgia of 1933; and for other purposes.
Referred to the Committee on Insurance.
HB 68. By Mr. Houston of Pierce:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes.
Referred to the Committee on Local Affairs.
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HB 69. By Mr. Houston of Pierce:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Pierce County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 70. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other purposes.
Referred to the Committee on Judiciary.
Mr. Walker of Lowndes asked unanimous consent that the House suspend the Rules in order that the following Bill of the House could be read for the first time and referred to the Committee:
HB 71. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend Code Section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain exceptions relative to vacancies occurring during 1965, and for other purposes.
The consent was granted and HB 71 was referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 51. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend Code Section 53-2, relating to marriage licenses, so as to repeal the provisions exempting persons twenty-one (21) years of age or over and pregnant women from the provisions of the three-day waiting period; and for other purposes.
HB 52. By Mr. Tucker of Henry: A Bill to be entitled an Act to amend Code Chapter 26-2601, relating
MONDAY, JANUARY 18, 1965
103
to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, loco mobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes.
HB 53. By Messrs. McClelland of Pulton, Richardson and Shea of Chatham, Hull of Richmond, Melton of Spalding, Coker and Pope of Cherokee:
A Bill to be entitled an Act relating to the registration of vehicles and vehicle licenses, so as to provide for payment of annual license tax semi-annually; and for other purposes.
HB 54. By Mr. Davis of Heard:
A Bill to be entitled an Act to place the sheriff of Heard County on a salary basis in lieu of a fee basis; and for other purposes.
HB 55. By Messrs. Gary and Lee of Clayton:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
HB 56. By Mr. Grahl of Peach:
A Bill to be entitled an Act to amend an Act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said SolicitorGeneral; and for other purposes.
HR 31-56. By Mr. Lewis of Burke: A Resolution to compensate John B. Home; and for other purposes.
HB 57. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to increase the membership of the commission; and for other purposes.
HB 58. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of com mission shall not be deemed "employment" within the meaning of said Act; and for other purposes.
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Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 36. Do Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.
Mr. Carr of Washington County, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lution of the House and has insructed me as Chairman, to report the same back to the House with the following recommendation:
HR 22. Do Pass.
Respectfully submitted,
Carr of Washington, Secretary.
The following Resolutions of the House were read and adopted:
HR 37. By Messrs. Smith of Grady, Luke of Richmond, and many others:
A RESOLUTION
Expressing regrets at the passing of Mrs. E. R. Lambert; and for other purposes.
WHEREAS, Mrs. E. R. Lambert of Madison, Morgan County, Georgia, born Lula Bowers of Hart County, Georgia, the mother of Representative and former Senator E. R. Lambert of Morgan County, Georgia, passed away on January 12, 1965; and
MONDAY, JANUARY 18, 1965
105
WHEREAS, Mrs. Lambert was active in the affairs of her com munity and beloved by all; and
WHEREAS, her passing is a great loss to her friends and her com munity and to the many friends of her distinguished son, Representa tive E. R. Lambert;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Mrs. E. R. Lambert and the sincerest sympathy of all the members of this body is hereby extended to the members of her family and, in particular, to her son, Representative E. R. Lambert.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Representative E. R. Lambert.
HR 38. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and others:
A RESOLUTION
Expressing regrets at the passing of Master Donald Alien Webb; and for other purposes.
WHEREAS, Master Donald Alien Webb of Leary, Calhoun County, Georgia, born July 9, 1957, departed this life on Thursday, January 14, 1965; and
WHEREAS, Master Webb was known as "Don" to his parents, relatives and many friends; and
WHEREAS, Don was the oldest son of Mr. and Mrs. Charles Zack Webb and the oldest grandson of Mrs. W. Harvey Jordan and Honor able W. Harvey Jordan, a distinguished member of the House of Repre sentatives from Calhoun County; and
WHEREAS, Don attended the Leary Baptist Church and the Leary Baptist Church Sunday School which he had attended every Sunday for the last four years; and
WHEREAS, Don attended the Leary Elementary School being an A-Plus student in the second grade with perfect attendance from the time he became a student; and
WHEREAS, Don was dearly loved by his parents, grandparents and other relatives and was outstanding among his many friends and others that knew him; and
WHEREAS, He enjoyed singing and music and the outdoors, espe cially fishing; and
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JOURNAL OF THE HOUSE,
WHEREAS, This young man had all the characteristics of being an outstanding citizen of the area in which he lived, of the State of Geor gia and of the United States; and
WHEREAS, it is recorded He said: "SUFFER THE LITTLE CHILDREN, AND FORBID THEM NOT, TO COME UNTO ME; FOR OF SUCH IS THE KING DOM OF HEAVEN."
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body, in regular session assem bled, does hereby express its deepest regrets upon the passing of Master Donald Alien Webb and the sincerest sympathy of this body is hereby extended to his parents, Mr. and Mrs. Charles Zack Webb, his grand parents, Honorable and Mrs. W. Harvey Jordan and to the other mem bers of the family.
BE IT FURTHER RESOLVED that in token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to prepare appropriate copies of this Resolution to be pre sented to the persons named in this Resolution.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 39. By Messrs. Lowrey and Minge of Floyd:
A RESOLUTION
Creating a committee to study the Motor Vehicle Inspection Law; and for other purposes.
WHEREAS, the Motor Vehicle Inspection Law has received con siderable publicity in recent weeks; and
WHEREAS, the members of this body believe that an objective study of the law should be made to determine if the intention of the legislature is being carried out.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of 7 members of the House of Representatives to be appointed by the Speaker. The committee shall undertake a thorough examination of the Motor Vehicle Inspection Law to determine if the intention of the legislature concerning such law is being carried out. The committee shall make a report of its findings on or before February 8, 1965, on which date the committee shall stand abolished. The committee shall be authorized to conduct this study during the two weeks recess while the Appropriations Committee of the House of Representatives is consider ing the Appropriation Bill. The committee members shall receive the compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees. The funds necessary for
MONDAY, JANUARY 18, 1965
107
the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government.
Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Pulton:
A BILL
To be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA that the sums of money hereinafter provided are hereby appro priated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropriations here tofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein.
SECTION 1
Aging, Commission on 1964-1965 ..._,,,,.-$
7,500.00
SECTION 2
Capitol Square Improvement Committee--Authority Lease Rentals
1964-1965 ............................... ....^ 500,000.00
SECTION 3
Comptroller General 1964-1965 ...........-...........-..-.....-.-..-......-..--..........-.-..I 125,000.00
SECTION 4
Education, State Board 1964-1965 ..........
^^ 481,300.00
SECTION 5
Game and Pish Commission 1964-1965 .,,._..-.-$ 144,063.00
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JOURNAL OF THE HOUSE,
SECTION 6
Higher Education Assistance Corporation 1964-1965 ._______._.__._.____.._..______.________..___________..____________.___...$ 15,000.00
SECTION 7
Highway Department (Airport Development)
1964-1965
___....__..._____$ 601,000.00
SECTION 8
Labor, Department of Commissioner's Office and Inspection Division
1964-1965 ......................... ....^...^... ...^
8,000.00
SECTION 9
Law, Department of 1964-1965 ...........
^ 42,000.00
SECTION 10
Parks, Department of 1964-1965 ----..-,,.-,,-.._$ 45,570.00
SECTION 11
Probation, Board of 1964-1965 ........... ....._............$ 68,692.00
SECTION 12
Public Safety, Department of 1964-1965 .__._._......._.___..._..................................._...............$ 360,000.00
SECTION 13
Regents of the University System of Georgia 1964-1965 __._______..._.._._._........ ......___._______.___..,,...................$ 280,000.00
SECTION 14
Revenue, Department of 1964-1965 -.-.-.-..-.......$ 150,000.00
SECTION 15
Soil and Water Conservation Committee 1964-1965 ___..--_..--.--...-.__.___.......--.--..___.____....______.._$ 32,000.00
SECTION 16
State Scholarship Commission 1964-1965 ..__..__.___.__..__..._...__............................._._..._.__.........$ 15,000.00
MONDAY, JANUARY 18, 1965
109
SECTION 17
Stone Mountain Memorial Committee 1964-1965 ___._________...._..___._-_--.---__-____-_.-._.__-_-_-..$ 150,000.00
SECTION 18
Supervisor of Purchases State Self-Insurance Program
1964-1965 ___.__.........._._.__.......__.............._........________.___.___...$1,000,000.00
SECTION 19
Ty Cobb Baseball Memorial Commission 1964-1965 -,,_._,,_,,.______,,__.,,_.,,_.$ 100,000.00
SECTION 20
All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recom mendation contained in the Supplemental Budget submitted to the Gen eral Assembly at the regular January Session 1965, 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 Chairmen 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 expendi tures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is author ized to allocate as to Object said funds as he deems proper.
SECTION 21
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 and the General Appro priations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is au thorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. L. 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 appro priations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget 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 1964-1965------_-$4,125,125.00
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JOURNAL OF THE HOUSE,
SECTION 22
All laws and parts of laws in conflict with this Act are hereby repealed.
The Speaker resolved the House into a Committee of the Whole House, desig nating Mr. Bolton of Spalding as Chairman thereof, for the purpose of consider ing HB 1.
The Committee of the Whole House arose and through its Chairman re ported HB 1 back to the House with the recommendation that it Do Pass, as amended.
The following Committee amendment was read and adopted:
The Appropriations Committee moves to amend HB 1 by striking Section 19 in its entirety and renumbering the subsequent sections ac cordingly, and by striking the figure $4,125,125.00 as it appears in Section 21 and inserting in lieu thereof the figure $4,025,125.00.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, E. L. Brackin Branch Brantley
Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell
Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford
MONDAY, JANUARY 18, 1965
111
Gary Grahl Griffin Griffis Hall Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Herndon Holder Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, P. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney
McClelland McCracken McDaniell McKemie
McRae Melton Merritt Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson
Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Rush
Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker
Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Blalock Conger Dixon Dollar Dorminy Gibbons Hale Henderson Houston
Howell Jones, C. M. Jordan, W. H. Leonard Lewis, E. B. Lovett Matthews, D. R. Milhollin Moore, J. H. Newton, A. S.
Pafford Reaves Rodgers, H. B. Ross Shuman Smith, Chas. C. Stalnaker Sweat Mr. Speaker
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JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 176, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Dixon and Sweat of Ware stated 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.
Mr. Vaughn of Rockdale moved that HB 1 be immediately transmitted to the Senate and the motion prevailed.
HB 1 was ordered immediately transmitted to the Senate.
HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk, and Moses of Montgomery: A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various 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 Bagby Balkcom Ballard Barber Beck Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin
Branch Brinkley Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Crowe Dailey Dean Deloach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar
MONDAY, JANUARY 18, 1965
113
Floyd Flynt Pulford Gary Grahl Griffis Hall Harrington Harris, J. P. Harris, J. R. Harris, R. W. Herndon Holder Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, P. S. Lee, C. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Maddox Marshall
Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Rhodes
Richardson Rogers, Jimmie Roper Rowland Rush Russell
Savage Sewell Shea Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spillers Steis Strickland Tabb Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Walker Watkins Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Bedgood Black Blalock Brantley Brooks, Geo. B. Brown, M. P. Busbee Carr Clark, J. T. Colwell Conger Conner
Davis Dixon Dollar Dorminy Gibbons Griffin Hale Harrell Henderson Howell Johnson, B. Jones, C. M. Jones, P. C. Jordan, W. H.
Leonard Lewis, E. B. Lovett Mauney Moore, J. H. Newton, A. S. Overby Parker
Phillips, G. S. Reaves Roberts Rodgers, H. B. Ross Singer
114
Smith, Chas. C. Spikes Stalnaker Story Sweat
JOURNAL OP THE HOUSE,
Thomas
Tucker, J. B. Underwood Vaughan, D. N. Ware
Watson Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Williams of Hall, Dixon and Sweat of Ware, 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 2.
Mr. Floyd of Chattooga moved that HB 2 be immediately transmitted to the Senate and the motion prevailed.
HB 2 was ordered immediately transmitted to the Senate.
Messrs. Melton of Spalding, Lee of Clinch, Matthews of Colquitt, Jessup of Bleckley, Bagby of Paulding and Lane of Bulloch arose on a point of personal privilege and addressed the House.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 50. By Mr. Smith of Grady:
A RESOLUTION
Creating a committee to study county matters; and for other pur poses.
WHEREAS, a Resolution proposing an amendment to the Consti tution which would authorize home rule for counties has been intro duced in this session of the General Assembly; and
WHEREAS, in connection therewith there are other matters rela tive to counties which should be studied;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be
MONDAY, JANUARY 18, 1965
115
composed of five members of the House to be appointed by the Speaker for the purpose of studying the aforesaid Resolution relative to home rule for counties which has been introduced and other matters relative to counties, including, but not limited to, county powers, county commis sioners and other county officers. The committee is authorized to meet for the purpose of such study during the period between the first and second portions of the regular 1965 session. During such period of time, the members of the committee shall receive 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 committee is authorized to meet after such period of time, but shall receive no additional com pensation, per diem, expenses and allowances therefor. The funds nec essary to effectuate the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The committee shall stand abolished upon the adjournment of the regular 1965 session of the General Assembly.
The following communication was received and read:
THE GENERAL ASSEMBLY State Capitol Atlanta
January 13, 1965
TO: MEMBERS OP THE GENERAL ASSEMBLY FROM THE 8TH CONGRESSIONAL DISTRICT
Pursuant to provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to noti fy you that a caucus is hereby called for the purpose of electing the member of the State Highway Board from the 8th Congressional Dis trict. Such caucus will he held in Room 341, State Capitol Building, Atlanta, Georgia, on Monday, January 18, 1965, at 10:00 O'clock A.M. Members of the Senate from those Senatorial Districts embraced or partly embraced within the 8th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from the counties embraced within the 8th Congressional District are eligible to participate in said caucus. The notice previously mailed, calling such caucus for January 15, 1965, is hereby rescinded.
Sincerely yours,
Peter Zack Geer President of the Senate
Geo. T. Smith Speaker, House of Representatives
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JOURNAL OF THE HOUSE,
THE GENERAL ASSEMBLY State Capitol
Atlanta
January 10, 1965
TO: MEMBERS OP THE GENERAL ASSEMBLY PROM THE 8TH CONGRESSIONAL DISTRICT
Pursuant to provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), this is to notify you that a caucus is hereby being called for the purpose of elect ing the member of the State Highway Board from the 8th Congressional District. Such caucus will be held in the Hall of the House of Repre sentatives, State Capitol Building, Atlanta, Georgia, on Friday, Janu ary 15, 1965, at 10:00 O'clock A. M. Members of the Senate from those Senatorial Districts embraced or partly embraced within the 8th Con gressional District are eligible to participate in said caucus. Members of the House of Representatives from the counties embraced within the 8th Congressional District are eligible to participate in said caucus.
Sincerely yours,
Peter Zack Geer President of the Senate
Geo. T. Smith Speaker of the House
Honorable Edward J. Gayner of Brunswick was elected to a five year term.
The Speaker presented Representative Russell of Thomas who introduced the members of the Glee Club from Abraham Baldwin Agriculture College. The Glee Club rendered several selections for the enjoyment of the House.
Mr. Bolton of Spalding moved that this House do now adjourn until 12:30 p.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 12:30 p.m. tomorrow.
TUESDAY, JANUARY 19, 1965
117
Representative Hall, Atlanta, Georgia Tuesday, January 19, 1965
The House met pursuant to adjournment at 12:30 o'clock p.m., this day and was called to order by the Speaker.
Prayer was offered by Rev. Ronald Preston, Pastor, Union Hill Baptist, Cochran, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
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JOURNAL OF THE HOUSE,
HB 72. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, Luke of Richmond, Hudgins of Chattahoochee, Fulford of Terrell, Herndon of Appling, Jessup of Bleckley, Holder of Dodge and many others:
A Bill to be entitled an Act to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspection fee; and for other purposes.
Referred to the Committee on Ways and Means.
HB 74. By Mr. Davis of Heard: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 75. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act 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 76. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee sys tem of compensation, so as to provide that the sheriff shall not receive any compensation for services as ex-officio sheriff of the City Court of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
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119
HB 77. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 78. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the clerk of the superior court of Chattooga County shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 79. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commis sioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 80. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warran ties to any person handling or using said personal property and the ultimate consumer, unless the contrary is expressly provided; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 81. By Messrs. Hull and Simkins of Richmond and Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act to revise, classify, consoli date and supersede laws relating to insurance, entitled the "Georgia Insurance Code", so as to delete the requirement of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.
Referred to the Committee on Insurance.
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HB 82. By Messrs. Knight and Lovett of Laurens:
A Bill to be entitled an Act to implement that amendment to Article VIII, Section V, Paragraph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 83. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend Code Section 56-2427, relating to forms for proof of loss to be furnished, so as to change the right of the insurer to require proof of loss; and for other purposes.
Referred to the Committee on Judiciary.
HB 84. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 40-84. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Fondren; and for other purposes.
Referred to the Committee on Appropriations.
HR 41-84. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 42-84. By Mr. Hall of Lee: A Resolution compensating the Lee County Board of Education; and for other purposes.
Referred to the Committee on Appropriations.
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121
HR 43-84. By Messrs. Harris and Smith of Glynn:
A Resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes.
Referred to the Committee on Highways.
HR 44-84. By Mr. Brooks of Fulton: A Resolution to compensate Minnie Ballard Mowry; and for other purposes.
Referred to the Committee on Appropriations.
HR 45-84. By Mr. Brooks of Fulton: A Resolution compensating- E. C. A. Forsberg; and for other purposes.
Referred to the Committee on Appropriations.
HR 46-84. By Mr. Overby of Hall: A Resolution compensating Lee Aikens; and for other purposes.
Referred to the Committee on Appropriations.
HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A Bill to be entitled an Act to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property aa pertains to certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Lee of Clinch, Hudgins of Chattahoochee, Laite of Bibb, Poss of Madison, Bedgood of Clarke and many others:
A Bill to be entitled an Act known as the "Minimum Foundation Pro gram of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes.
Referred to the Committee on Education.
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HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia and Lewis of Burke:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes.
Referred to the Committee on Judiciary.
HR 47-87. By Messrs. Smith of Emanuel, Nessmith of Bulloch, Johnson of War ren, White of Mclntosh, Lewis of Burke, Luke of Richmond, Kelly of Jasper, Ballard of Newton, Matthews of Clarke and Spillers of Newton:
A Resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States relating to apportionment of representation in any State legislature; and for other purposes.
Referred to the Committee on Rules.
HR 48-87. By Mr. Pope of Cherokee: A Resolution to repeal a Resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 49-87. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones; and for other purposes.
Referred to the Committee on Appropriations.
HB 88. By Messrs. Pickard, Brinkley and Jones of Muscogee and Steis of Harris:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired, class room teacher, receiving retirement benefits under said Act; and for other purposes.
Referred to the Committee on Education.
HB 89. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of
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123
process on foreign trustees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; and for other purposes.
Referred to the Committee on Judiciary.
HB 90. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee:
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 fix the fee of the Commissioner of Securities for accepting service of process as an agent for a person executing a consent to service of process under the pro visions of the Act; and for other purposes.
Referred to the Committee on Judiciary.
HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes.
Referred to the Committee on Judiciary.
HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon non-residents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes.
Referred to the Committee on Judiciary.
HB 93. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend Chapter 68-6 of the Code of Geor gia of 1933 concerning the regulation of "motor common carriers", so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor common carrier; and for other purposes.
Referred to the Committee on Judiciary.
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HB 94. By Messrs. Steis of Harris, Harris of DeKalb, and Jones and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Chapter 68-5 of the Code of Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for ac cepting service of process as an agent for a non-resident motor carrier; and for other purposes.
Referred to the Committee on Judiciary.
HB 95. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act authorizing certain foreign corporations, including banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes.
Referred to the Committee on Judiciary.
HB 96. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a show; and for other purposes.
Referred to the Committee on Judiciary.
HB 97. By Mr. Grahl of Peach:
A Bill to be entitled an Act to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 98. By Messrs. Jordan and Duncan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions from gross income so as to provide that Federal income taxes may be deducted from gross income; and for other purposes.
Referred to the Committee on Ways and Means.
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125
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HR 32-58. By Mr. Brown of Hart: A Resolution to compensate Mrs. Mack Suit; and for other purposes.
HB 59. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to authorize the ordinary of Rabun County upon recommendation of tax commissioner of Rabun County to addi tionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes.
HB 60. By Messrs. Bynum of Rabun, Barber of Jackson, Farrar of DeKalb, and Etheridge of Pulton:
A Bill to be entitled an Act to amend the "Aid to Dependent Children Act", so as to change the definition of the term "dependent child"; and for other purposes.
HB 61. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide for compensation for the Ordi nary of Rabun County and compensation for secretarial assistance to the Ordinary of Rabun County; and for other purposes.
HR 33-61. By Mr. Bynum of Rabun: A Resolution compensating Leilia Emory; and for other purposes.
HR 34-61. By Mr. Bynum of Rabun: A Resolution compensating Lula Emory; and for other purposes.
HR 35-61. By Mr. Bynum of Rabun: A Resolution compensating Mrs. Nelly Kelly; and for other purposes.
HB 62. By Mr. Dean of Polk:
A Bill to be entitled an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally
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disabled veterans who are residents of the State of Georgia; and for other purposes.
HB 63. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes.
HB 64. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to au thorize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes.
HB 65. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-618, relating to the licensing requirements for surplus line brokers, so as to increase the bond required of the broker; and for other purposes.
HB 66. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-803a, relating to licensing of and paying commissions to agents writing life and acci dent and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incor porated agency, assignment, or other means; and for other purposes.
HB 67. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the previous laws relating to insurance, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 56 of the Code of Georgia of 1933; and for other purposes.
HB 68. By Mr. Houston of Pierce:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes.
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127
HB 69. By Mr. Houston of Pierce:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Pierce County, known as the fee system; and for other purposes.
HB 70. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other pur poses.
HB 71. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend Code Section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain exceptions relative to vacancies occurring during 1965; and for other purposes.
The following communication from His Excellency, Governor Carl E. Sanders, was received and read:
THE GENERAL ASSEMBLY State Capitol Atlanta
January 18, 1965
Honorable Carl E. Sanders Governor State Capitol Atlanta, Georgia
Dear Governor Sanders:
This will acknowledge receipt of your letter of January 11, 1965, in which you furnish a list of the criminal cases in which you suspended the execution of the death sentence pursuant to the provisions of Article V, Section I, Paragraph XI of the Constitution (Annotated Code Sec tion 2-3011).
Your letter is being furnished to the Secretary of the Senate and the Clerk of the House of Representatives, each of whom have been
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instructed to include a copy thereof in the Journals of the two respec tive branches of the General Assembly.
With kindest personal regards and best wishes, we are
Sincerely yours,
Peter Zack Geer President of the Senate
Geo. T. Smith Speaker, House of Representatives
EXECUTIVE DEPARTMENT Atlanta
January 11, 1965
Honorable Peter Zack Geer President of the Senate
Honorable George T. Smith Speaker of the House
State Capitol Atlanta, Georgia
Gentlemen:
In compliance with Article V, Section I, Paragraph XI of the Con stitution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was sus pended by me:
State of Georgia v. Billy Ferguson: convicted of Murder in Doug las County, Georgia, and sentenced to death by electrocution on Feb ruary 7, 1964; sentence stayed for a period of thirty days on January 30, 1964, in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
State of Georgia v. Ernest Whippier: convicted of Murder in Bibb County, Georgia, and sentenced to death by electrocution on February 11, 1964; sentence stayed for a period of thirty days on February 4, 1964, in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
State of Georgia v. Ernest Whippier: convicted of Murder in Bibb County, Georgia, and sentenced to death by electrocution on March 31, 1964; sentence stayed for a period of thirty days on March 31, 1964, in order to permit an Executive Sanity Commission to examine Whippier and determine his sanity.
State of Georgia v. Edward Jackson: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on May 22, 1964; sentence stayed for a period of thirty days in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
TUESDAY, JANUARY 19, 1965
129
State of Georgia v. Edward Jackson: convicted of Murder in Ful ton County, Georgia, and sentenced to death by electrocution on July 7, 1964; sentence stayed for a period of thirty days in order to enable his attorney sufficient time within which to perfect and file the neces sary pleadings in order to prosecute an appeal of the decision of the Honorable Stonewall Dyer denying extraordinary motion for new trial.
State of Georgia v. Bernard Dye: convicted of Murder in McDuffie County, Georgia, and sntenced to death by electrocution on August 14, 1964; sentence stayed for a period of thirty days on August 7, 1964, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case.
With kindest personal regards to each of you, I am
: ,
Sincerely,
Carl Sanders Governor
CES/ag
Mr. Conner of Jeff Davis County, Chairman of the Committee on Insur ance, 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 67. Do Pass.
HB 64. Do Pass.
HB 66. Do Pass.
Respectfully submitted,
Conner of Jeff Davis, Chairman.
Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
130 Mr. Speaker:
JOURNAL OP THE HOUSE,
Your Committee on Judiciary has had under consideration the following Bill and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 9-2, Do Pass.
HB 71, Do Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.
Mr. Harris of DeKalb County, Vice-Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 6, Do Pass as Amended.
Respectfully submitted,
Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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.
TUESDAY, JANUARY 19, 1965
131
HR 21-27. Do Pass. HB 3. Do Pass. HB 4. Do Pass. HB 7. Do Pass. HB 8. Do Pass. HB 9. Do Pass. HB 17. Do Pass. HB 18. Do Pass. HB 19. Do Pass. HB 10. Do Pass. HB 20. Do Pass. HB 21. Do Pass. HB 26. Do Pass. HB 27. Do Pass. HB 28. Do Pass. HB 31. Do Pass. HB 32. Do Pass. HB 33. Do Pass. HB 35. Do Pass. HB 37. Do Pass. HB 38. Do Pass. HB 39. Do Pass. HB 40. Do Pass. HB 46. Do Pass.
HB 49. Do Pass.
Respectfully submitted,
Tucker of Catoosa, Chairman.
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Mr. Chandler of Baldwin County, Chairman of the Committee on State Insti tutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion 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 recommenda tions :
HB 15. Do Pass. HR 11-8. Do Pass.
Respectfully submitted,
Chandler of Baldwin, 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 resolution of the House to wit:
HR 38. By Messrs. Smith of Grady, Bolton of Spalding, Busbee, Odom, Hutchinson of Dougherty, Hale of Dade and many others:
A Resolution expressing regrets at the passing of Master Donald Alien Webb; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 3. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Quitman County, so as to provide for the election of commissioners from the county at large, to provide
TUESDAY, JANUARY 19, 1965
133
that the Ordinary fill vacancies occurring on the Board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 4. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to amend an Act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and councilmen, to number posts on the 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 7. By Mr. Smith of Telfair:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Telfair County, to provide in lieu thereof an annual salary; and for other purposes.
The report 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 receved the requisite constitutional majority, was passed.
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HB 8. By Mr. Smith of Telfair:
A Bill to be entitled an Act to amend an Act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner of Telfair County and placing the commissioner upon an annual salary, so as to limit the compensation of the tax com missioner to his annual salary payable from the county funds; and for other purposes.
The report 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 9. By Mr. Smith of Camden:
A Bill to be entitled an Act to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation, to pro vide for travel expenses, and procdure 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 10. By Mr. McRae of Talbot:
A Bill to be entitled an Act to change the compensation of the sheriff of Talbot 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, JANUARY 19, 1965
135
HB 17. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Wheeler County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes.
The report 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 18. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to establish and maintain a law library for the use of the judges, solicitors and other court officials of any such county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 19. By Mr. Coker of Turner: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Turner County, to provide in lieu thereof an annual salary; and for other purposes.
The report 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 20. By Mr. Knight of Berrien:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Berrien County, known as the fee system, to provide the procedure 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 120, nays 0.
., .The Bill, having received the requisite constitutional majority, was passed.
HB 21. By Mr. Woodward of Butts:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen within certain limita tions; and for other purposes.
The report 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 26. By Mr. Hall of Lee:
A Bill to be entitled an Act to amend an Act providing for a charter for the City of Smithville, so as to provide the time and manner of the registration of voters to vote in elections; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, JANUARY 19, 1965
137
HB 27. By Mr. Evans of McDuffie:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the Coroner of McDuffie 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 28. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick; and for other purposes.
The report 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 31. By Messrs. Dean and Moore of Polk:
A Bill to be entitled an Act to create the Rockmart Development Au thority; and for other purposes.
The report 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 32. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the City council shall be elected by a majority vote, to pro vide the procedures 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 33. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws 1920, creating a charter for the city of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 35. By Mr. Smith of Lamar:
A Bill to be entitled an Act to provide that the Sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, JANUARY 19, 1965
139
HB 37. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide that any person holding office under the City of LaGrange shall not be capable of contracting with the City unless such contract is the result of bona fide competitive bidding; and for other purposes.
The report 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 38. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to provide for a tax increase for the years 1965 and 1966; and for other purposes.
The report 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 39. By Messrs. Ware and Spikes of Troup: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the City of LaGrange to provide group insurance for its employees and to provide for the pay ment of the premiums thereon; and for other purposes.
The report 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 40. By Messrs. Lee and Gary of Clayton:
A Bill to be entitled an Act to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 46. By Mr. Savage of Macon:
A Bill to be entitled an Act providing a Charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes.
The report 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 49. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to place the sheriff of Habersham County upon an annual salary; and for other purposes.
The report 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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141
The following communications were received and read:
THE GENERAL ASSEMBLY State Capitol Atlanta
January 18, 1965
Honorable George T. Smith Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 15, 1965, at 10:00 O'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 7th Congressional District was elected. This is to advise that Honorable N. N. Burnes, Jr., Ployd County, was elected
to succeed himself.
Respectfully submitted,
ALBERT F. MOORE Senator, 31st District Chairman 7th Congressional District Caucus
VIRGIL T. SMITH Representative, Whitfield County Secretary 7th Congressional District Caucus
THE GENERAL ASSEMBLY State Capitol Atlanta
January 18, 1965
Honorable George T. Smith Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga.
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Laws 1963, p. 3), a caucus was held on January 18, 1965, at 10:00 O'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 8th Congressional District was elected. This is to advise that Honorable E. J. Gayner, III, Glynn County, was elected to succeed himself.
Respectfully submitted,
ROBERT A. ROWAN Senator, 8th District Chairman 8th Congressional District Caucus
E. B. SMITH, JR. Representative, Telfair County Secretary 8th Congressional District Caucus
THE GENERAL ASSEMBLY State Capitol Atlanta
January 18, 1965
TO: HONORABLE BEN W. PORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable N. N. Burnes, Jr., has been elected pursuant to the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Highway Board from the 7th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning on April 16, 1965, and expiring April 15, 1970.
This 18th day of January, 1965.
PETER ZACK GEER President of the Senate
GEO. T. SMITH Speaker, House of Representatives
THE GENERAL ASSEMBLY State Capitol Atlanta
January 18, 1965
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable E. J. Gayner, III, has been elected pursuant to the provisions of the Act reorganizing the State Highway
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143
Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Highway Board from the 8th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning on April 16, 1965, and expiring April 15, 1970.
This 18th day of January, 1965.
PETER ZACK GEER President of the Senate
GEO. T. SMITH Speaker, House of Representatives
The following Resolutions of the House were read and adopted:
HR 71. By Messrs. Smith of Emanuel, Parker of Screven, and others:
A RESOLUTION
Expressing regrets at the passing of Honorable J. H. Spell of Emanuel County; and for other purposes.
WHEREAS, Honorable J. H. Spell departed this life on the 17th day of January, 1965; and
WHEREAS, Mr. Spell was the father of Mrs. Edna Newton, the wife of Honorable A. S. Newton, the distinguished Representative from Jenkins County; and
WHEREAS, Mr. Spell at the time of his death was employed by the State Highway Department and was a devoted public servant; and
WHEREAS, he was active in the civic, fraternal and religious af fairs of the community in which he resided; and
WHEREAS, his passing is a great loss to said community and to the State of Georgia; and
WHEREAS, this body mourns the passing of this distinguished Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable J. H. Spell and the sincerest sympathy of all the members of this body is hereby extended to the members of his family and in particular to Honorable and Mrs. A. S. Newton.
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 place a copy of this Resolution in the Journal of the
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House of Representatives and cause an appropriate copy of this Reso lution to be forwarded to Honorable and Mrs. A. S. Newton.
HR 72. By Mr. Lambert of Morgan:
A RESOLUTION
Commending Corporal A. H. Hopkins and Trooper J. L. Hawkins of the Georgia State Patrol; and for other purposes.
WHEREAS, Corporal A. H. Hopkins and Trooper J. L. Hawkins of the Georgia State Patrol, Post No. 8, Madison, Georgia constructed a number of most attractive and useful kitchen cabinets for the State Patrol barracks at Madison; and
WHEREAS, the Department of Public Safety purchased the nec essary material for such cabinets and Corporal Hopkins and Trooper Hawkins devoted many hours of their off-duty time in order to com plete this most worthwhile project; and
WHEREAS, the State of Georgia also saved a considerable amount of money due to the devotion of these outstanding members of the State Patrol and their work exemplifies the caliber of the men making tip the State Patrol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Corporal A. H. Hopkins and Trooper J. L. Hawkins are hereby commended for their outstanding work as aforesaid, and the members of this body hereby extend sincerest con gratulations to these two outstanding members of the Georgia State Patrol for their unselfish devotion to their jobs.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to Corporal Hopkins and Trooper Hawkins.
HR 73. By Mr. Murphy of Haralson:
A RESOLUTION
Relative to the members of the Greater Atlanta Jaycees challenging the members of the General Assembly to a basketball game; and for other purposes.
WHEREAS, during the first ten days of the 1965 Regular Session of the General Assembly the corridors and by-ways have been filled with the reapportionment and budgetary problems, but there still lingers in the air a certain nostalgic odor of violets and hearts; and
TUESDAY, JANUARY 19, 1965
145
WHEREAS, there have always been some misgivings on the part of the citizens and taxpayers of the State of Georgia as to the volume and the work accomplished by their elective officials; and
WHEREAS, there still remains a big problem in the great State of Georgia of finding suitable cures and treatment for the dreaded killer heart disease; and
WHEREAS, a challenge has been issued by the following Greater Atlanta Jaycee Clubs:
4th Region 1. Acworth 2. Smyrna 3. Marietta 4. Tucker 5. Atlanta 6. North DeKalb 7. Northside Atlanta 8. Sandy Springs 9. Alpharetta
10. Kennesaw 11. Roswell 12. South Cobb
5th Region 1. Ben Hill 2. College Park 3. DeKalb County 4. East DeKalb 5. East Point 6. Fayette County 7. Forest Park 8. Glenwood 9. Hapeville 10. Jonesboro 11. Lakewood 12. Riverdale 13. Rockdale County 14. Southeast Atlanta 15. South Fulton 16. West End 17. West Fulton
to the Georgia General Assembly to show that they are in shape, that they have the stamina and ability to hold their own whether it be on the rostrum, the campaign trail or the hardwood basketball court; and
WHEREAS, the House of Representatives and Senate of the State of Georgia by unanimous vote of both Houses without a quivering vote do hereby accept said challenge; and
WHEREAS, arrangements have been made to satisfy said challenge in a basketball game between the members of the Greater Atlanta Jaycees and members of the General Assembly to take place at the Alexander Memorial Coliseum at Georgia Tech, Thursday night, January 21, 1965, at 8:00 o'clock p.m.; and
WHEREAS, many political stalwarts have already established their fame on the hardwood floor of said Coliseum as well as the halls of the General Assembly under the gold dome of the Capitol, all to the con tinuing respect of the citizens and taxpayers of Georgia; and
WHEREAS, these stalwarts include Stone Mountain Hill, Slimy Joe Salome, Goldwater Adams, Sig Gayner, Speedy Spinks, Purina Webb, Bicycle Coggins, and Two-point Kidd from the Senate along with Bat tling Knight, Bucket Carter, School Bus Etheridge, Let Me Shoot Mur phy, Bring Me a Lot Bagby, Gilbralter Pafford, Air Pump Poss, Slugger Moore, and Hang Around Fulford; and
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WHEREAS, the secret weapon of the General Assembly will be the lovely Representative from Sumter County, Mrs. Janet S. Merritt, who will only enter the game at the time of crisis only.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Greater Atlanta Jaycees and the members of the General Assembly of Georgia shall par ticipate in a basketball game at the Alexander Memorial Coliseum at Georgia Tech, Thursday night, January 21, 1965, at 8:00 o'clock p.m.
BE IT FURTHER RESOLVED that all proceeds from this game over and above funds necessary for the hospital expenses of playing members will go to the Georgia Heart Association. Dr. Venable of the Health Department and the head of the Atlanta Medical Association in cooperation with the Georgia Heart Association are directed to make available at all times during said ballgame, oxygen tanks, nitroglycerin tablets, cold beer and young girls with cold towels to insure that said gladiators' blood pressure, no matter how heated the battle might be,
both on and off the court, can continue the contest to the finish.
BE IT FURTHER RESOLVED that the Georgia General Assem bly will be allowed unlimited substitution and unlimited fouls. On the other hand, the Greater Atlanta Jaycees will be allowed one foul and one substitution each quarter. Only tennis shoes will be acceptable, no spike shoes or bare feet. No protective undergarments of any nature can be worn by any participant such as girdles, corsets or worn out innertubes. A true front must be shown at all times by all participants.
BE IT FURTHER RESOLVED that all female employees of the State Capitol or its surrounding buildings between the ages of 15 and 65 will have to be on hand and participate either as cheerleaders or nurses. No excuses accepted, any failure to comply must be reported immediately to the State Auditor, Honorable Ernest Davis, and said person shall be compelled to donate one week's pay to the Georgia Heart Association. Any department head not complying and cooperating with the Resolution will be subject to said payment from his own salary.
BE IT FURTHER RESOLVED that four, ten minute quarters will be played. At the end of this time the winner will be declared and due homage will be paid by the defeated team.
BE IT FURTHER RESOLVED that waterboys, ammonia carriers and other needed propellants will have to be furnished by the respective teams.
BE IT FURTHER RESOLVED that all movies and story rights of this historic encounter will belong to the Georgia Heart Association.
BE IT FURTHER RESOLVED that score keepers will be fur nished by the Georgia Tech Athletic Association and members of the Highway Patrol, GBI and the Atlanta Police will be standing by to see that said score is kept accurately, securely and fairly. Since there has
TUESDAY, JANUARY 19, 1965
147
been some feeling throughout Georgia that the members of the General Assembly do not earn their keep, every taxpayer is earnestly requested to be present and watch said members "sweat".
BE IT FURTHER RESOLVED that it is urgently requested that this Resolution upon its passage by the members of the Senate be trans ported immediately to the Speaker of the House with brass knucks, tommy guns, black jacks and other deadly weapons which will show the feeling in which this Resolution has been drawn and will be carried out.
HR 74. By Messrs. Rowland of Johnson, Fulford of Terrell, and others:
A RESOLUTION
Wishing a speedy recovery to the Honorable H. Goodwin Hall of Lee County; and for other purposes.
WHEREAS, the Honorable H. Goodwin Hall, distinguished repre sentative from Lee County is ill; and during his absence from the Gen eral Assembly his vast and astute knowledge of the legislative processes will be sorely missed by his fellow members of this Body; and
WHEREAS, the Honorable H. Goodwin Hall is entering into his Fifth term of service; and during his tenure of office the Gentleman from Lee has shown himself as a true statesman; one who is thoroughly human, who affects no dignity, and who is endowed with real ability, genuine worth, and sterling honesty--all dedicated to secure the best interests of the people he has loved and served so well; and
WHEREAS, during the absence of Honorable H. Goodwin Hall, the people of Lee County who have never failed to express their confi dence in his ability, his judgment, and his integrity, will join the mem bers of this Body in looking forward to his return to service in the Chamber of the House.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its wishes for a rapid recovery and return to our midst of the distinguished rep resentative from Lee County, Honorable H. Goodwin Hall.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the Honorable H. Goodwin Hall, Repre sentative, Lee County.
HR 75. By Messrs. Conger and Dollar of Decatur, Jessup of Bleckley and many others:
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A RESOLUTION
Expressing regrets at the passing of Hubert Carlyle Cloud; and for other purposes.
WHEREAS, on January 17, 1965, the Honorable Hubert Carlyle Cloud, a lifelong resident of Decatur County, passed away; and
Whereas, during this outstanding citizen's long and eventful life he became an outstanding leader of the civic, business and religious community; and
WHEREAS, from 1953 through 1958, Hubert Carlyle Cloud served with distinction as one of the able representatives representing Decatur County in the Georgia House of Representatives; and
WHEREAS, due to the untimely death of this distinguished gentle man, the many and varied contributions which this fine man has made to his community and State will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its most heartfelt regrets at the passing of the Honorable Hubert Carlyle Cloud and does hereby extend to the members of his family and his many friends its deepest condolences at their tragic loss.
BE IT FURTHER RESOLVED that the clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this resolution to Eleanor Folds Cloud, the widow of the late Hubert Carlyle Cloud.
HR 76. By Messrs. Walker of Lowndes, Smith of Grady, and others:
A RESOLUTION
Expressing regret at the passing of the Honorable W. J. Gibbons; and for other purposes.
WHEREAS, on January 13, 1965, the distinguished and able rep resentative from Lowndes County, the Honorable W. J. Gibbons, suf fered a sudden stroke and passed away at his home, after attending three days of the current session of the General Assembly; and
WHEREAS, this sudden and unexpected tragic loss has left this body stunned and shaken at the personal loss which each and every member of the House feels with the passing of this most personable and able legislator; and
WHEREAS, as the realization of this great loss to the members of this body becomes more acute, our thoughts turn to the family of this great man and our hearts go out to the lovely wife of our late
TUESDAY, JANUARY 19, 1965
149
companion and to his two fine children, and we wish to express to them our sincerest and deepest sympathy at their great loss.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its most heartfelt and deepest sympathy to the immediate family of the late W. J. Gibbons, the representative from Lowndes County; and con dolences are hereby extended to the many friends and associates of this outstanding and distinguished citizen of the State of Georgia.
BE IT FURTHER RESOLVED that the clerk of the House of Rep resentatives is hereby authorized and directed to transmit a copy of this resolution to Mrs. W. J. Gibbons, the wife of the late representative from Lowndes County.
HR 22. By Messrs. Hull of Richmond, Caldwell of Upson, Conger of Decatur, Brooks of Fulton, Lambert of Morgan, Jones of Liberty, Jones of Muscogee:
A RESOLUTION
Creating a committee to study the laws relating to the rules of civil and criminal procedure; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives is authorized to ap point a committee to be composed of not more than 8 members of the House of Representatives for the purpose of studying, amending and revising the present laws of this State in regard to the rules of civil and criminal procedure. The committee is authorized to hold hearings and to study all matters relative to the aforesaid purposes. The com mittee is authorized to employ not more than 3 persons who are skilled in legislative drafting and who are experts in the field of civil and criminal procedure, both state and federal. The committee is further authorized to employ a clerical assistant who shall assist the committee in their study. The committee is authorized to continue its deliberations, functions and duties during that period in which the General Assembly is in recess for the purpose of allowing the Appropriations Committee of the House of Representatives to study the General Appropriations Bill. The members of the committee shall not receive any additional compensation, per diem, expenses or allowances while the committee is functioning during the period in which the General Assembly is in regular session. However, the members of the committee during said recess shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees, plus mileage for not more than 2 round trips to and from their home and the State Capitol. Their expenses during said recess shall not exceed $30.00 per day. The personnel authorized to be employed by the committee shall receive such compensation as shall be fixed by the committee which, however, shall not exceed that compensation received by the legislative members of the committee. The funds necessary for the purposes of this resolution shall come from the funds appropriated for and available to the legislative branch of the government. The com-
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mittee shall stand abolished at the adjournment of the regular 1965 Session of the General Assembly.
The Speaker appointed the following members:
Messrs. Conger of Decatur, Jones of Liberty, Walker of Lowndes, Lambert of Morgan, Jones of Muscogee, Bynum of Rabun, Hull of Rich mond and Caldwell of Upson.
Under the General Order of Business, the following Bill of the House was taken up for consideration and read the third time:
HB 36. By Messrs. Mixon of Irwin, Alien of Tift and others: A Bill to be entitled an Act to change the terms of the Superior Court 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Arnsdorff Bagby Balkcom Beck Black Blair Bowen, J. O. Branch Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T.
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans
Farrar Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin
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151
Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie Melton Merritt Minge Mixon Moate Moore, Don C.
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Sewell Shea Simkins Simmons Singer
Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker, F. H. Ware Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Ballard Barber Bedgood Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Chandler Conger Doster Etheridge
Floyd Gibbons Hall Hull Jones, C. M. Jones, F. C. Jordan, W. H. Lambert Leonard Lewis, E. B. McClelland McRae Milhollin Mitchell
Moore, J. H. Newton, A. S. Peterson Pickard Rainey Rhodes Rodgers, H. B. Savage Shuman Simpson Smith, G. L. II Thomason Watson Mr. Speaker
On the passage of the Bill, the ayes were 163, nays 0.
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The Bill, having received the requisite constitutional majority, was passed.
Messrs. Pafford of Lanier and Matthews of Colquitt arose on a point of personal privilege and addressed the House.
Mr. Conner of Jeff Davis presented Mr. Eddie Glennen, Manager, Atlanta Crackers Baseball Club, who briefly addressed the House.
Mr. Bolton of Spalding moved that this House do now adjourn until 12:30 o'clock p.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 12:30 o'clock p.m. to morrow.
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153
Representative Hall, Atlanta, Georgia Wednesday, January 20, 1965
The House met pursuant to adjournment at 12:30 o'clock p.m., this day and was called to order by the Speaker.
Prayer was offered by Rev. Rudolph Starling, Pastor, Webster County Methodist Churches, Preston, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
Mr. Bolton of Spalding asked unanimous consent that the House suspend the Rules in order that all compensation Resolutions could be read for the first time today.
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By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 99. By Messrs. Bolton of Spalding, Clarke of Monroe and Carr of Wash ington :
A Bill to be entitled an Act to prohibit certain activities of legislators, and officers and employees of the legislative, judicial and executive branches of the State government and to regulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal business or professional interests; and for other purposes.
Referred to the Committee on Rules.
HR 51-99. By Messrs. Bolton and Melton of Spalding: A Resolution to compensate William Marvin Tarleton; and for other purposes.
Referred to the Committee on Appropriations.
HR 52-99. By Messrs. Bolton and Melton of Spalding:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes.
Referred to the Committee on Appropriations.
HR 53-99. By Messrs. Vaughan and Harris of Bartow: A Resolution to compensate Frank C. Dysart; and for other purposes.
Referred to the Committee on Appropriations.
HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur: A Bill to be entitled an Act to provide for the terms of the Superior Court of Grady County; and for other purposes.
Referred to the Committee on Rules.
HB 101. By Mr. Wright of Wilkes: A Bill to be entitled an Act to amend an Act abolishing the offices of
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155
tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the pro visions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes.
Referred to the Committee on Local Affairs.
HR 54-101. By Mr. Laite of Bibb: A Resolution to compensate Mr. Henry W. Durden; and for other purposes.
Referred to the Committee on Appropriations.
HR 55-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Guyton E. Goode and Mrs. Guyton E. Goode; and for other purposes.
Referred to the Committee on Appropriations.
HB 102. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes.
Referred to the Committee on State of Republic.
HB 103. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Chapter 92-31 of Part IX, Div. I, of Title 92 of the Code of Ga. of 1933, relating to the imposition, rate and computation of the income tax and the exemptions therefrom, to repeal Sections 92-3113, 92-3114, 92-3115 and 92-3116, relating to the apportionment and allocation of income; and for other purposes.
Referred to the Committee on Ways and Means.
HB 104. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Ga. of 1933 relating to payment, deficiencies, assessments and collec-
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tion of the income tax, so as to clarify Section 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Fed eral Internal Revenue Service; and for other purposes.
Referred to the Committee on Ways and Means.
HB 105. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions in computing net income for income tax purposes, so as to authorize for small business an additional first year depreciation allow ance as defined in Section 179 of the U.S. Internal Revenue Code of 1954 as amended; and for other purposes.
Referred to the Committee on Ways and Means.
HB 106. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million ($10,000,000.00) dollars out standing at any one time; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 107. By Mr. Steis of Harris: A Bill to be entitled an Act to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 56-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 5, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
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157
HR 57-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 25, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, Inc. for the equipment of the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means:
HR 58-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated April 30, 1964, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal In ternal Revenue Code of 1954 on returns of income for certain taxable years until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HB 108. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 109. By Mr. Hudgins of Chattahoochee:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Chattahoochee County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 110. 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 provide for arbitration of assess ments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; and for other purposes.
Referred to the Committee on Local Affairs.
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HB HI. By Messrs. Williams and Overby of Hall:
A Bill to be entitled an Act to amend Code Section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chairman of the board shall be elected for such term as shall be determined by the board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 112. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act approved Feb. 19, 1937 (Ga. L. 1937, p. 627), as amended, so as to provide for additional grounds and causes for the revocation or suspension of licenses to engage in the practice of dentistry in the State of Georgia after due notice and hearing by the Board of Dental Examiners of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 59-112. By Mr. McClelland of Fulton: A Resolution to compensate Mrs. Thomas B. Jones; and for other pur poses.
Referred to the Committee on Appropriations.
HR 60-112. By Mr. Williams and Overby of Hall: A Resolution to compensate Charles Watson; and for other purposes.
Referred to the Committee on Appropriations.
HR 61-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Donald H. Shedd, Sr.; and for other pur poses.
Referred to the Committee on Appropriations.
HR 62-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Howard Worley; and for other purposes.
Referred to the Committee on Appropriations.
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159
HR 63-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Talmadge Pless; and for other purposes.
Referred to the Committee on Appropriations.
HR 64-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Loyt Vaughan; and for other purposes.
Referred to the Committee on Appropriations.
HR 65-112. By Mr. Perry of Marion: A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Marion County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HB 113. By Messrs. Bowen of Dooly, Shuman of Bryan, Mauney of White, Jessup of Bleckley, Underwood of Taylor, Lane of Bulloch, Doster of Wilcox, Perry of Marion and Hudgins of Chattahoochee:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that periodical inspection shall apply only to 1963 or later model vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 114. By Mr. Coker of Turner:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said Mayor and Council, within prescribed limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 115. By Messrs. Smith of Lamar, Jessup of Bleckley, Beck of Twiggs, Lewis of Wilkinson, Perry of Marion, Stalnaker of Houston, Underwood of Taylor, Grahl of Peach, Hudgins of Chattahoochee and others:
A Bill to be entitled an Act to repeal the act known as "Inspection of Motor Vehicles, Etc.", which was approved on April 3, 1963, and which appears at pages 333 to 339, inclusive, in the Acts of the General
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Assembly of the State of Georgia for the year 1963; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White:
A Bill to be entitled an Act to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 117. By Messrs. Caldwell and Page 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 of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.
HR 66-117. By Messrs. Melton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Bolton of Spalding, Moore of Polk and others:
A Resolution declaring classroom teachers in Georgia in public and private elementary and high schools, colleges and universities to be professional people; declaring certificated personnel including librar ians, visiting teachers, teaching supervisors, principals, and all other certificated personnel employed in the public and private elementary and high schools, colleges and universities of Georgia to be professional people; and for other purposes.
Referred to the Committee on Education.
HR 67-117. By Mr. Arnsdorff of Effingham:
A Resolution compensating Mr. Odis E. Bevill; and for other purposes.
Referred to the Committee on Appropriations.
HR 68-117. By Mr. Caldwell of Upson: A Resolution compensating Jack Donald Grogan; and for other pur poses.
Referred to the Committee on Appropriations.
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161
HR 69-117. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle; and for other purposes.
Referred to the Committee on Appropriations.
HR 70-117. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton; and for other purposes.
Referred to the Committee on Appropriations.
HB 118. By Mr. Lewis of Burke: A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 119. By Mr. Black of Webster: A Bill to be entitled an Act to place the sheriff of Webster County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 120. By Mr. Lee of Clinch:
A Bill to be entitled an Act to amend Code Chapter 46-4 relating to dissolution, claims and judgment in garnishment cases, so as to change the provisions relating to default judgments for failure to answer summons of garnishment; and for other purposes.
Referred to the Committee on Judiciary.
HR 77-120. By Mr. Bagby of Paulding: A Resolution to compensate Mr. H. C. Holland; and for other purposes.
Referred to the Committee on Appropriations.
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HR 78-120. By Mr. Bagby of Paulding:
A Resolution to compensate Mrs. Emma C. Couch; and for other pur poses.
Referred to the Committee on Appropriations.
HR 79-120. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess; and for other purposes.
Referred to the Committee on Appropriations.
HR 80-120. By Mr. Abney of Walker: A Resolution to compensate Mr. Paul E. Phillips; and for other pur poses.
Referred to the Committee on Appropriations.
HB 121. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes.
Referred to the Committee on Local Affairs.
HR 81-121. By Mr. Blair of Sumter: A Resolution compensating Jack Murr; and for other purposes.
Referred to the Committee on Appropriations.
HR 82-121. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan; and for other purposes.
Referred to the Committee on Appropriations.
HR 83-121. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts; and for other purposes.
Referred to the Committee on Appropriations.
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163
HR 84-121. By Mr. Tucker of Henry: A Resolution compensating Mr. T. W. Craig; and for other purposes.
Referred to the Committee on Appropriations.
HR 85-121. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry; and for other purposes.
Referred to the Committee on Appropriations.
HR 86-121. By Mr. Matthews of Clarke: A Resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes.
Referred to the Committee on Appropriations.
HR 87-121. By Mr. Duncan of Fannin: A Resolution compensating Mrs. Venta Lee Ray; and for other purposes
Referred to the Committee on Appropriations.
HR 88-121. By Mr. Duncan of Fannin: A Resolution compensating David 0. Ray; and for other purposes.
Referred to the Committee on Appropriations.
HB 122. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court and the Ordinary of Elbert County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court and the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 123. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert", so as to
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prescribe the duties of the chairman of the board; and for other pur poses.
Referred to the Committee on Local Affairs.
HR 89-123. By Mr. Etheridge of Fulton: A Resolution compensating Edward F. Graham; and for other purposes.
Referred to the Committee on Appropriations.
HR 90-123. By Mr. Etheridge of Fulton: A Resolution to compensate Ryder Truck Rental, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 91-123. By Mr. Looper of Dawson: A Resolution to compensate Wilma C. Hill; and for other purposes.
Referred to the Committee on Appropriations.
HR 92-123. By Mr. Looper of Dawson: A Resolution to compensate Charles N. Kinnard; and for other pur poses.
Referred to the Committee on Appropriations,
HR 93-123. By Mr. Looper of Dawson: A Resolution to compensate Eulalie Phillips; and for other purposes.
Referred to the Committee on Appropriations.
HR 94-123. By Messrs. Mitchell and Smith of Whitfield: A Resolution to compensate Dwight M. Beaty, Jr.; and for other
purposes.
Referred to the Committee on Appropriations.
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165
HR 95-123. By Mr. Vaughan of Bartow: A Resolution to compensate Jet Stewart; 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 72. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.
HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, Luke of Richmond, Hudgins of Chattahoochee, Fulford of Terrell, Herndon of Appling, Jessup of Bleckley, Holder of Dodge and many others:
A Bill to be entitled an Act to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspection fee; and for other purposes.
HB 74. By Mr. Davis of Heard:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes.
HB 75. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act 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 76. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the sheriff shall not receive any compensation for services as ex-officio sheriff of the City Court of Chattooga County; and for other purposes.
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HB 77. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County; and for other purposes.
HB 78. By Mr. Ployd of Chattooga:
A Bill to be entitled an Act placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the clerk of the superior court of Chattooga County shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes.
HB 79. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commis sioner; and for other purposes.
HB 80. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warran ties to any person handling or using said personal property and the ultimate consumer, unless the contrary is expressly provided; and for other purposes.
HB 81. By Messrs. Hull and Simkins of Richmond and Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act to revise, classify, con solidate and supersede laws relating to insurance, entitled the "Geor gia Insurance Code", so as to delete the requirement of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital; and for other purposes.
HB 82. By Messrs. Knight and Lovett of Laurens:
A Bill to be entitled an Act to implement that amendment to Article VIII, Section V, Paragraph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes.
HB 83. By Mr. Overby of Hall: A Bill to be entitled an Act to amend Code Section 56-2427, relating
WEDNESDAY, JANUARY 20, 1965
167
to forms for proof of loss to be furnished, so as to change the right of the insurer to require proof of loss; and for other purposes.
HB 84. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes.
HR 40-84. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Fondren; and for other purposes.
HR 41-84. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc.; and for other purposes.
HR 42-84. By Mr. Hall of Lee:
A Resolution compensating the Lee County Board of Education; and for other purposes.
HR 43-84. By Messrs. Harris and Smith of Glynn:
A Resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes.
HR 44-84. By Mr. Brooks of Fulton:
A Resolution to compensate Minnie Ballard Mowry; and for other pur poses.
HR 45-84. By Mr. Brooks of Fulton: A Resolution compensating E. C. A. Forsberg; and for other purposes.
HR 46-84. By Mr. Overby of Hall: A Resolution compensating Lee Aikens; and for other purposes.
HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A Bill to be entitled an Act to amend Code Section 91-8 pertaining to
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Inventory and Public Sale of Property as pertains to certain counties; and for other purposes.
HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Lee of Clinch, Hudgins of Chattahoochee, Laite of Bibb, Poss of Madison, Bedgood of Clarke and many others:
A Bill to be entitled an Act known as the "Minimum Foundation Pro gram of Education Act", so as to change the provisions for establish ing the basis for a minimum schedule of salaries; and for other pur poses.
HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia and Lewis of Burke:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes.
HR 47-87. By Messrs. Smith of Emanuel Nessmith of Bulloch, Johnson of Warren, White of Mclntosh, Lewis of Burke, Luke of Richmond, Kelly of Jasper, Ballard of Newton, Matthews of Clarke and Spillers of Newton:
A Resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States relating to apportionment of representation in any State legislature; and for other purposes.
HR 48-87. By Mr. Pope of Cherokee:
A Resolution to repeal a Resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other pur poses.
HR 49-87. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones; and for other purposes.
HB 88. By Messrs. Pickard, Brinkley and Jones of Muscogee and Steis of Harris:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired, classroom teacher, receiving retirement benefits under said Act; and for other purposes.
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169
HB 89. By Messrs. Steis of Harris, Haris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process on foreign trustees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; and for other purposes.
HB 90. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee:
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 fix the fee of the Commissioner of Securities for accepting service of process as an agent for a person executing a consent to service of process under the pro visions of the Act; and for other purposes.
HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes.
HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon non-residents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes.
HB 93. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend Chapter 68-6 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers", so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor common carrier; and for other purposes.
HB 94. By Messrs. Steis of Harris, Harris of DeKalb, and Jones and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Chapter 68-5 of the Code of
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Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for ac cepting service of process as an agent for a non-resident motor carrier; and for other purposes.
HB 95. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act authorizing certain foreign corporations, including banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes.
HB 96. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a show; and for other purposes.
HB 97. By Mr. Grahl of Peach:
A Bill to be entitled an Act to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 98. By Messrs. Jordan and Duncan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions from gross income so as to provide that Federal income taxes may be deducted from gross income; and for other purposes.
Mr. Newton of Colquitt County, Chairman of the Committee on Agricul ture, 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:
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171
HB 16. Do Pass.
Respectfully submitted,
Newton of Colquitt, 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 86. Do Pass.
Respectfully submitted,
Melton of Spalding, 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 63. Do Pass as Amended. Respectfully submitted, Conner of Jeff Davis, Chairman.
Mr. Harris of DeKalb County, Vice-Chairman of the Committee on Judiciary, submitted the following report:
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JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 89. Do Pass. HB 90. Do Pass. HB 91. Do Pass. HB 92. Do Pass. HB 93. Do Pass. HB 94. Do Pass. HB 95. Do Pass. HB 96. Do Pass.
Respectfully submitted,
Harris of DeKalb, Vice-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 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,
Busbee of Dougherty, Chairman.
Mr. Tucker of Catoosa 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
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173
Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 59. Do Pass. HB 61. Do Pass. HB 68. Do Pass. HB 69. Do Pass. HB 54. Do Pass.
Respectfully submitted,
Tucker of Catoosa, 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 has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 39. Do Pass. HR 50. Do Pass. HR 47-87. Do Pass. HB 50. Do Pass. HB 100. Do Pass.
Respectfully submitted,
Carr of Washington, Secretary.
Messrs. Bolton of Spalding and Lovett of Laurens arose on a point of per sonal privilege and addressed the House.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
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HB 54. By Mr. Davis of Heard:
A Bill to be entitled an Act to place the sheriff of Heard 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 70. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act abolishing the justice of the peace courts in 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Busbee of Dougherty moved that HB 70 be immediately transmitted to the Senate and the motion prevailed.
HB 70 was ordered immediately transmitted to the Senate.
HR 21-27. By Messrs. Jordan, McDaniell and Duncan of Cobb:
A RESOLUTION
Proposing an amendment to the constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the terri torial limits of Cobb County, without the approval of the voters of Cobb County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
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175
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"No territory located within the boundaries of Cobb County shall be incorporated within the limits of any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question."
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 prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County.
"Against ratification of amendment to the Constitution so as to prohibit the incorporation of any territory withi nthe limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb 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.
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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 Acree Alien Anderson
Arnsdorff Bagby Balkcom Ballard Beck Bedgood Black Blair Bolton Bowen, J. 0. Brackin Branch Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Coker, R. Collins, M. Colwell, C. Conner Crowe D ailey Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Floyd Flynt Fulford Gary Grahl
Griffin Griffis Harrell Harris, J. F. Harris, J. R. Henderson Herndon Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C.
Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Reaves Reid Richardson Roberts Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Simkins Simpson Singer Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
WEDNESDAY, JANUARY 20, 1965
177
Vaughn, C. R. Vaughan, D. N. Walker Ware
Watkins Wells White Wiggins
Williams, G. J. Wilson Woodward Wright
Voting in the negative was Mr. Dickinson.
Those not voting were Messrs.:
Barber Blalock Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Clarke, H. G. Coker, G., Dr. Collins, J. F. Conger Davis Etheridge Gibbons Hale Hall
Harrington Harris, R. W. Holder Howell Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lane McClelland Mitchell Newton, A. S. Odom Overby Pope
Rhodes Rodgers, H. B. Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Steis Story Strickland Watson Williams, W. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 159, nays 1.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
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 64. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend Code Section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to author ize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
178
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.:
Abney Acree Alien Arnsdorff Bagby
Balkcom
Ballard Beck Black Blair Bolton Bowen, J. O. Branch Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P.
Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Grahl
Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie Merritt Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Oglesby
Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Reaves Reid Richardson Rogers, Jimmie Rowland Russell Savage Sewell Shea Simkins Simpson Singer Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Wells Williams, W. M. Wilson Woodward Wright
WEDNESDAY, JANUARY 20, 1965
179
Those voting in the negative were Messrs.:
Evans Lowrey
Minge Murphy
Williams, G. J.
Those not voting were Messrs.:
Anderson Barber Bedgood Blalock Bowen, R. L. Brackin Brantley Brooks, Wilson Caldwell Coker, G., Dr. Collins, J. P. Davis Etheridge Gary Gibbons Hale Hall Harris, R. W. Johnson, B. Jones, C. M.
Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Lane Looper Lovett McClelland McRae Melton Milhollin Mitchell Nessmith, P. Newton, A. S. Newton, D. L. Odom Pope Rainey Rhodes Roberts
Rodgers, H. B.
Roper Ross Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Steis Story Strickland Tucker, J. B. Vaughn, C. R. Watson White Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Caldwell of Upson 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.
HR 9-2. By Messrs. Smith of Grady, Smith of Emanuel, Moate of Hancock and many others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
180
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 Acree
Alien Anderson Arnsdorff
Bagby Balkcom Ballard Beck Black Blair Bolton Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy
Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt
Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge
Mixon Moate Moore, Don C.
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Reaves Reid Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Simkins Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Snow Spikes Stalnaker Steis Story Sweat Tabb Thomas
WEDNESDAY, JANUARY 20, 1965
181
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker Ware Watkins Watson Wells White Wiggins
Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Brooks, Wilson Dunwody Farrar Harris, J. R.
Jones, M. Laite Moore, J. H. Richardson
Sewell Shea Spillers
Those not voting were Messrs.:
Barber Bedgood Blalock Bowen, R. L. Coker, G., Dr. Collins, J. F. Etheridge Fulford Gibbons Hall
Holder Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lane McClelland Mitchell Newton, A. S. Odom
Pope Shuman Simmons Simpson Smith, E. B., Jr. Smith, V. T. Strickland Mr. Speaker
On the adoption of the Resolution, the ayes were 166, nays 11.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Lane of Bulloch, Collins of Toombs and Simmons of Banks stated 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 HR 9-2.
Mr. Etheridge of Fulton 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 noted "No" on HR 9-2.
182
JOURNAL OF THE HOUSE,
HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of McIntosh, and many others:
A Bill to be entitled an Act to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate and maintain and to establish, operate and maintain foreign-trade zones in or adjacent to ports of entry in 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 Arnsdorff Balkcom Ballard Beck Bedgood Black Blair Bolton Bowen, J. 0. Brantley Brinkley Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar
Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly
Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moate Moore, Don. C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L.
WEDNESDAY, JANUARY 20, 1965
183
Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Eainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper
Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simp son Singer Smith, A. B. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat
Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Voting in the negative was Mr. Ross.
Those not voting were Messrs.:
Alien Andersen Bagby Barber Blalock Bowen, R. L. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Coker, G., Dr.
Colwell Etheridge Gibbons Hall Holder Irvin Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lane Looper McClelland Milhollin
Moore, J. H. Newton, A. S. Odom Pope Potts Rodgers, H. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Strickland Tabb Mr. Speaker
On the passage of the Bill, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lane of Bulloeh 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 15.
184
JOURNAL OF THE HOUSE,
HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter and many others:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and main tenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other pur poses.
Mr. Snow of Walker moved that further consideration of HB 6 be postponed until tomorrow, Thursday, January 21, 1965.
On the motion to postpone until tomorrow, the ayes were 57, nays 64.
The motion to postpone was lost.
Mr. Hale of Bade moved that HB 6 be laid on the Table.
On the motion to lay on the Table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Beck Blair Bolton Brackin Brooks, Wilson Chandler Clark, J. T. Colwell Etheridge Floyd Gary
Griffin Griffis Hale Houston Hutchinson Knight, W. D. Leonard Lewis, P. B. Looper Merritt Moore, J. H. Pafford Potts
Rainey Ross Shea Smith, V. T. Snow Steis Story Sweat Tucker, J. B. Walker Williams, G. J.
Those voting in the negative were Messrs.:
Arnsdorff Balkcom Ballard Black Bowen, J. O. Bowen, R. L. Brinkley
Brooks, Geo. B. Brown, Gene Bynum Carr Clarke, H. G. Collins, J. F. Collins, M.
Conger Conner Crowe Dailey Davis Dean DeLoach
WEDNESDAY, JANUARY 20, 1965
185
Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Fulford Grahl Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Irvin Jessup Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill)
Lewis, E. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Reaves
Rhodes Richardson Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spillers Stalnaker Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Underwood, D. N. Vaughn, C. R. Watkins Wells White, D. H. Wiggins Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Alien Anderson Bagby Barber Bedgood Blalock Branch Brantley Brown, M. P. Busbee Byrd Caldwell Coker, G., Dr. Coker, R.
DeVane Flynt Gibbons Hall Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Matthews, D. R. McClelland Melton Mitchell
Newton, A. S. Odom Parker Pope Reid Roberts Rodgers, H. B. Singer Smith, Chas. C. Spikes Strickland Ware Watson Mr. Speaker
On the motion to lay on the Table, the ayes were 37, nays 126.
186
JOURNAL OP THE HOUSE,
The motion was lost.
Mr. Milhollin of Coffee 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.
Balkcom Ballard Black Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Clarke, H. G. Collins, J. F. Conger Crowe Dailey Davis Dickinson Dollar Doster Duncan, A. C. Fulford Gary Griffis Hale Harris, J. R. Herndon Hudgins
Jessup Jones, F. C. Jones, M. Lambert Lane
Lee, G. B. Lee, W. J. (Bill) Lowrey Marshall
Matthews, C. Matthews, D. R. Mauney McCracken McRae Milhollin
Minge Mixon Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Paris
Perry Peterson Phillips, G. S. Pickard Rogers, Jimmie Roper Rowland Rush Sewell Smith, E. B., Jr. Smith, V. T. Spillers Stalnaker Tabb Thomas Thomason
Underwood Vaughn, C. R. Walker Wiggins Woodward Wright
Those voting in the negative were Messrs.
Abney Acree Arnsdorff Bagby Beck Bedgood Blair Bolton Bowen, J. 0. Brooks, Wilson Brown, Gene Brown, M. P. Busbee
Bynum Caldwell
Carr Chandler Clark, J. T. Coker, R. Colwell Dean DeLoach Dixon Duncan, V. W. Dunwody Etheridge
Evans Farrar Floyd Grahl Griffin Harrell Harrington Harris, J. F. Henderson Holder Houston Hutchinson Irvin
WEDNESDAY, JANUARY 20, 1965
187
Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Laite Lee, P. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Mauldin McDaniell Melton Merritt Moate Moore, Don C.
Moore, J. H. Moses Overby Pafford Page Phillips, L. L. Poss Potts Rainey Reid Rhodes Richardson Ross Russell
Savage Shea Shuman Simkins Simmons
Simpson Smith, A. B.
Smith, J. R. Spikes Steis Story Sweat Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Ware Watkins Watson White Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Alien Anderson Barber Blalock Branch Brantley Byrd
Coker, G., Dr. Collins, M. Conner DeVane Dorminy Flynt Gibbons
Hall
Harris, R. W. Howell Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. McClelland McKemie Mitchell Newton, A. S. Odom
Parker Pope Reaves Roberts Rodgers, H. B. Singer Smith, Chas. C. Smith, G. L. II Snow Strickland Wells Mr. Speaker
On the motion for the previous question, the ayes were 70, nays 95.
The motion was lost.
Mr. Walker of Lowndes asked unanimous consent that the House suspend with the consideration of HB 6 in order to consider HB 71 today as a time ele ment was involved.
The consent was granted and HB 71 was taken up for consideration and read the third time:
188
JOURNAL OF THE HOUSE,
HB 71. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend Code Section 34-805, relating to special elections for members of the General Assembly, so as to pro vide for certain exceptions relative to vacancies occurring during 1965, and for other purposes.
The following amendment was read and adopted:
Walker of Lowndes moves to amend HB 71 as follows:
By striking wherever it shall appear in Section 1 the following sentence:
"In all other cases and in cases involving vacancies occurring during the year 1965 any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor.",
and substituting in lieu thereof the following sentence:
"In all other cases and in cases involving vacancies occurring during the 1965 Session of the General Assembly, any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor."
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 Arnsdorff Bagby Balkcom Ballard Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, R. L.
Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler
Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach
WEDNESDAY, JANUARY 20, 1965
189
DeVane Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Haris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper
Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L, L. Pickard Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts
Rogers, Jimmie
Roper Ross Rowland Rush Russell
Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson
Woodward
Those not voting were Messrs. :
Alien Anderson Barber Blalock Branch Coker, G., Dr. Doster
Dunwody Gibbons Hale Hall Harris, R. W. Hull Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Laite McClelland Mitchell
190
Moore, J. H. Newton, A. S. Odom Pope
JOURNAL OF THE HOUSE,
Rodgers, H. B. Smith, Chas. C. Strickland Ware
Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 174, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Walker of Lowndes moved that HB 71 be immediately transmitted to the Senate and the motion prevailed.
HB 71 was ordered immediately transmitted to the Senate.
Upon the completion of HB 71, the following Bill of the House was again taken up:
HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter and many others:
A Bill to be entitled an Act to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and main tenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other pur poses.
The previous question was ordered.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 6 by inserting in the 4th sentence of Section 6 following the words "have been expended" the words "or that said funds are on hand to be expended" so that said sentence will read as follows:
"A certificate executed by the highest elected official of the municipality to the effect that said funds have been expended or that said funds are on hand to be expended for the purposes authorized by this Act shall be prima facie evidence of such Fact,
WEDNESDAY, JANUARY 20, 1965
191
and the State Treasurer shall accept the same as such without personal or official liability for truthfulness of the information contained in such certificate."
The following amendments were read and adopted:
Mr. Brantley of Candler moves to amend HB 6, Section 3 by adding in line five after the word government, "or who receives a franchise tax from any utility, firm or corporation."
Mr. Bagby of Paulding moves to amend HB 6 by adding a comma following the word "municipality" in Line 2 Section 3; and by insert ing after said comma the following language, "whose population shall be based on the current United States decennial Census,".
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 Arnsdorff Bagby Balkcom Ballard Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley
Brooks, Geo. B. Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum Caldwell Carr Chandler
Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon
Dollar Dorminy Doster
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar
Floyd Flynt Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston
Howell Hull Hutchinson
Irvin Jessup Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
192
Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D.
JOURNAL OP THE HOUSE,
Nessmith, P. Newton Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson
Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Alien Anderson Barber Blalock Branch Byrd Coker, G., Dr. Gibbons Griffin
Hall Hudgins Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Looper McClelland
Mitchell Newton, A. S. Odom Pope Rodgers, H. B. Singer Smith, Chas. C. Strickland Mr. Speaker
On the passage of the Bill, as amended, the ayes were 178, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
WEDNESDAY, JANUARY 20, 1965
193
HB 66. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-803a, relating to licensing of and paying commissions to agents writing life and acci dent and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incor porated agency assignment, or other means; and for other purposes.
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 Arnsdorff Balkcom Ballard Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Wilson Brown, Gene Busbee Bynum Caldwell Carr Chandler Clarke, H. G. Coker, R. Collins, J. F. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon
Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson
Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Laite
Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Peterson Phillips, L. L.
194
Poss Potts Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Rush Russell Savage Shea Simkins Simmons
JOURNAL OF THE HOUSE,
Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas
Thomason Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Anderson Bagby Barber Blalock Brackin Branch Brantley Brooks, Geo. B. Brown, M. P. Byrd Clark, J. T. Coker, G., Dr. Collins, M. Gibbons Griffin Hall Hudgins Irvin Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lewis, P. B. Looper Lowrey Matthews, D. R. McClelland Milhollin Minge Mitchell Moate Nessmith, P. Newton, A. S.
Odom Perry Phillips, G. S. Pickard Pope Rainey Rodgers, H. B. Ross Sewell Shuman Smith, Chas. C. Strickland Tidwell Tucker, J. B. Tucker, Ray M. Wiggins Wilson Mr. Speaker
On the passage of the Bill, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 67. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act revising, classifying, consolidating and superseding the previous laws relating to insurance, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 56 of the Code of Georgia of 1933; and for other purposes.
WEDNESDAY, JANUARY 20, 1965
195
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 Arnsdorff Bagby Balkcom Ballard Beck Bedgood
Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell Carr Chandler Clarke, H. G. Coker, R. Collins, J. P. Colwell Conger Conner Crowe Dailey DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary
Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hull Hutchinson Irvin Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt
Minge Moore, Don C. Moore, J. H. Murphy NeSmith, J. D.
Newton, D. L.
Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pickard Poss Potts Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Singer Simth, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell
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Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker
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Ware Watkins Watson Wells White
Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Alien Anderson Barber Blalock Branch Brantley Brooks, Geo. B. Brooks, Wilson Byrd Clark, J. T. Coker, G., Dr. Collins, M. Davis Dean DeLoach Dorminy Gibbons Griffin Hall
Howell Hudgins Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, P. C. Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Lewis, P. B. Looper Matthews, D. R. McClelland Milhollin Mitchell Mixon Moate
Moses Nessmith, P. Newton, A. S. Odom Phillips, G. S. Pope Rainey Rodgers, H. B. Roper Shuman Simpson Smith, Chas. C. Smith, G. L. II Strickland Tucker, J. B. Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 11-8. By Messrs. Simpson of Wheeler and Smith of Telfair:
A Resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; 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
Arnsdorff Bagby
Balkcom Ballard
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197
Beck Bedgood
Black Blair Bolton Bowen, J. O. Bowen, R. L. Brantley Brinkley Brown, Gene Brown, M. P.
Busbee Bynum Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Colwell Crowe Dailey DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Ether idge Evans Farrar
Floyd Flynt Fulford Gary Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Hudgins Hull Hutchinson Irvin Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Page Paris Parker Perry Peterson Phillips, L. L. Pickard
Poss Potts Reaves Reid
Rhodes Richardson Roberts Rogers, Jimmie
Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson
Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Alien Anderson Harber
Blalock Brackin Branch
Brooks, Geo. B. Brooks, Wilson Byrd
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Coker, G., Dr. Coker, R. Conger Conner Davis Dean Dollar Gibbons Griffis Hall Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C.
Jordan, W. H. Knight, D. W. Lane Lee, G. B. Lewis, P. B. Lovett McClelland McCracken McDaniell Mitchell Moate Moses Newton, A. S. Odom Overby
Pafford Phillips, G. S. Pope Rainey Rodgers, H. B. Roper Shuman Smith, Chas. C. Smith, G. L. II Strickland Walker Ware Mr. Speaker
On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions of the House were read and adopted:
HR 96. By Messrs. Smith of Grady, Bolton of Spalding and others:
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 with 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 has compiled an illustrious record as a faithful and devoted public servant; 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, he is known throughout the World for his outstand ing achievements since he has been a member of the United States Senate, and the General Assembly would be honored to hear an address by the Senior Senator from Georgia;
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199
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 11:00 O'clock A. M., February 8, 1965.
BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called for the purpose of hearing the aforesaid address, which joint session shall be held at 10:45 O'clock A. M., on February 8, 1965, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the President of the Senate are hereby authorized to make what ever arrangements are necessary in order to effectuate 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 Senator Rich ard B. Russell.
HR 97. By Messrs. Smith of Grady, Bolton of Spaiding, and others:
A RESOLUTION
Extending an invitation to Senator Herman E. Talmadge to ad dress 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, he is one of the foremost leaders in the effort to pre serve our constitutional form of government which is the bulwark of freedom; and
WHEREAS, he is an ardent advocate of the sovereignty of states and a champion of states rights, and the General Assembly would be honored to hear an address by the Junior Senator from Georgia;
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 11:00 O'clock A. M., February 8, 1965.
BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called for the purpose of hearing the aforesaid address, which joint session shall be held at 10:45 O'clock A. M., on February 8, 1965, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the President of the Senate are hereby authorized to make what-
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ever arangements are necessary in order to effectuate 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 Senator Herman E. Tahnadge.
HR 98. By Messrs. Abney and Snow of Walker:
A RESOLUTION
Commending Trooper W. E. Dodd of the Georgia State Patrol; and for other purposes.
WHEREAS, Trooper W. E. Dodd of the Georgia State Patrol, Post No. 5, Dalton, Georgia transformed the Driver's License Room into two double bedrooms with walk-in closets for the State Patrol bar racks at Dalton; and
WHEREAS, the Department of Public Safety purchased the neces sary material for such bedrooms and Trooper Dodd devoted many hours of his off-duty time in order to complete this most worthwhile project; and
WHEREAS, the State of Georgia also saved a considerable amount of money due to the devotion of this outstanding member of the State Patrol and his work exemplifies the caliber of the men making up the State Patrol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Trooper W. E. Dodd is hereby com mended for his outstanding work as aforesaid, and the members of this body hereby extend sincerest congratulations to this outstanding mem ber of the Georgia State Patrol for his unselfish devotion to his job.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Trooper Dodd.
HR 99. By Messrs. Floyd of Chattooga, Brown of Bacon, Russell of Thomas and others:
A RESOLUTION
Relative to closing the Veterans Administration Domiciliary at
:
Thomasville, Georgia; and for other purposes.
WHEREAS, the Administrator of Veterans Affairs, Veterans Ad ministration, has publicly announced the intention of closing perma-
WEDNESDAY, JANUARY 20, 1965
201
nently the Veterans Administration Domiciliary at Thomasville, Geor gia; and
WHEREAS, approximately 800 wartime veterans live in the Thomasville Domiciliary and are totally dependent, for disability rea sons, upon the care provided them there; and
WHEREAS, most of said veterans housed at the Thomasville Domi ciliary are Georgians and should remain in their home state near rela tives and friends; and
WHEREAS, the Veterans Administration plans to transfer these veterans to other facilities, already overcrowded; and
WHEREAS, during 1964 Congress, after persistent persuasion by the nation's veterans organizations, passed a law authorizing the Vet erans Administration to establish 4,000 beds throughout the United States to care for veterans suffering disabilities similar to those at the Thomasville Domiciliary; and
WHEREAS, at this time the Veterans Administration is attempting to create these beds, and in most instances must expend large sums of money to renovate or build wards to care for veterans suffering the type disability as those veterans at the Thomasville Domiciliary; and
WHEREAS, it was clearly the intent of the Congress of the United States and veterans organizations of this nation, that these disabled veterans be cared for; and
WHEREAS, the Veterans Administration formulated the plan to close said domiciliary arbitrarily without consultation or advice from the national veterans organizations; and
WHEREAS, in addition to providing life-sustaining services to the veterans of Georgia, the Thomasville Domiciliary is an important indus try of Thomas County, employing 168 Georgians, contributing approxi mately $2 million annually to the economy of Thomas County and the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby protest the closing of the Veterans Administration Domiciliary located at Thomas ville, Georgia.
BE IT FURTHER RESOLVED that Honorable William J. Driver, Administrator of Veterans Affairs, Veterans Administration, is hereby urgently requested to further consider the decision to close said domi ciliary and reverse said decision.
BE IT FURTHER RESOLVED that the members of the United States Congress from the State of Georgia are hereby urgently re-
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quested to use their influence to cause the decision to close said domi ciliary to be reversed.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward appro priate copies of this Resolution to Honorable Olin E. Teague, Chairman of the Veterans Affairs Committee of the United States House of Rep resentatives, Honorable William J. Driver, Administrator of Veterans Affairs, Veterans Administration, and to the members of the United States Congress from the State of Georgia.
HR 100. By Messrs. Story and Watson of Gwinnett:
A RESOLUTION
Expressing regrets at the passing of Honorable Jesse J. Baggett; and for other purposes.
WHEREAS, on January 17, 1965, the Honorable Jesse J. Baggett, a resident of Gwinnett County, passed away; and
WHEREAS, Mr. Baggett became one of the leading and most prominent citizens of his area, having reached the pinnacle of success in his business endeavors without the advantage of a formal education; and
WHEREAS, Mr. Baggett was an outstanding leader of the busi ness, civic and religious community, having always been willing to give generously of his time, energies and personal funds to any worth while civic and charitable drive; and
WHEREAS, the Honorable Jesse J. Baggett served as a mayor of Lawrenceville, as well as a member of the Georgia State Senate; and
WHEREAS, the death of this fine and distinguished citizen of the State of Georgia saddens the hearts of his many friends and asso ciates.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regret at the death of this outstanding Georgian and does hereby extend its condolences to the members of the immediate family of Honorable Jesse J. Baggett.
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 Jack 0. Baggett and Joseph M. Baggett, Sr., the sons of the Honorable Jesse J. Baggett.
WEDNESDAY, JANUARY 20, 1965
203
HR 104. By Messrs. Russell of Thomas, Smith of Grady and Floyd of Chattooga:
A RESOLUTION
Creating a Committee to be known as the "Special House Veterans Affairs Committee" to study the circumstances relating to the decision to permanently close the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes.
WHEREAS, the Administrator of Veterans Affairs, Veterans Ad ministration, has publicly announced a decision to permanently close the Veterans Administration Domiciliary at Thomasville, Georgia; and
WHEREAS, approximately 800 wartime veterans live in the Thomasville Domiciliary and are totally dependent, for disability rea sons, upon the care provided them there; and
WHEREAS, most of said veterans housed at the Thomasville Domi ciliary are Georgians and should remain in their home state near rela tives and friends; and
WHEREAS, the Veterans Administration plans to transfer these veterans to other facilities, already overcrowded; and
WHEREAS, after many years of persistent persuasion, Public Law 88-450, authorizing the Veterans Administration to establish 4,000 beds throughout the United States to care for veterans suffering from dis abilities similar to those at the Thomasville Domiciliary, was passed by the 88th Congress, 2nd Session, and approved by the President; and
WHEREAS, it was the legislative intent of Congress in the passage of Public Law 88-450 that disabled veterans such as those at the Thomasville Domiciliary be cared for and furnished nursing home care; and
WHEREAS, the National Administration received wide acclaim dur ing an election year for recognizing the fact that care should be given to the men and women of this country who without hesitation offered their lives for their country; and
WHEREAS, the loss of the Thomasville Domiciliary will mean a loss of approximately two million dollars annually to Thomas County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be known as the "Special House Veterans Affairs Committee" to be com posed of five (5) members appointed by the Speaker. The Committee is hereby authorized and directed to immediately investigate, study and ascertain the reasons which led to the decision to close the Veterans Administration Domiciliary at Thomasville, Georgia. The Committee
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acting for and on behalf of the State of Georgia is hereby authorized and directed to make every effort and to perform any acts it deems necessary to cause a reversal of the decision to close the Veterans Administration Domiciliary at Thomasville, Georgia.
During the 1965 Regular Session of the General Assembly, the members shall receive reimbursement for actual expenses in carrying out the provisions of this Resolution in addition to the compensation, per diem, expenses, allowances and mileage which said members are entitled to receive as a member of the House of Representatives. During the period between the first and second portions of the 1965 Regular Session, the members of the Committee shall receive the compensation, per diem, expenses, allowances and mileage 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 Committee herein created shall begin to function on the date of the appointment of the members thereof by the Speaker and shall continue to function until the final adjournment of the 1965 Regular Session of the General Assembly at which time it shall stand abolished. The Committee shall make a report of its study, investigation, findings and accomplishments not later than five (5) days prior to the final adjournment of the 1965 Regular Session of the General Assembly of Georgia.
BE IT FURTHER RESOLVED that the Committee herein created is hereby directed to perform its duties in conjunction with a similar Committee created by the Senate.
The Speaker appointed the following members:
Messrs. Russell and Oglesby of Thomas, Brown of Bacon, Reaves of Brooks, DeVane of Schley.
Messrs. Williams of Hall, Lee of Clinch and Spillers of Newton arose on a point of personal privilege and addressed the House.
Mr. Bolton of Spalding moved that this 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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205
Representative Hall, Atlanta, Georgia
Thursday, January 21, 1965
The House met pursuant to adjournment at 10:00 o'clock a.m. this day and was called to order by the Speaker.
The following prayer was offered by Rev. Don DuVall, Pastor, First Baptist Church, Ringgold, Georgia:
Our Father,
As responsible people of authority and under authority, we acknowledge anew our dependence upon Thee just now. Our strength lies in Thee. Our wisdom is less than enough without Thee. Our power is insufficient without Thy Presence.
We thank Thee for our land of America and especially for this state we love, Georgia. We are here today by choice rather than chance. We are hereby the obligations from choice of freedom, democracy and righteousness.
Let this land we love be led by warm sympathetic hands of truth and let each person present here bow to the sovereign providence of the will and way of God.
Forgive us our trespasses, and let this body today be conscious of the words of Jesus that apart from him we can do nothing.
We pray in His name. Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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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:
HB 124. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to prohibit certain members who take refunds from subsequently becoming members of the Fund; and for other purposes.
Referred to the Committee on Judiciary.
HB 125. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the "Sheriff's Retirement Fund of Georgia", so as to rewrite and clarify Section 10 of said Act which provides for the amount and method of payments to said Fund; and for other purposes.
Referred to the Committee on Judiciary.
HB 126. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglas, so as to authorize the governing authority of said City to close portions of certain streets; and for other purposes.
Referred to the Committee on Local Affairs.
HB 127. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as
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207
to change the amount of compensation to be paid to the secretary to the Clerk of the Superior Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 128. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend an Act creating the office of the Georgia Safety Fire Commissioner and vesting said officer with the power and duty to enforce the laws in regard thereto; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 129. By Messrs. Abney and Snow of Walker:
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 no person shall stand in a roadway, or upon the right-of-way thereof, or its im mediate vicinity and in any manner solicit a ride from the driver of any vehicle; and for other purposes.
Referred to the Committee on Judiciary.
HB 130. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act; and for other pur poses.
Referred to the Committee on Rules.
HB 131. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond; and for other purposes.
Referred to the Committee on Rules.
HB 132. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; and for other purposes.
Referred to the Committee on Rules.
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HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall, Poss of Madison, Rowland of Johnson, Simpson of Wheeler, Smith of Whitfield, Steis of Harris and others.
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 change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HR 101-133. By Messrs. Brooks of Fulton and Harris of DeKalb:
A Resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for other pur poses.
Referred to the Committee on Appropriations.
HR 102-133. By Mr. Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein; and for other purposes.
Referred to the Committee on Local Affairs.
HR 103-133. By Mr. Milhollin of Coffee:
A Resolution to designate the "Seventeen Mile River"; and for other purposes.
Referred to the Committee on Natural Resources.
HR 105-133. By Mr. Houston of Pierce:
A Resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Author ity; and for other purposes.
Referred to the Committee on Local Affairs.
HB 134. By Mr. Dixon of Ware:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net in come in determining State income taxes, so as to allow personal exemp tion of $600.00 for each son, daughter or ward of the taxpayer to be
THURSDAY, JANUARY 21, 1965
209
deducted from the taxpayer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 99. By Messrs. Bolton of Spalding, Clarke of Monroe and Carr of Wash ington :
A Bill to be entitled an Act to prohibit certain activities of legislators, and officers and employees of the legislative, judicial and executive branches of the State government and t oregulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal business or professional interests; and for other purposes.
HR 51-99. By Messrs. Bolton and Melton of Spalding:
A Resolution to compensate William Marvin Tarleton; and for other purposes.
HR 52-99. By Messrs. Bolton and Melton of Spalding:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes.
HR 53-99. By Messrs. Vaughan and Harris of Bartow: A Resolution to compensate Frank C. Dysart; and for other purposes.
HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Grady County; and for other purposes.
HB 101. By Mr. Wright of Wilkes:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes.
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HR 54-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Henry W. Durden; and for other pur poses.
HR 55-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Guyton E. Goode and Mrs. Guyton E. Goode; and for other purposes.
HB 102. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes.
HB 103. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Chapter 92-31 of Part IX, Biv. I, of Title 92 of the Code of Ga. of 1933, relating to the imposition, rate and computation of the income tax and the exemptions therefrom, to repeal Sections 92-3113, 92-3114, 92-3115 and 92-3116, relating to the apportionment and allocation of income; and for other purposes.
HB 104. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Chapter 92-33 of the Code of Ga. of 1933 relating to payment, deficiencies, assessment and collection of the income 'tax, so as to clarify Section 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes.
HB 105. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Section 92-3109 relating to deductions in computing net income for income tax purposes, so as to authorize for small business an additional first year depreciation allow ance as defined in Section 179 of the U.S. Internal Revenue Code of 1954 as amended; and for other purposes.
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211
HB 106. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million ($10,000,000.00) dollars out standing at any one time; and for other purposes.
HB 107. By Mr. Steis of Harris:
A Bill to be entitled an Act to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes.
HR 56-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 5, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
HR 57-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated May 25, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, Inc., for the equipment of the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia until the next meeting of the General Assembly; and for other pur poses.
HR 58-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated April 30, 1964, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal Internal Revenue Code of 1954 on returns of income for certain taxable years until the next meeting of the General Assembly; and for other purposes.
HB 108. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes.
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HB 109. By Mr. Hudgins of Chattahoochee:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Chattahoochee County, known as the fee system; and for other purposes.
HB 110. 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 provide for arbitration of assess ments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; and for other purposes.
HB 111. By Messrs. Williams and Overby of Hall:
A Bill to be entitled an Act to amend Code Section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chairman of the board shall be elected for such term as shall be determined by the board; and for other purposes.
HB 112. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act approved Feb. 19, 1937 (Ga. L. 1937, p. 627), as amended, so as to provide for additional grounds and causes for the revocation or suspension of licenses to engage in the practice of dentistry in the State of Georgia after due notice and hearing by the Board of Dental Examiners of Georgia; and for other purposes.
HR 59-112. By Mr. McClelland of Fulton:
A Resolution to compensate Mrs. Thomas B. Jones; and for other pur poses.
HR 60-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Charles Watson; and for other purposes.
HR 61-112. By Messrs. Williams and Overby of Hall:
A Resolution to compensate Donald H. Shedd, Sr.; and for other pur poses.
HR 62-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Howard Worley; and for other purposes.
THURSDAY, JANUARY 21, 1965
213
HE 63-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Talmadge Pless; and for other purposes.
HR 64-112. By Messrs. Williams and Overby of Hall: A Resolution to compensate Loyt Vaughan; and for other purposes.
HR 65-112. By Mr. Perry of Marion:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Marion County by the people; and for other purposes.
HB 113. By Messrs. Bowen of Dooly, Shuman of Bryan, Mauney of White, Jessup of Bleckley, Underwood of Taylor, Lane of Bulloch, Doster of Wilcox, Perry of Marion and Hudgins of Chattahoochee:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that periodical in spection shall apply only to 1963 or later model vehicles; and for other purposes.
HB 114. By Mr. Coker of Turner:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said Mayor and Council, within prescribed limits; and for other purposes.
HB 115. By Messrs. Smith of Lamar, Jessup of Bleckley, Beck of Twiggs, Lewis of Wilkinson, Perry of Marion, Stalnaker of Houston, Underwood of Taylor, Grahl of Peach, Hudgins of Chattahoochee and others:
A Bill to be entitled an Act to repeal the act known as "Inspection of Motor Vehicles, Etc.", which was approved on April 3, 1963, and which appears at pages 333 to 339, inclusive, in the Acts of the General As sembly of the State of Georgia for the year 1963; and for other purposes.
HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White:
A Bill to be entitled an Act to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; and for other purposes.
214
JOURNAL OF THE HOUSE,
HB 117. By Messrs. Caldwell and Page 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 of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.
HR 66-117. By Messrs. Melton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Bolton of Spalding, Moore of Polk and others:
A Resolution declaring classroom teachers in Georgia in public and private elementary and high schools, colleges and universities to be professional people; declaring certificated personnel including librarians, visiting teachers, teaching supervisors, principals, and all other certifi cated personnel employed in the public and private elementary and high schools, colleges and universities of Georgia to be professional people; and for other purposes.
HR 67-117. By Mr. Arnsdorff of Effingham: A Resolution compensating Mr. Odis E. Bevill; and for other purposes.
HR 68-117. By Mr. Caldwell of Upson:
A Resolution compensating Jack Donald Grogan; and for other pur poses.
HR 69-117. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle; and for other purposes.
HR 70-117. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton; and for other purposes.
HB 118. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary; and for other purposes.
HB 119. By Mr. Black of Webster:
A Bill to be entitled an Act to place the sheriff of Webster County upon an annual salary; and for other purposes.
THURSDAY, JANUARY 21, 1965
215
HB 120. By Mr. Lee of Clinch:
A Bill to be entitled an Act to amend Code Chapter 46-4 relating to dissolution, claims and judgment in garnishment cases, so as to change the provisions relating to default judgments for failure to answer sum mons of garnishment; and for other purposes.
HR 77-120. By Mr. Bagby of Paulding: A Resolution to compensate Mr. H. C. Holland; and for other purposes.
HR 78-120. By Mr. Bagby of Paulding:
A Resolution to compensate Mrs. Emma C. Couch; and for other pur poses.
HR 79-120. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess; and for other purposes.
HR 80-120. By Mr. Abney of Walker:
A Resolution to compensate Mr. Paul E. Phillips; and for other pur poses.
HB 121. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes.
HR 81-121. By Mr. Blair of Sumter: A Resolution compensating Jack Murr; and for other purposes.
HR 82-121. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan; and for other purposes.
HR 83-121. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts; and for other purposes.
216
JOURNAL OF THE HOUSE,
HR 84-121. By Mr. Tucker of Henry: A Resolution compensating Mr. T. W. Craig; and for other purposes.
HR 85-121. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry; and for other purposes.
HR 86-121. By Mr. Matthews of Clarke:
A Resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes.
HR 87-121. By Mr. Duncan of Fannin: A Resolution compensating Mrs. Venta Lee Ray; and for other pur poses.
HR 88-121. By Mr. Duncan of Fannin: A Resolution compensating David 0. Ray; and for other purposes.
HB 122. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court and the Ordinary of Elbert County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court and the Ordinary; and for other purposes.
HB 123. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert", so as to prescribe the duties of the chairman of the board; and for other pur poses.
HR 89-123. By Mr. Etheridge of Fulton: A Resolution compensating Edward F. Graham; and for other purposes.
HR 90-123. By Mr. Etheridge of Fulton:
A Resolution to compensate Ryder Truck Rental, Inc.; and for other purposes.
THURSDAY, JANUARY 21, 1965
217
HR 91-123. By Mr. Looper of Dawson: A Resolution to compensate Wilma C. Hill; and for other purposes.
HR 92-123. By Mr. Looper of Dawson: A Resolution to compensate Charles N. Kinnard; and for other purposes.
HR 93-123. By Mr. Looper of Dawson: A Resolution to compensate Eulalie Phillips; and for other purposes.
HR 94-123. By Messrs. Mitchell and Smith of Whitfield:
A Resolution to compensate Dwight M. Beaty, Jr.; and for other pur poses.
HR 95-123. By Mr. Vaughan of Bartow: A Resolution to compensate Jet Stewart; and for other purposes.
Mr. Tucker of Catoosa 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 72. Do Pass. HB 74. Do Pass. HB 75. Do Pass. HB 76. Do Pass. HB 77. Do Pass. HB 78. Do Pass. HB 79. Do Pass. HB 82. Do Pass.
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JOURNAL OP THE HOUSE,
HB 85. Do Pass. HB 97. Do Pass.
Respectfully submitted, Tucker of Catoosa, Chairman.
Mr. Brantley of Candler asked unanimous consent that the clerk be directed to correct a technical error in an amendment he offered to the following Bill of the House:
HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden and many others: A Bill to be entitled an Act to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and main tenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; and for other pur poses.
The consent was granted and the clerk was directed to correct the error.
Mr. Dickinson of Douglas arose on a point of personal privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 109. By Mr. Houston of Pierce:
A RESOLUTION
Commending Joseph William Lee; and for other purposes.
WHEREAS, on January 8, 1965, Joseph William Lee of Ellabelle was driving a tractor-trailer rig loaded with building materials on U. S. Highway 82, just east of Blackshear; and
WHEREAS, at the intersection of Trudie Road and U. S. Highway 82, a school bus loaded with 65 children pulled out of Trudie Road into Highway 82 directly in front of the tractor-trailer being driven by Mr. Lee; and
WHEREAS, Mr. Lee reacted instantly when he saw the school bus
THURSDAY, JANUARY 21, 1965
219
pull out into the highway in front of him and cut sharply off the high way, causing the vehicle he was driving to jackknife and overturn; and
WHEREAS, Mr. Lee disregarded his own personal safety and took a chance with his own life to save the lives of others; and
WHEREAS, investigating officers stated that Mr. Lee's quick and heroic action prevented what might have been one of the worst acci dents in the Blackshear area in many years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mr. Joseph William Lee for his grave, courageous and instantaneous decision to avoid a collision with a crowded school bus in utter disregard of his own personal safety.
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 Mr. Joseph William Lee.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 59. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to authorize the ordinary of Rabun County upon recommendation of tax commissioner of Rabun County to addi tionally compensate the secretary of the tax commissioner of Rabun 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 61. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide for compensation for the Ordi nary of Rabun County and compensation for secretarial assistance to the Ordinary of Rabun County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
220
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 68. By Mr. Houston of Pierce: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 69. By Mr. Houston of Pierce:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Pierce County, known as the fee system, and to pro vide in lieu thereof an annual salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 82. By Messrs. Knight and Lovett of Laurens:
A Bill to be entitled an Act to implement that amendment to Article VIII, Section V, Paragraph I of the Constitution, creating a DublinLaurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes.
THURSDAY, JANUARY 21, 1965
221
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 79. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and tax collector of Chattooga County into the office of Tax Commis sioner of Chattooga 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 78. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the clerk of the superior court of Chattooga County shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 77. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to repeal an Act establishing the City Court of Chattooga County, to provide an effective date, and for other pur poses.
222
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 76. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee sys tem of compensation, so as to provide that the sheriff of Chattooga County shall not receive any compensation for services as ex-officio sheriff of the City Court of Chattooga 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 75. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act 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 clerical employees and their 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 74. By Mr. Davis of Heard: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes.
THURSDAY, JANUARY 21, 1965
223
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 72. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property as pertains to 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 97. By Mr. Grahl of Peach:
A Bill to be entitled an Act to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation, to provide the manner in which such salary shall be fixed, and to provide for per sonnel within the sheriff's office; and for other purposes.
224
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 115, 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:
HR 47-87. By Messrs. Smith of Emanuel, Nessmith of Bulloch, and many others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Roslution, 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 Balkcom Ballard Barber Beck Black Blair Bolton Bowen, J. 0. Brantley Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T.
Clarke, H. G. Coker, R. Collins, J. F. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Flynt Fulford
Grahl Griffin Griffis Hale Harrell Harrington Harris Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D.
THURSDAY, JANUARY 21, 1965
225
Lee, F. S. Lee, G. B. Lee, W. J. (Bill)
Leonard Lewis, P. B.
Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith
Nessmith Newton, D. L, Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Reaves Reid Roberts Rogers, Jinimie Ross Rush Savage Shuman Simmons Simpson Singer Smith, A. B.
Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Stalnaker
Steis Story Strickland
Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watson Wells White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.
Brooks, Wilson Dunwody Etheridge Farrar Harris, J. R.
Harris, R. W. Jones, M. Laite Richardson
Sewell
Shea Spillers Wiggins
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bowen, R. L. Brackin Branch Brooks, Geo. B. Caldwell Coker, G., Dr. Collins, M. Floyd Gary Gibbons
Hall Herndon Hull Jones, C. M. Jordan, W. H. Knight, D. W. Lambert Lane Lewis, E. B. McClelland Mitchell Moore, J. H. Newton, A. S. Oglesby
Pope Rhodes Rodgers, H. B. Roper Rowland Russell Simkins Smith, V. T. Vaughn, C. R. Ware Watkins Mr. Speaker
226
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 152, nays 13.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Vaughn of Rockdale and Lane of Bulloch 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 HR 47-87.
HB 86. By Messrs. Bowen of Dooly, Melton of Spalding, and many others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes.
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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. O. Bowen, R. L. Brantley Brinkley Brooks, Wilson
Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr
Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach Dickinson Dixon
Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge
Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Howell Hudgins Hull Hutchinson Irvin
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227
Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon
Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Reaves Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush Savage Sewell Shea
Shuman Simkins
Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Alien Anderson Bagby Blalock Brackin Branch Brooks, Geo. B. Coker, G., Dr. DeVane Gibbons Hale
Hall Jones, C. M. Jordan, W. H. Knight, D. W. Lee, G. B. Lewis, E. B. McClelland Mitchell Newton, A. S. Pope Rhodes
Rodgers, H. B. Rowland Russell Strickland Ware Watkins White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 173, nays 0.
228
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Strickland of Evans 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 86.
HB 16. By Messrs. Richardson and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to remove or obliterate the manufacturer's serial or code numbers appear ing on any case, carton, package or container of any tobacco product; and for other purposes.
The following amendments were read and adopted:
Mr. Richardson of Chatham moves to amend HB 16 by inserting between the words "to" and "remove" in Section 1, the word "wilfully", and by inserting between the words "person" and "violating" in Section 2, the word "wilfully".
Mr. Caldwell of Upson moves to amend HB 16 as follows:
By striking Section 2 in its entirety and inserting in lieu therefor the following:
"Any person wilfully violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
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 Arnsdorff Balkcom Barber Beck Black Blair Bolton Bowen, J. 0.
Bowen, R. L. Brantley Brinkley Brown, Gene Busbee Bynum Byrd Caldwell Clark, J. T. Clarke, H. G.
Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach Dickinson
THURSDAY, JANUARY 21, 1965
229
Dixon Dollar Dorminy Duncan, A. C. Dunwody Etheridge Evans Parrar Flynt Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B.
Lee, W. J. (Bill) Leonard Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, D. L. Odom Overby Pafford Page Parker Perry Phillips, G. S. Phillips, L. L. Pickard
Potts Reaves Reid Richardson Roberts Rush Savage Sewell Shea Simkins Simpson Smith, J. R. Snow Spikes Spillers Steis Story Strickland Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells White Williams, G. J. Williams, W. M. Wilson
Those voting in the negative were Messrs.:
Duncan, V. W. Harris, R. W.
Jordan, Ben C. Rogers, Jimmie
Smith, A. B. Thomas
Those not voting were Messrs.:
Alien Anderson Bagby Ballard Bedgood Blalock Brackin Branch Brooks, Geo. B. Brooks, Wilson
Brown Carr Chandler Coker, G., Dr. Coker, R. Davis DeVane Doster Floyd Gibbons
Griffis Hale Hall Harrington Houston Johnson, B. Jones, C. M. Jones, D. C. Jordan, W. H. Knight, D. W.
230
Lewis, E. B. Lewis, P. B. Looper Matthews, C. McClelland Mitchell Nessmith, P. Newton, A. S. Oglesby Otwell Paris Peterson
JOURNAL OF THE HOUSE,
Pope Poss Eainey Rhodes Rodgers, H. B. Roper Ross Rowland Russell Shuman Simmons Singer
Smith, Chas. C. Smith, E. B., Jr. Smith, C. L. II Smith, V. T. Stalnaker Sweat Ware Watkins Wiggins
Woodward Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 133, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Poss of Madison 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 16.
Mr. Paris of Barrow asked to be recorded as present but not voting on HB 16.
HB 50. By Messrs. Smith of Grady, Conger and Dollar of Decatur and others:
A Bill to be entitled an Act to amend an Act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court report, and for other purposes.
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 Arnsdorff Balkcom
Barber Beck Black Blair
Bolton Bowen, J. 0. Bowen, R. L. Brackin
THURSDAY, JANUARY 21, 1965
231
Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Chandler Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey DeLoach Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins
Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, D. L. Odom Otwell Overby Pafford Page
Paris Parker Phillips, G. S. Phillips, L. L. Pickard Potts Rainey Reaves Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush Savage Sewell Shea Simkins Simmons Smith, A. B. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan Watson Wells White Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Alien Anderson Bagby Ballard Bedgood Blalock Branch
Brantley Brooks, Geo. B. Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Davis
Dean DeVane Doster Floyd Flynt Gibbons Hale
232
Hall Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lewis, E. B. Looper Lovett Matthews, C. McClelland Melton Milhollin Mitchell
JOURNAL OF THE HOUSE,
Nessmith, P. Newton, A. S. Oglesby Perry
Peterson Pope Poss Rhodes Rodgers, H. B. Rowland Russell Shuman Simpson Singer
Smith, Chas. C. Smith, E. B., Jr. Smith, C. L. II Tucker, J. B. Vaughn, C. R. Walker Ware Watkins Wiggins Williams, G. J. 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.
HB 89. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to be entitled an Act to amend an Act providing for service of process on foreign trustees as to lands in this State, and to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee, and for other purposes.
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 Bagby Balkcom Barber Beck Bedgood Black Blair Bolton
Bowen, R. L.
Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr
Clarke, H. G.
Coker, R. Colwell Conger Dailey DeLoach Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W.
Dunwody
THURSDAY, JANUARY 21, 1965
233
Etheridge Evans Farrar Plynt Pulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Maddox
Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips Pickard Poss Potts Rainey Reid Richardson Roberts
Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Acree Alien Anderson Ballard Blalock Bowen, J. 0. Branch Brantley Brooks, Geo. B. Chandler Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Conner
Crowe Davis Dean DeVane Dorminy Doster Floyd Gibbons Hale Hall Harrell Harrington Houston Johnson, B. Jones, C. M.
Jones, F. C. Jordan, W. H. Knight, D. W. Lambert Lee, G. B. Leonard Lewis, L. B. Lovett McClelland Mitchell Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Parker
234
JOURNAL OF THE HOUSE,
Phillips, L. L. Pope Reaves Rhodes Rodgers, H. B. Rowland Shuman
Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Tucker, J. B. Vaughn, C. R. Walker
Ware Watkins Wells Woodward 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 90. By Messrs. Steis of Harris, Harris of DeKalb, and others:
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 fix the fee of the Com missioner of Securities for accepting service of process as an agent for a person executing a consent to service of process under the pro visions of this Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. O. Brackin Brankley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd
Caldwell Clarke, H. G. Coker, R. Colwell Conger Dailey DeLoach DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford
Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul
THURSDAY, JANUARY 21, 1965
235
Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merrittt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D.
Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pickard Poss Potts Rainey Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson
Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negative was Mr. Dickinson.
Those not voting were Messrs.:
Alien Anderson Bagby Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Carr Chandler Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Conner Crowe Davis Dean
Dorminy Gibbons Hale Hall Harrell Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Leonard Lewis, E. B. Lovett McClelland Mitchell
Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Phillips, L. L. Pope, M. Reaves Rhodes Rowland Smith, E. B., Jr. Tucker, J. B. Vaughn, C. R. Walker Ware Watkins Woodward Mr. Speaker
236
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Shea of Chatham stated that he was called from the Hall of the House at the time the roll was called to confer with constituents but had he been present he would have voted "Aye" on HB 90.
HB 91. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to be entitled an Act to amend an Act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation, and for other purposes.
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 Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Bolton Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, M. P. Busbee Bynum Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Colwell
Conger Dailey DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey
THURSDAY, JANUARY 21, 1965
237
Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Overby Pafford
Page Paris Parker Perry Peterson Phillips Voss Rainey Reid Richardson Roberts Rodgers, K. B. Rogers, Jimnje Ross Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B.
Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers
Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N.
Watson Wiggins Williams, W. M. Wilson
Those not voting were Messrs.:
Alien Anderson Bedgood Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Byrd Carr Coker, G., Dr. Collins, J. F. Collins, M. Conner Crowe Davis Dean Floyd Gibbons
Hale Hall Harrell Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lambert Lane Leonard Lewis, E. B. Lovett Matthews, C. McClelland Mitchell Mixon Moore, J. H. Newton, A. S. Newton, D. L.
Phillips, L. L.
Pickard Pope Potts Reaves Rhodes Roper Rowland Smith, Chas. C. Smith, E. B., Jr. Vaughn, C. R. Walker Ware Watkins Wells White "Williams, G. J. Woodward Wright
Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
238
JOURNAL OF THE HOUSE,
HB 92. By Messrs. Steis of Harris and Harris of DeKalb, and others:
A Bill to be entitled an Act to amend an Act providing for service of process upon a non-resident operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an asrent for such a non-resident motorist, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the BiM, the roll call was ordered and the vote was as follows:
Those voting in tiie affirmative were Messrs.
Abney Acree Arnsdorff Bagby BalkcoJ51 Ballad Bar&er
Black Blair Bolton Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee, G. D. Bynum Byrd Chandler Clark, J. T. Clarke, H. G. Coker, R. Colwell Conger Dailey Dean DeLoach DeVfine pickinson Dixon Dollar Dorminy Doster
Duncan, V. W. Dunwody Evans Parrar Flynt Fulford Gary Grahl Griffis Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey
Luke Maddox Marshall Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pope Poss Potts Rainey Reid
THURSDAY, JANUARY 21, 1965
239
Richardson Roberts Rogers, Jimmie Roper Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer
Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat
Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watson Wiggins Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Alien Anderson Bedgood Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Caldwell Carr Coker, G., Dr. Collins, J. F. Collins, M. Conner Crowe Davis Duncan, A. C. Etheridge Floyd Gibbons Griffin
Hale Hall Harrell Herndon Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lane Lee, G. B. Leonard Lewis, E. B. Lovett Matthews, C. Matthews, D. R. McClelland Mitchell Mixon NeSmith, J. D. Newton, A. S.
Newton, D. L. Phillips, L. L. Pickard Reaves Rhodes Rodgers, H. B. Ross Rowland Simmons Smith, E. B., Jr. Vaughn, C. R. Walker Ware Watkins Wells White Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 93. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to be entitled an Act to amend Chapter 68-6 of the Code of Georgia, concerning the regulation of "motor common carriers", so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor com mon carrier, and for other purposes.
240
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 Arnsdorff Balkcom
Ballard Barber Beck Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, Gene Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Colwell Conger Dailey Dean DeLoach DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight Laite Lee, F. S. Lewis, P. B. Looper Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith Odom Oglesby
Otwell Overby Pafford Page
Paris Parker Perry Peterson Phillips, G. S. Pope Poss Potts
Rainey Reid Richardson Roberts Rogers, Jimmie Roper Rush Russell Savage Sewell Shea Shuman Simkins Singer Smith, A. B. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
THURSDAY, JANUARY 21, 1965
241
Vaughn, C. R. Vaughan, D. N. Watson
Wiggins Williams, G. J. Williams, W. M.
Wilson
Those not voting were Messrs.:
Alien Anderson Bagby Bedgood Blalock Branch Brantley Brooks, Geo. B. Brown, M. P. Carr Coker, G., Dr. Collins, J. F. Collins, M. Conner Crowe Davis Dickinson Dorminy Etheridge Gibbons Griffis Hale
Hall Harrell Henderson Herndon Johnson, B. Jones, C. M. Jones, P. C. Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Lowrey Matthews, C. McClelland Mitchell Mixon NeSmith, J. D.
Newton, A. S. Newton, D. L. Phillips, L. L. Pickard Reaves Rhodes Rodgers, H. B. Ross Rowland Simmons Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Walker Ware Watkins Wells White Woodward Wright 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 94. By Messrs. Steis of Harris, Harris of DeKalb and others: A bill to be entitled an Act to amend Chapter 68-5 of the Code of Geor gia, concerning the regulation of "motor carriers", so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
242
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Arnsdorff Balkcom Ballard Barber Beck Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Dailey Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, P. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith Odom Oglesby Otwell Overby Pafford Page
Paris Parker Perry Peterson Phillips Poss Potts Rainey Richardson Roberts Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watson Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.:
Milhollin
Reid
THURSDAY, JANUARY 21, 1965
243
Those not voting were Messrs.:
Alien Anderson Bagby Bedgood Blalock Branch Brantley Brooks, Geo. B. Coker, G., Dr. Collins, J. P. Conner Crowe Davis Dickinson Etheridge Floyd Gibbons Griffis
Hale Hall Herndon Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Leonard Lewis, E. B. Lowrey Matthews, D. R. McClelland Mitchell NeSmith, J. D. Newton, A. S.
Newton, D. L. Phillips, L. L. Pickard Pope Reaves Rhodes Rodgers, H. B. Rowland Simpson Smith, E. B., Jr. Smith, V. T. Walker Ware Watkins Wells White Woodward Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 95. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to be entitled an Act to amend an Act authorizing certain foreign corporations, including banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation, and for other purposes.
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 Arnsdorff Balkcom Ballard Barber Beck
Black Blair Bolton Bowen, J. O. Brackin Brinkley Brooks, Wilson
Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr
244
JOURNAL OF THE HOUSE,
Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Dailey DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M.
Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nesmith, P. Odoni Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Poss
Potts Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Simkins Simmons Singer Smith, A. B. Smith, Chas. C. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negate was Mr. McDaniell.
Those not voting were Messrs.:
Alien Anderson
Bagby Bedgood Blalock Bowen, R. L.
Branch
Brantley Brooks, Geo. B. Coker, G., Dr. Collins, J. F. Conger Conner Crowe
Davis Dean Dorminy Etheridge Farrar Floyd Gibbons
Hale Hall Herndon Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Leonard Lewis, E. B. Lowrey
THURSDAY, JANUARY 21, 1965
246
Matthews, D. R. McClelland Mitchell Moore, J. H. Newton, A. S. Newton, D. L. Phillips, L. L. Pickard Pope Rainey Reaves Rhodes Rodgers, H. B.
Rowland Shuman Simpson Smith, E. B., Jr. Smith, G. L. II Tabb Vaughn, C. R. Walker Ware Watkins Wells Woodward Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 96. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to be entitled an Act to amend an Act providing for services of process upon carnivals, circuses, road shows, tent shows, and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a show, and for other purposes.
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 Arnsdorff Balkcom Ballard Barber Beck Black Blair Bolton Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Dailey Davis
DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Evans Flynt Fulford Gary Grahl Griffin Griffis
246
JOURNAL OF THE HOUSE,
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken
McDaniell McKemie McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Poss Potts Reid Richardson Roberts Rogers, Jimrnie Roper Ross Rush Russell
Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negative were Messrs.: Conner and Pafford
Those not voting were Messrs.:
Alien Anderson Bagby Bedgood Blalock, D. B. Bowen, R. L. Branch Brantley, H. L. Brooks, Geo. B. Coker, G., Dr.
Collins, J. F. Crowe Dean Dorminy Dunwody
Etheridge Farrar Floyd Gibbons Hale Hall Jessup Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Knight, D. W. Laite Lambert Lane
Lee, G. B. Leonard Lewis, E. B. Matthews, D. R. McClelland Milhollin Mitchell Moore, J. H. Newton, A. S. Newton, D. L. Phillips, L. L. Pickard Pope Rainey Reaves
THURSDAY, JANUARY 21, 1965
247
Rhodes Rodgers, H. B. Rowland Shuman Smith, E. B., Jr.
Smith, G. L. II Spikes Tidwell Walker Ware
Watkins Wells Woodward Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 63. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations, and for other purposes.
Mr. McCracken of Jefferson asked unanimous consent to add the word "reasonable" in Section 56-1608, third line, between the words "such" and "rules" and the consent was granted.
The following Committee amendment was read and adopted:
The Committee on Insurance moves to amend HB 63 as follows:
By striking from Subsection (b) of Section 56-1519.1, which Sec tion is quoted in Section 2 of said Bill, the following phrase:
"or to refrain from giving",
so that when so amended Subsection (b) of Section 56-1519.1 shall read as follows:
"(b) No person and no domestic insurer or any director, offi cer or employee of such insurer shall solicit or permit the use of his name to solicit, by mail or otherwise, any person to give any proxy, consent or authorization in respect of any voting security issued by such insurer in contravention of any rule or regulation the Commissioner may prescribe pursuant to this Section 56-1519.1."
By striking from Subsection (c) of Section 56-1519.1, which Section is quoted in Section 3 of said Bill, the word "of" as it appears between the words "days" and "the" and substituting in lieu thereof the word "after", and by striking from said Subsection the following, ", consent or authorization was effected,", and substituting in lieu thereof the
248
JOURNAL OF THE HOUSE,
following, "was east or counted", so that when so amended Subsection (c) shall read as follows:
"(c) Failure to comply with any rule or regulation of the Commissioner made pursuant to this section shall be unlawful. Any domestic insurer or any person (who is legally entitled to vote, consent or authorize by virtue of being the holder of record of such a voting security) or the Commissioner, if any of the fore going parties shall fail to act within 15 days after the date on which such vote was cast or counted may enforce compliance with the rules and regulations made pursuant to this section, by appro priate action in law or equity, provided, however, no suit shall be brought more than 30 days after the date on which such vote, consent or authorization was to have been effected."
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 Balkcom Ballard Barber Beck Black Blair Bowen, J. O. Brinkley Brown, Gene Busbee Carr Clarke, H. G. Coker, R . Colwell Conger Conner Dailey DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Flynt
Grahl Griffin Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lambert Lee, F. S. Leonard Looper Maddox Matthews, C. Mauldin McCracken McDaniell Melton Merritt
Moore, J. H. Moses Odom Oglesby Overby Pafford Page Perry Peterson Phillips, G. S. Pickard Poss Reid Richardson Roberts Rogers, Jimmie Ross Russell Savage Sewell Shea Simkins Simmons Smith, J. R. Snow Spikes Spillers Stalnaker
Steis Strickland Sweat Tabb Thomas Thomason
THURSDAY, JANUARY 21, 1965
249
Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watson
Wells Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.
Acree Bowen, R. L. Brackin Brown, M. P. Bynum Byrd Collins, J. F. Deloach Dickinson Dorminy
Griffis Kelly Knight, W. D. Lowrey Milhollin Minge Mixon Moore, Don C. Murphy
Nessmith, P. Paris Potts Rainey Shuman Smith, Chas. C. Story Wigging Williams, G. J.
Those not voting were Messrs.:
Alien Anderson Arnsdorff Bagby Bedgood Blalock Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Clark, J. T. Coker, G., Dr. Collins, M. Crowe Davis Dean Evans Floyd Fulford Gary Gibbons Hale Hall
Harrell Harrington Harris, R. W. Howell Hull Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Luke Marshall Matthews, D. R. Mauney McClelland McKemie McRae Mitchell Moate NeSmith, J. D.
Newton, A. S. Newton, D. L. Otwell Parker Phillips, L. L. Pope Reaves Rhodes Rodgers, H. B. Roper Rowland Rush Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Vaughn, C. R. Walker Ware Watkins White Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 100, nays 28.
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The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. McCracken of Jefferson served notice that at the proper time he would ask that the House reconsider its action in failing to give the requisite con stitutional majority to HB 63.
Mr. Murphy of Haralson arose on a point of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropri ations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, and others:
A Bill to be entitled an Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the opera tion of the agencies of the State provided for herein and the purposes provided for herein, and for other purposes.
The following Senate amendment was read:
The Senate appropriations Committee moves to amend HB 1, as follows:
THURSDAY, JANUARY 21, 1965
251
By renumbering Section 5 through 21 as Sections 6 through 22, respectively;
By inserting a new Section 5 to read as follows:
"Section 5
"Family and Children Services, Department of
1964-1965 __.......-__..._-_.._.-_-___......_....._..__._....._..____$37,000.00 Provided, that the above sum shall be expended as operating ex penses to investigate and provide old age assistance to approxi mately 400 senior citizens at the Milledgeville State Hospital, who shall be added to the old age assistance list at the rate of approxi mately 100 per month for four months, beginning in March, 1965.";
and
By striking from the end of renumbered Section 21, the figure "$4,025,125.00" and inserting in lieu thereof the figure "$4,062,125.00.".
Mr. Vaughn of Rockdale moved that the House agree to the Senate amend ment to HB 1.
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 Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B.
Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Dailey Davis Dean
Deloach DeVane Dickinson Dixon Dollar Duncan, V. W. Dunwody Evans Farrar Flynt Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Harris, R. W.
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JOURNAL OF THE HOUSE,
Henderson Herndon Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie
McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rush Russell Savage Sewell
Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V .T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells White Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Alien Blalock Branch Caldwell Coker, G., Dr. Crowe Dorminy Doster Duncan, A. C. Etheridge Floyd Gibbons Hale
Hall Harrell Holder Jones, C. M. Jordan, W. H. Knight, D. W. Lewis, E. B. Lovett McClelland Milhollin Mitchell Newton, A. S. Otwell
Pope Rainey Reaves Rhodes Roper Rowland Smith, G. L. II Ware Watkins Williams, W. M. Woodward Mr. Speaker
On the motion to agree, the ayes were 167, nays 0.
THURSDAY, JANUARY 21, 1965
253
The Senate amendment to HB 1 was agreed to.
Mr. Floyd of Chattooga 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 the motion to agree to the Senate amendment on HB 1.
The following Resolutions of the House were read and adopted:
HR 111. By Messrs. Matthews and Bedgood of Clarke:
A RESOLUTION
A Resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, sched uled for February 11-13.
WHEREAS, the interest of alumni in institutions of learning has been a vital factor in the gratifying progress of education in the nation and in Georgia and,
WHEREAS, the Alumni Society of the University of Georgia has compiled, over the years, a record of constructive service to the Uni versity and to the people of Georgia and,
WHEREAS, through the efforts of alumni, business and industrial firms of Georgia, a dedicated faculty, taxpayers, public officials and the General Assembly of Georgia, the University of Georgia has grown significantly in academic stature and,
WHEREAS, the Alumni Society of the University of Georgia has planned, for the weekend of February 11-13, at the Center for Con tinuing Education on the University campus, a worthwhile Seminar for its members and others and,
WHEREAS, this Seminar will offer to those in attendance, in cluding members of this General Assembly who are alumni of the Uni versity of Georgia, a valuable program of intellectual stimulation and reunion pleasures, and,
WHEREAS, the General Assembly is interested in promoting the welfare of the University of Georgia in and giving support to all con structive activities of its Alumni Society,
NOW, THEREFORE BE IT RESOLVED, that the General As sembly of Georgia does hereby commend the Alumni Society of the University of Georgia for its initiative and dedication in making this Seminar available to its members and,
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JOURNAL OP THE HOUSE,
BE IT FURTHER RESOLVED, that this General Assembly urges all alumni of the University of Georgia, including those who are mem bers hereof, to give full and enthusiastic support to the Seminar through their attendance and participation.
HR 112. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to the House Appropriations Committee; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that during the period between the first and second portions of the Regular 1965 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 State Auditor is hereby authorized and directed to attend the meetings of the Committee in order to advise and consult with the Committee and members thereof. The Speaker, the Speaker Pro Tern, the Administration Floor Leader, Assistant Administration Floor Leaders, the Chairman of the Judiciary Committee, the Chairman of the Ways and Means Committee, the Vice-Chairman of the Ways and Means Committee, and the Chairman of the University of Georgia 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, except the Auditor, shall receive 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 50. By Mr. Smith of Grady:
A RESOLUTION
Creating a committee to study county matters; and for other purposes.
WHEREAS, a Resolution proposing an amendment to the Con stitution which would authorize home rule for counties has been intro duced in this session for the General Assembly; and
WHEREAS, in connection therewith there are other matter rela tive to counties which should be studied;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to
THURSDAY, JANUARY 21, 1965
255
be composed of five members of the House to be appointed by the Speaker for the purpose of studying the aforesaid Resolution relative to home rule for counties which has been introduced and other matters relative to counties, including, but not limited to, county powers, county commissioners and other county officers. The committee is authorized to meet for the purpose of such study during the period between the first and second portions of the regular 1965 session. During such period of time, the members of the committee shall receive the com pensation, per diem, expenses and allowances authorized for legisla tive members of interim legislative committees, plus mileage for not more than two round trips to and from their homes and the Capitol. The committee is authorized to meet after such period of time, but shall receive no additional compensation, per diem, expenses and allow ances therefor. The funds necessary to effectuate the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government. The committee shall stand abolished upon the adjournment of the regular 1965 session of the General Assembly.
HR 39. By Messrs. Lowrey and Minge of Floyd:
A RESOLUTION
Creating a committee to study the Motor Vehicle Inspection Law; and for other purposes.
WHEREAS, the Motor Vehicle Inspection Law has received con siderable publicity in recent weeks; and
WHEREAS, the members of this body believe that an objective study of the law should be made to determine if the intention of the legislature is being carried out.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of 7 members of the House of Representatives to be appointed by the Speaker. The committee shall undertake a thorough examina tion of the Motor Vehicle Inspection Law to determine if the intention of the legislature concerning such law is being carried out. The com mittee shall make a report of its findings on or before February 8, 1965, on which date the committee shall stand abolished. The commit tee shall be authorized to conduct this study during the two weeks recess while the Appropriations Committee of the House of Repre sentatives is considering the Appropriations Bill. The committee members shall receive the compensation, per diem, expenses and al lowances which are authorized for members of interim legislative com mittees. 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.
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JOURNAL OF THE HOUSE,
The Speaker appointed the following members:
Messrs. Williams of Hall, Matthews of Colquitt, Shuman of Bryan, Anderson of Pulaski, Johnson of Warren, Minge of Floyd and Harrell of Fayette.
Mr. Bolton of Spalding moved that this 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.
FRIDAY, JANUARY 22, 1965
257
Representative Hall, Atlanta, Georgia
Friday, January 22, 1965
The House met pursuant to adjournment at 10:00 o'clock a.m. this day and was called to order by the Speaker.
The following prayer was offered by Rev. George Green, Asst. Pastor, 1st Methodist Church, Decatur, Georgia:
Almighty and Eternal God, from whom we come, by whom we are sustained, and to whom we hope to return, hear our prayer as we begin this day. We know not what this day may bring forth, we know not what problems we must face, but we do know that with thy help we can live in such a way that will bring honor and glory to this assembly, this state, and to ourselves.
We pray, Our Father, that Thou would bless our state and each person who is a member of this august body. May we be always ready to be still and listen to the still small voice that directs life, and may we deliberate the matters of state with a cool head and a warm heart, and may Thou will be done. Bless we pray the Governor and those who advise him that their leadership might be guided by Thy hand.
Now Father, we ask that you would forgive us for the times we have fallen short of being the kind of person we ought to have been. We ask not only for forgiveness, but we ask for strength as well that we might stand firm with that which we know is right, and that we might not falter where we have fallen before, but that we might be worthy of being thy children.
Now we lay these our petitions at Thy feet, and we ask that You would grant them according to Thy will, for we know that joy can be ours only when we live according to Thy will, for we pray in the name of Jesus Christ, our Lord. . . . Amen
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimaus consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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JOURNAL OF THE HOUSE,
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:
HB 135. By Mr. Smith of Telfair: A Bill to be entitled an Act to amend the City Charter of the City of Milan so as to provide an election code therefor; and for other purposes.
Referred to the Committee on Local Affairs.
HR 106-135. By Mr. Smith of Telfair: A Resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 136. By Mr. Spillers of Newton:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, JANUARY 22, 1965
259
HB 137. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 138. By Mr. Crowe of Worth: A Bill to be entitled an Act to amend an Act approved June 30, 1964, 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 Sylvester", so as to repeal Section 5-19, relating to the Council of the City of Sylvester; and for other purposes.
Referred to the Committee on Local Affairs.
HR 107-138. By Mr. Spillers of Newton: A Resolution proposing an amendment to the Constitution, so as to provide for the apportionment of the House of Representatives sa nearly as practicable on the basis of population; and for other purposes.
Referred to the Committee on Judiciary.
HR 108-138. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 139. By Mrs. Merritt and Mr. Blair of Sumter: A Bill to be entitled an Act to provide for the terms of the Superior Court of Sumter County; and for other purposes.
Referred to the Committee on Judiciary.
HR 110-139. By Mrs. Merritt and Mr. Blair of Sumter: A Resolution authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes.
Referred to the Committee on State Institutions and Property.
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JOURNAL OF THE HOUSE,
HB 140. By Messrs. Lane of Bulloch, Bowen of Dooly, Knight of Laurens, Leonard of Murray, Rogers of Long, Underwood of Taylor and others:
A Bill to be entitled an Act to fix the salaries of the Governor, the Attorney General, the Commissioner of Agriculture, the Commissioner of Labor, the Comptroller General, the Secretary of State, the State Superintendent of Schools, the State Treasurer, each member of the Public Service Commission, and the Lieutenant Governor; and for other purposes.
Referred to the Committee on Ways and Means.
HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley, Black of Webster, Singer of Stewart and Savage of Macon:
A Bill to be entitled an Act to amend an Act placing the Solicitor General of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor General of the Southwestern Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.
HB 142. By Messrs. Smith of Glynn, Brown of Bacon, Houston of Pierce, Thomas of Wayne and Rogers of Long:
A Bill to be entitled an Act to amend Code Section 27-901, relating to the granting of bail for criminal offenses, so as to provide that the bail shall continue during trial; and for other purposes.
Referred to the Committee on Judiciary.
HB 143. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, Evans of McDuffie, Lewis of Burke, Grahl of Peach, Flynt of Taliaferro and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for the appoint ment as Judge Emeritus of certain former judges who are totally dis abled ; and for other purposes.
Referred to the Committee on Ways and Means.
FRIDAY, JANUARY 22, 1965
261
HB 145. By Mr. Wells of Oconee:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 146. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 147. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; 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 124. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, so as to prohibit certain members who take refunds from subsequently becoming members of the Fund; and for other purposes.
HB 125. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act creating the "Sheriff's Retirement Fund of Georgia", so as to rewrite and clarify Section 10 of said Act which provides for the amount and method of payments to said Fund; nd for other purposes.
HB 126. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglas, so as to authorize the governing authority of said City to close portions of certain streets; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 127. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary to the Clerk of the Superior Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes.
HB 128. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend an Act creating the office of the Georgia Safety Fire Commissioner and vesting said officer with the power and duty to enforce the laws in regard thereto; and for other purposes.
HB 129. By Messrs. Abney and Snow of Walker:
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 no person shall stand in a roadway, or upon the right-of-way thereof, or its im mediate vicinity and in any manner solicit a ride from the driver of any vehicle; and for other purposes.
HB 130. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act; and for other purposes.
HB 131. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond; and for other purposes.
HB 132. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; and for other purposes.
HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall, Poss of Madison, Rowland of Johnson, Simpson of Wheeler, Smith of Whitfield, Steis of Harris and others:
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 change
FRIDAY, JANUARY 22, 1965
263
the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said Act; and for other purposes.
HR 101-133. By Messrs. Brooks of Pulton and Harris of DeKalb:
A Resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for other pur poses.
HR 102-133. By Mr. Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein; and for other purposes.
HR 103-133. By Mr. Milhollin of Coffee:
A Resolution to designate the "Seventeen Mile River"; and for other purposes.
HR 105-133. By Mr. Houston of Pierce:
A Resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Author ity; and for other purposes.
HB 134. By Mr. Dixon of Ware:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net in come in determining State income taxes, so as to allow personal exemp tion of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the taxpayer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes.
Mr. Chandler of Baldwin County, Chairman of the Committee on State Institutions and Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Properties has had under con sideration the following Resolutions of the House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
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JOURNAL OF THE HOUSE,
HR 15-21. Do Pass as Amended.
HR 28-43. Do Pass.
Respectfully submitted,
Chandler of Baldwin, 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 Senate to wit:
SR 18. By Senator Plunkett of the 30th:
A Resolution commending Honorable J. Ebb Duncan; and for other purposes.
SR 24. By Senator Jackson of the 16th:
A Resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing proposed State Songs; and for other purposes.
SB 12. By Senator Plunkett of the 30th:
A Bill to Act to amend Code Section 34-1321, relating to the count and return of votes in election districts in which ballots are used; and for other purposes.
SB 13. By Senator Plunkett of the 30th: A Bill to amend Code Section 34-1406, relating to the procedure for voting absentee ballots in primaries and elections; and for other pur poses.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
FRIDAY, JANUARY 22, 1965
265
HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk, and Moses of Montgomery:
A Bill to amend an Act entitled "An Act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties;" and for other purposes.
HR 72. By Mr. Lambert of Morgan:
A Resolution commending Corporal A. H. Hopkins and Trooper J. L. Hawkins of the Georgia State Patrol; and for other purposes.
HR 73. By Mr. Murphy of Haralson:
A Resolution relative to the members of the Greater Atlanta Jaycees challenging the members of the General Assembly to a basketball game; and for other purposes.
HR 96. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes.
HR 97. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 12. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Section 34-1321 relating to the count and return of votes in election districts in which ballots are used; and for other purposes.
Referred to the Committee on Special Judiciary.
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JOURNAL OF THE HOUSE,
SB 13. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Section 34-1406 relating to the procedure for voting absentee ballots in primaries and elections; and for other purposes.
Referred to the Committee on Special Judiciary.
Mr. Bolton of Spalding asked unanimaus consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 63. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes.
The consent was granted and the House has reconsidered.
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 100. By Messrs. Smith of Grady, Conger and Dollar of Decatur:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Grady 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.
The following Resolutions of the House and Senate were read and adopted:
FRIDAY, JANUARY 22, 1965
267
SR 24. By Senator Jackson of the 16th:
A RESOLUTION
Calling a joint session of the Senate and the House of Representa tives for the purpose of hearing proposed State Songs; and for other purposes.
WHEREAS, two Resolutions have been introduced proposing the adoption of new State Songs; one Resolution being introduced in the Senate by Senator Harry C. Jackson of the 16th District, proposing the adoption of the song "Georgia the Majestic" as the official State Song; the other being introduced in the House by Representative David Newton of Colquitt County, proposing the adoption of the song "Georgia Is The State For Me" as the official State Song; and
WHEREAS, it would be highly advantageous for the members of the General Assembly to hear both of these songs in order that they might more intelligently cast their votes for one or the other; and
WHEREAS, arrangements have been made for the Girls Ensemble of Columbus High School to sing "Georgia the Majestic", and the Serenaders Choir of Moultrie High School to sing "Georgia Is The State For Me," both of these choral groups possessing outstanding ability;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and the House of Representatives is hereby called for Tuesday, February 9, 1965, at 11:00 o'clock A. M. in the Hall of the House of Representa tives, for the purpose of hearing the aforesaid groups sing the two songs which have been proposed for adoption as the official State Song and other selections.
BE IT FURTHER RESOLVED that the President of the Senate, the Speaker of the House of Representatives, Senator Jackson of the 16th, and Representative Newton of Colquitt County, are hereby au thorized to make whatever arrangements are necessary to effectuate 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 the afore said groups.
SR 18. By Senator Plunkett of the 30th:
A RESOLUTION
Commending Honorable J. Ebb Duncan upon being named Carrollton's Man of the Year for 1965; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, Honorable J. Ebb Duncan of Carrollton, Carroll Coun ty, Georgia, has been named Carrollton's Man of the Year for 1965 by members of the civic clubs of Carrollton, Georgia; and
WHEREAS, he was born February 18, 1909, in Douglasville, Doug las County, Georgia; and
WHEREAS, his wife is the former Antionette Talmadge Tyus; and
WHEREAS, he is the father of three sons, Robert T., Richard Alien and J. Ebb, Jr.; and
WHEREAS, in addition to being a devoted husband and father, Mr. Duncan is a business executive, devoted public servant, statesman, civic leader and public spirited citizen; and
WHEREAS, he was a member of the House of Representatives of the State of Georgia from Carroll County for eight consecutive terms during the administrations of Governors Herman E. Talmadge, S. Marvin Griffin, S. Ernest Vandiver and Carl E. Sanders; and
WHEREAS, his dedication to public and higher education in Geor gia can never be over-emphasized; and
WHEREAS, during recent crises, he was one of the first citizens of this great State to advocate that the public schools of Georgia and the institutions of higher education in Georgia must never be closed even on a temporary basis; and
WHEREAS, his religious affiliations include membership on the official board of the First Methodist Church of Carrollton, Georgia; and
WHEREAS, it is only fit and proper that this body recognizes the accomplishments of this great Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body, in regular session assem bled, does hereby recognize the Honorable J. Ebb Duncan, a former member of the House of Representatives of Georgia and a most dis tinguished Georgian for his many accomplishments.
BE IT FURTHER RESOLVED that this body does hereby com mend Honorable J. Ebb Duncan for being named Carrollton's Man of the Year for 1965 and wish him every success in all his future
endeavors.
BE IT FURTHER RESOLVED that the Secretary of the Senate and the Clerk of the House of Representatives are hereby authorized and directed to place an appropriate copy of this Resolution in the respective Journals of the Senate and House of Representatives and
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269
that the Secretary of the Senate is further authorized and directed to forward an appropriate copy of this Resolution to Honorable J. Ebb Duncan.
HR 113. By Mr. Smith of Grady:
A RESOLUTION
Amending House Resolution No. 50, creating a committee to study county matters; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that House Resolution No. 50, previously adopted by the House of Repre sentatives at the regular 1965 session, which Resolution created a com mittee to study county matters is hereby amended by striking from the last paragraph the word "five", and inserting in lieu thereof the word "twelve".
The Speaker appointed the following members:
Messrs. Herndon of Appling, Paris of Barrow, McKemie of Clay, Hudgins of Chattahoochee, Howell of Early, Murphy of Haralson, NeSmith of Meriwether, Leonard of Murray, Moore of Stephens, Under wood of Taylor, Snow of Walker and Black of Webster.
HR 114. By Mr. Matthews of Colquitt:
A RESOLUTION
Extending an invitation to Honorable Edward W. Hiles to address the House of Representatives; and for other purposes.
WHEREAS, Mr. Hiles has been making an excellent speech before civic organizations all over Georgia; and
WHEREAS, Mr. Hiles' enlightening and informative speech is entitled "What Is Happening to the Spirit of America?"; and
WHEREAS, it is the desire of the members of this body to hear this outstanding Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Edward W. Hiles is hereby extended a most cordial invitation to address the House of Representa tives at 11:00 a.m. on February 9, 1965.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to Honorable Edward W. Hiles.
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HR 115. By Mr. Smith of Grady:
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 10:45 O'clock A.M., Friday, January 22, 1965, and reconvene at 10:00 O'clock A.M., Monday, Feb ruary 8, 1965.
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 70. By Mr. Busbee of Dougherty:
A Bill to amend an Act abolishing the Justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate, to wit:
HR 98. By Messrs. Abney and Snow of Walker:
A Resolution commending Trooper W. E. Dodd of the Georgia State Patrol; and for other purposes.
HR 99. By Messrs. Floyd of Chattooga, Brown of Bacon and others:
A Resolution relative to closing the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes.
FRIDAY, JANUARY 22, 1965
271
HR 111. By Messrs. Matthews and Bedgood of Clarke:
A Resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for Feb. 11-13; and for other purposes.
HR 115. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution relative to the adjournment of the General Assembly; and for other purposes.
SB 5. By Senator Sanders of the 41st:
A Bill to amend the charter of the City of Lithonia, and the several Acts amendatory thereof by providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes.
SB 17. By Senators Johnson of the 38th, Salome of the 36th and others:
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.
SB 18. By Senators Ward of the 39th, Johnson of the 38th and others:
A Bill to amend the Act approved Aug. 20, 1927, (Ga. L. 1927, et. seq.), to provide pensions to officers and employees of cities with population of more than 150,000 as disclosed by U. S. census of 1920; and for other purposes.
SB 19. By Senators Thompson of the 34th, Ward of the 39th 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 20. By Senators Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to amend an Act approved February 15, 1933, providing for pensions for members of police departments in cities having a popula tion of 150,000 or more; and for other purposes.
HB 3. By Mr. Balkcom of Quitman:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Quitman County, so as to provide for the election of
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commissioners from the county at large; to change the requirements relative to purchases; and for other purposes.
HB 4. By Mr. Balkcom of Quitman:
A Bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the terms of office of the mayor and councilmen; to number posts on the council; and for other purposes.
HB 1. By Mr. Smith of Telfair:
A Bill to abolish the present mode of compensating the sheriff of Telfair County, known as the fee system; and for other purposes.
HB 8. By Mr. Smith of Telfair:
A Bill to amend an Act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner and for other purposes.
HB 10. By Mr. McRae of Talbot:
A Bill to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes.
HB 17. By Mr. Simpson of Wheeler:
A Bill to abolish the present mode of compensating the sheriff of Wheeler County, known as the fee system; and for other purposes.
HB 18. By Mr. Brown of Hart:
A Bill to amend an Act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to estab lish and maintain a law library for the use of the judges, solicitors and other court officials of any such county; and for other purposes.
HB 19. By Mr. Coker of Turner:
A Bill to abolish the present mode of compensating the sheriff of Turner County, known as the fee system; and for other purposes.
HB 20. By Mr. Knight of Berrien:
A Bill to abolish the present mode of compensating the sheriff of Berrien County, known as the fee system; and for other purposes.
FRIDAY, JANUARY 22, 1965
273
HB 26. By Mr. Hall of Lee:
A Bill to amend an Act providing for a charter for the City of Smithville, so as to provide the time and manner of the registration of voters to vote in elections; and for other purposes.
HB 31. By Mr. Dean of Polk:
A Bill to create the Rockmart Development Authority; and for other purposes.
HB 33. By Mr. Bowen of Dooly:
A Bill to amend an Act found in Georgia Laws 1920, creating a charter for the city of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits; and for other purposes.
HB 36. By Messrs. Mixon of Irwin, Alien of Tift and others:
A Bill to change the terms of the Superior Court of Irwin County; and for other purposes.
HB 37. By Messrs. Ware and Spikes of Troup:
A Bill to amend an Act creating a new charter for the City of LaGrange, so as to provide that any person holding office under the City of LaGrange shall not be capable of contracting with the City unless such contract is the result of bona fide competitive bidding; and for other purposes.
HB 38. By Messrs. Ware and Spikes of Troup:
A Bill to amend an Act creating a new charter for the City of LaGrange so as to provide for a tax increase for the years 1965 and 1966; and for other purposes.
HB 39. By Messrs. Ware and Spikes of Troup:
A Bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the City of LaGrange to provide group in surance for its employes and to provide for the payment of the premiums thereon; and for other purposes.
HB 40. By Messrs. Lee and Gary of Clayton: A Bill to authorize the governing authority of Clayton County to
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adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes.
HB 46. By Mr. Savage of Macon:
A Bill providing a charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes.
HB 49. By Mr. Irvin of Habersham:
A Bill to place the sheriff of Habersham County upon an annual salary; and for other purposes.
HB 71. By Mr. Walker of Lowndes:
A Bill to amend Code Section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain ex ceptions relative to vacancies occurring during 1965; and for other purposes.
The following Bill of the House was taken up the purpose of considering the Senate substitute thereto:
HB 70. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act abolishing the justice of the peace courts in Dougherty County, approved March 10, 1964 (Ga. Laws 1964, p. 2593), so as to provide for the filling of a vacancy in the office of the justice of the peace "6f the 1097th Militia District of Dougherty County if a vacancy should occur prior to June 1, 1965; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, JANUARY 22, 1965
275
SECTION 1.
An Act abolishing the justice of the peace courts in Dougherty County, approved March 10, 1964 (Ga. Laws 1964, p. 2593), is hereby amended by adding at the end of Section 1 the following:
"Provided, however, that in the event a vacancy occurs in the office of the justice of the peace for the 1097th Militia District of Dougherty County prior to June 1, 1965, said vacancy shall be filled in accordance with the provisions of Code Section 24-406."
so that when so amended Section 1 shall read as follows:
"Section 1. From and after the date of approval of this Act or it otherwise becomes law, no justice of the peace shall be elected in Dougherty County nor shall any notary public ex-officio justice of the peace be appointed in Dougherty County. The offices of justice of the peace and justice courts and the offices of notary public ex-officio justice of the peace and their courts in Dougherty County are hereby abolished effective upon the expiration of the term to which each incumbent may have been appointed or elected or upon their death or resignation, whichever first occurs. The offices of constable in Dougherty County are hereby abolished ef fective the date on which the court they serve is abolished. Pro vided, however, that in the event a vacancy occurs in the office of the justice of the peace for the 1097th Militia District of Dougherty County prior to June 1, 1965, said vacancy shall be filled in accordance with the provisions of Code Section 24-406."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Odom of Dougherty moved that the House agree to the Senate substitute to HB 70.
On the motion to agree, the ayes were 112, nays 0.
The House has agreed to the Senate substitute to HB 70.
In accordance with HR 115, the Speaker announced the House adjourned until 10:00 o'clock Monday morning, February 8, 1965.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia
Monday, February 8, 1965.
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Jon Pirtle, Pastor, Peachtree Baptist Church, Atlanta, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe
Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A .0. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B.
Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses
Murphy NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Oglesby Overby Pafford Page Paris
Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson
MONDAY, FEBRUARY 8, 1965
277
Roberts Rogers, Jimmie Roper Ross
Rush Russell Savage Sewell Shea Shuman Simkins
Simmons Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland
Sweat Tabb Thomas Thomason
Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker
Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson, Hoke Woodward Wright
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
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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 148. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that all funds, except those for capital outlay purposes, appropriated by the General Assembly, shall be allocated to each local unit of administration in support of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Ways and Means.
HB 149. By Mr. Richardson of Chatham:
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 expendi tures of funds by the highway board; and for other purposes.
Referred to the Committee on Ways and Means.
HR 116-149. By Mr. Richardson of Chatham:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the various counties and munici palities to enact planning and zoning ordinances for public safety, his toric, health, business, residential and recreational purposes; and for other purposes.
Referred to the Committee on Judiciary.
HR 117-149. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Savannah Port Authority"; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 150. By Mr. Conger of Decatur: A Bill to be entitled an Act to amend an Act authorizing the chartering
MONDAY, FEBRUARY 8, 1965
279
and empowering of corporations, and amending, revising and perfect ing the present corporation laws of this State, so as to provide that the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered by the Superintendent of Banks as provided by law shall not be used in the name of a corporation chartered under said Act; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 151. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to pro vide for the purchase of capital stock in bank service corporations; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 152. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2015, pertaining to limitations on investment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits sub ject to check, shall lend upon real estate held as investment; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 153. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that when ever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 154. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 26-27, relating to offenses committed by the use of deceitful means and artful practices, so as to provide that it shall be unlawful for any person, firm, associa tion or corporation with knowledge that another has made or caused to be made a materially false statement in writing; and for other purposes.
Referred to the Committee on Banks and Banking.
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JOURNAL OF THE HOUSE,
HB 155. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 26-74, relating to offenses committed by the use of deceitful means and artful practices, so as to provide that it shall be unlawful for any person, firm, associa tion or corporation to make or cause to be made any materially false statement in writing; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 156. By Mr. Poss of Madison:
A Bill to be entitled an Act to amend an Act incorporating the City of Colbert, in the County of Madison, by creating a new charter; and for other purposes.
Referred to the Committee on Local Affairs.
HB 157. By Mr. Poss of Madison: A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Madison County known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 158. By Mr. Poss of Madison: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Madison County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 159. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, the Tax Commis sioner and the Coroner of Madison County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on Local Affairs.
HB 160. By Mr. Brown of Hart: A Bill to be entitled an Act to abolish the present mode of compensat-
MONDAY, FEBRUARY 8, 1965
281
ing the Sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 161. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges for Hart County and Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 162. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Coroner of Hart County, known as the Fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said Act shall be limited to the sole purpose of determining the cause of death; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 164. By Mr. Grahl of Peach:
A Bill to be entitled an Act to abolish the office of treasurer of Peach County; to provide for the transfer of the deputies of said office to the governing authority of Peach County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 165. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 114-106, relating to settlements between employers and employees under the workmen's compensation laws, so as to change the provisions thereof relative to settlements; and for other purposes.
Referred to the Committee on Industrial Relations.
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JOURNAL OF THE HOUSE,
HB 166. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize pretrial and trial procedures in civil cases in the superior courts and constitutional city courts; and for other purposes.
Referred to the Committee on Judiciary.
HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes.
Referred to the Committee on Judiciary.
HB 168. By Messrs. Snow of Walker, Murphy of Haralson, Leonard of Murray, Underwood of Taylor, Howell of Early, Paris of Barrow, Hudgins of Chattahoochee, Moore of Stephens, Herndon of Appling and Black of Webster:
A Bill to be entitled an Act to amend Code Title 92 relating to Public Revenue, so as to remove the limitations on taxes which counties are authorized to levy and collect for specific purposes; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lownes:
A Bill to be entitled an Act to amend Code Section 24-2727 relating to the fees allowed clerks of the Superior Courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes.
Referred to the Committee on Judiciary.
HB 170. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge proc hac vice presides in the trial of any case,
MONDAY, FEBRUARY 8, 1965
283
such judge may issue orders, and herein determine all motions for new trial, etc.; and for other purposes.
Referred to the Committee on Judiciary.
HB 171. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the charter of the City of Dawson relating to the compensation of the mayor and councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 172. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connection therewith; and for other purposes.
Referred to the Committee on Local Affairs.
HB 173. By Mr. Htuchinson of Dougherty:
A Bill to be entitled an Act to provide a system under which any City, incorporated town or county in the State of Georgia, may drain, grade, pave, repave, resurface and otherwise improve any street, avenue, lane, alley or other public way; appraise, apportion and assess the costs thereof; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 174. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; to provide for prior credit for certain peace officers; and for other purposes.
Referred to the Committee on Judiciary.
HB 175. By Mr. Marshall of Putnam:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chairman and the members; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 176. By Mr. Marshall of Putnam:
A Bill to be entitled an Act to place the Coroner of Putnam County upon a monthly salary in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 177. By Mr. Grahl of Peach:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Valley as the City of Fort Valley, so as to provide for num bered city council posts for the utilities commission; and for other purposes. Referred to the Committee on Local Affairs.
Mr. Rhodes of Baker asked unanimous consent that the Rules be suspended in order that the following Bill of the House could be read for the first time and referred to the Committee:
HB 178. By Mr. Rhodes of Baker: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Baker County; and for other purposes.
The consent was granted and HB 178 was referred to the Committee on Local Affairs.
Mr. Johnson of Elbert asked unanimous consent that the following Bill of the House be withdrawn from further consideration:
HB 123. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert", so as to prescribe the duties of the chairman of the Board; and for other pur poses. The consent was granted and HB 123 was withdrawn from further con sideration.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 135. By Mr. Smith of Telfair: A Bill to be entitled an Act to amend the City Charter of the City of
MONDAY, FEBRUARY 8, 1965
285
Milan so as to provide an election code therefor; and for other pur poses.
HR 106-135. By Mr. Smith of Telfair:
A Resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes.
HB 136. By Mr. Spillers of Newton:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
HB 137. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes.
HB 138. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act approved June 30, 1964, 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 Sylvester", so as to repeal Section 5-19, relating to the Council of the City of Sylvester; and for other purposes.
HR 107-138. By Mr. Spillers of Newton:
A Resolution proposing an amendment to the Constitution, so as to provide for the apportionment of the House of Representatives as nearly as practicable on the basis of population; and for other purposes.
HR 108-138. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other pur poses.
HB 139. By Mrs. Merritt and Mr. Blair of Sumter:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Sumter County; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 110-139. By Mrs. Merritt and Mr. Blair of Sumter:
A Resolution authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes.
HB 140. By Messrs. Lane of Bulloch, Bowen of Dooly, Knight of Laurens, Leonard of Murray, Rogers of Long, Underwood of Taylor and others:
A Bill to be entitled an Act to fix the salaries of the Governor, the Attorney General, the Commissioner of Agriculture, the Commissioner of Labor, the Comptroller General, the Secretary of State, the State Superintendent of Schools, the State Treasurer, each member of the Public Service Commission, and the Lieutenant Governor; and for other purposes.
HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley, Black of Webster, Singer of Stewart and Savage of Macon:
A Bill to be entitled an Act to amend an Act placing the Solicitor General of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor General of the Southwestern Judicial Circuit; and for other purposes.
HB 142. By Messrs. Smith of Glynn, Brown of Bacon, Houston of Pierce, Thomas of Wayne and Rogers of Long:
A Bill to be entitled an Act to amend Code Section 27-901, relating to the granting of bail for criminal offenses, so as to provide that the bail shall continue during trial; and for other purposes.
HB 143. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordi nary and other officers of the courts of said counties; and for other purposes.
HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, Evans of McDuffie, Lewis of Burke, Grahl of Peach, Flynt of Taliaferro and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for the appoint ment as Judge Emeritus of certain former judges who are totally disabled; and for other purposes.
HB 145. By Mr. Wells of Oconee: A Bill to be entitled an Act to abolish the present method of compen-
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287
sating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes.
HB 146. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chairman; and for other purposes.
HB 147. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes.
SB 12. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Section 34-1321 relating to the count and return of votes in election districts in which ballots are used; and for other purposes.
SB 13. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Section 34-1406 relating to the procedure for voting absentee ballots in primaries and elections; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 5. By Senator Sanders of the 41st: A Bill to be entitled an Act to amend the charter of the City of Lithonia by providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
SB 17. By Senators Johnson of the 38th, Salome of the 36th, Thompson of the 34th and others: 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 Local Affairs.
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SB 18. By Senators Ward of the 39th, Johnson of the 38th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend the Act approved Aug. 20, 1927, to provide pensions to officers and employees of cities with population of more than 150,000; and for other purposes.
Referred to the Committee on Local Affairs.
SB 19. By Senators Thompson of the 34th, Ward of the 39th, 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 relating to the Advisory Committee; and for other purposes.
Referred to the Committee on Local Affairs.
SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act approved February 15, 1933, providing for pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 25. Do Pass by Substitute.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Tucker of Catoosa County, Chairman of the Committee on Local Affairs, submitted the following report:
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289
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 101. Do Pass. HB 109. Do Pass. HB 110. Do Pass. HB 111. Do Pass. HB 114. Do Pass. HB 117. Do Pass. HB 118. Do Pass. HB 119. Do Pass. HB 121. Do Pass. HB 122. Do Pass. HB 126. Do Pass. HB 127. Do Pass. HB 135. Do Pass. HB 137. Do Pass. HB 138. Do Pass. HB 145. Do Pass. HB 146. Do Pass. HB 147. Do Pass. HB 108. Do Pass by Substitute. HR 103-133. Do Pass.
Respectfully submitted, Tucker of Catoosa, Chairman.
The following Resolutions of the House were read and adopted:
HR 118. By Mr. Smith of Grady:
A RESOLUTION
Expressing regret at the passing of Mr. Darwin Hudson Boyd, Jr.; and for other purposes.
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WHEREAS, Mr. Darwin Hudson Boyd, Jr., brother-in-law of the distinguished Representative from Richmond County, Honorable James M. Hull, Jr., passed away on January 12, 1965; and
WHEREAS, Mr. Boyd was a native Georgian, born in Savannah, Georgia, and at the time of his death was Vice-President of one of Augusta, Georgia's largest and best known brokerage firms, Johnson, Lane, Space, Smith & Company; and
WHEREAS, he was awarded the Purple Heart for his gallant service with the 91st Infantry Division under General Mark Clark in North Africa and Italy; and
WHEREAS, he is survived by his lovely wife, Mrs. Baldwin Hull Boyd, and his three daughters, Mrs. Richard Sullivan, Miss Gail Hud son Boyd and Miss Deborah Boyd; and
WHEREAS, he was active in the civic, religious and public affairs of his Community, and his passing is a great loss to his Community, as well as his County and his State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sincere and heartfelt sympathy of the members of this body is hereby extended to the family of Mr. Darwin Hudson Boyd, Jr., and particularly to Honorable James M. Hull, Jr., Representative, Richmond County.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Honorable James M. Hull, Jr.
HR 119. By Mr. Blair of Sumter:
A RESOLUTION
Calling a joint session of the Senate and the House of Representa tives for the purpose of hearing a proposed State Song; and for other purposes.
WHEREAS, a Resolution has been introduced proposing the adop tion of the song, "Georgia", as the official State Song, said Resolution being introduced by Representative William E. Blair of Sumter County; and
WHEREAS, a joint session of the Senate and the House of Repre sentatives has been previously called for the purpose of hearing two other songs which have been proposed for adoption as the official State Song; and
MONDAY, FEBRUARY 8, 1965
291
WHEREAS, the General Assembly should have the opportunity of hearing the song, "Georgia", at the same time as the other two songs;
and
WHEREAS, arrangements have been made for said song to be sung by the "Choralaires" of Americus High School.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and the House of Representatives is hereby called for Tuesday, February 9, 1965, at 11:00 a.m. in the Hall of the House of Representatives for the purpose of hearing the aforesaid group sing the song which has been proposed for adoption as the official State Song.
BE IT FURTHER RESOLVED that the President of the Senate, the Speaker of the House of Representatives and Representative Blair of Sumter County are hereby authorized to make whatever arrange ments are necessary to effectuate the purposes of this Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the aforesaid group.
HR 120. By Messrs. Wiggins and Reid of Carroll:
A RESOLUTION
Commending the Carrollton High School Trojans; and for other purposes.
WHEREAS, the football team of Carrollton High School, renownly known as the "Trojans", did on the 4th day of December, 1964, win the State Class "A" Football Championship by decisively defeating the Fitzgerald High School football team known as the "Hurricanes"; and
WHEREAS, notwithstanding that said game was played on a muddy turf that was at times covered with water from goal post to goal post and both teams were intent on winning the championship, the game was played in a sportsmanlike manner to the credit of the players of both teams, of the parents of the players of both teams, of the faculty of both schools and of the coaching staff of both teams; and
WHEREAS, the "Trojans" are a credit to the Carrollton High School; and
WHEREAS, the enthusiasm of the many citizens of Carrollton and the surrounding area was evidence of the popularity of this fine group of young Georgians; and
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WHEREAS, the "Trojans" were coached to the championship by Honorable Charles Gresham, Head Coach, and Honorable Jim Bonner, Assistant Coach, and the football team was at all times encouraged by Honorable F. M. Chalker, Superintendent of Carrollton City Schools, and Honorable Hugh Maddox, Principal of the Carrollton High School.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its congratu lations to the members of the Carrollton High School football team, to Honorable F. M. Chalker, Superintendent of Carrollton City Schools, to Honorable Hugh Maddox, Principal of Carrollton High School, to Honorable Charles Gresham, Head Coach, and Honorable Jim Bonner, Assistant Coach.
BE IT FURTHER RESOLVED that the parents of the members of Carrollton High School football team are hereby commended for their many efforts and for allowing their sons to participate in the athletic activities of said school and thereby promoting physical fitness among the youth of this State.
BE IT FURTHER RESOLVED that as a token of our esteem, the Clerk of the House is hereby authorized and directed to furnish appro priate copies of this Resolution to Honorable William J. Wiggins and Honorable Herschel L. Reid, Representatives, Carroll County, for dis tribution to the members of the Carrollton High School football team and the individuals named in this Resolution.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 121. By Mr. Laite of Bibb:
A RESOLUTION
Creating a committee to study the feasibility of establishing a cen trally located state, interagency motor pool; and for other purposes.
WHEREAS, at the present time there is no interagency inventory of heavy equipment and motor vehicles which are owned by the State of Georgia; and
WHEREAS, because of this lack of coordination between the vari ous agencies of state government, there often occurs a duplication of purchasing of state equipment, which possibly could be avoided in many instances if there were some means of determining that needed state equipment was available elsewhere without the need of purchasing addi tional equipment; and
WHEREAS, economies in purchasing and utilization of state equip ment could be effected if there were a centrally located interagency
MONDAY, FEBRUARY 8, 1965
293
motor pool.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of five (5) members of the House of Representatives, to be appointed by the Speaker thereof, for the purpose of investigating and studying the feasibility of establishing a centrally located interagency motor pool. The members of the committee shall receive the compensa tion, expenses and per diem authorized for members of interim legisla tive study committees. The committee shall make its report and recom mendations to the 1966 Session of the General Assembly of Georgia, at which time it shall stand abolished. The funds necessary to carry out the purposes of this Resolution shall come from the funds appro priated for and available to the legislative branch of the government.
The hour of convening having arrived, the Senate appeared upon the floor of the House for the purpose of hearing an address by Honorable Herman Tal madge, Junior United States Senator of Georgia.
The President of the Senate called the Joint Session to order.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Carl E. Sanders and Senator Talmadge appeared upon the floor of the House.
Lt. Governor Peter Zack Geer presented His Excellency, Gov. Carl E. Sanders who introduced Senator Talmadge to the General Assembly.
Senator Talmadge addressed the General Assembly in well chosen words and was given a standing ovation upon the completion of his message.
Senator Webb of the llth moved that this Joint Session be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
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Under the General Order of business, the following Resolutions of the House were taken up for consideration and read the third time:
HR 15-21. By Mr. Fulford of Terrell:
A Resolution authorizing the conveyance of certain real estate located in Terrell County, Georgia; and for other purposes.
The following Committee amendment was read and adopted:
State Institutions and Property Committee moves to amend HR 15-21 as follows:
By striking the fourth paragraph containing the description of the property involved and inserting in lieu thereof a new fourth paragraph to read as follows:
"WHEREAS, said tract or parcel of land is more fully de scribed as follows:
"That tract or parcel of land, containing 2.259 acres, more or less, including the Armory Building thereon, situated, lying and being in the City of Dawson, Terrell County, Georgia, and being known and distinguished as a portion of Block No. 208, according to the Map of the City of Dawson by Marbury & Wright, and the same being more particularly described as follows: By commencing at the Northeast corner of Block No. 208, according to the map of said City by Marbury and Wright, and run thence West along the North boundary line of said Block, a distance of 336 feet; thence South 322 feet; thence East 336 feet; thence North 322 feet to the starting point, and said property being bounded on the North by the white public school property, on the East by Property of J. H. Smith (formerly the Dean Estate), and property of the J. Williams Estate, on the South by property of J. Williams Estate, on the West by property of C. H. Peddy; said tract of land containing 2% acres, more or less, and being a portion of the property purchased by C. H. Peddy and Mrs. A. E. Pickett, et al, by deed dated Sep tember 23rd, 1919, and recorded in Book W, Page 392 of the Deed Records of Terrell County, Georgia."
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
Anderson Arnsdorff
Bagby Balkcom
Ballard Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dorminy Duncan, A. C. Duncan, V. W. Dunwody Parrar Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
MONDAY, FEBRUARY 8, 1965
295
Houston Howell Hudgins Hull Hutchinson
Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul
Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Mixon Moate Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Parker
Perry Peterson Phillips, L. L. Pickard Pope Poss Rainey Reaves Reid Rhodes Richardson Ross Rush Russell Savage Sewell Shea Shuman Simkins Sinimons Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tidwell Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Barber Bolton
Bowen, R. L. Branch Brantley
Brooks, Geo. B. Brooks, Wilson Brown, Gene
296
Chandler Clark, J. T. Conger Dollar Doster Etheridge Evans Flynt Griffis Hale Hall Irvin Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W.
JOURNAL OF THE HOUSE,
Lane Lee, F. S. Lowrey Matthews, D. R. Melton Minge Mitchell Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Otwell Phillips, G. S. Potts Roberts Rodgers, H. B.
Rogers, Jimmie Roper Rowland Singer Smith, A. B. Smith, G. L. II Smith, V. T. Story Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Ware Wilson Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 28-43. By Mr. Hale of Dade:
A Resolution authorizing the conveyance of permanent easements over certain State owned properties; 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 Arnsdorff Bagby Balkcom Beck Black Blair Blalock Bowen, J. 0. Brackin
Brinkley Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Colwell Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody
MONDAY, FEBRUARY 8, 1965
297
Farrar Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Le, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey
Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson
Roberts Ross Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, V. T.
Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tidwell Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Ballard Barber Bedgood Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Chandler Clark, J. T. Clarke, H. G. Conger
Conner Dollar Dorminy Doster Etheridge Evans Flynt Griffis Hale Hall Irvin Jones, C. M. Jones, F. C. Jordan, W. H.
Knight, D. W. Lee, F. S. Matthews, D. R. McKemie Melton Moore, J. H. Murphy Nessmith, P. Newton, D. L. Otwell Paris Phillips, G. S. Rodgers, H. B. Rogers, Jimmie
298
Eoper Rowland Smith, Chas. C. Smith, G. L. II
JOURNAL OP THE HOUSE,
Smith, J. R. Story Tucker, J. B. Tucker, Ray M.
Underwood Ware Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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 HR 28-43.
Mr. Busbee of Dougherty moved that this House do now adjourn until 9:30 a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
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299
Representative Hall, Atlanta, Georgia
Tuesday, February 9, 1965
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 Rev. L. R. Whiddon, Pastor, 1st Baptist Church, Canton, Georgia.
By unanimous consent the call of the roll was dispensed with
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
Mr. Chandler of Baldwin asked unanimous consent that the following Reso lution of the House be withdrawn from the Committee on State Institutions and Properties and recommitteed to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HR 117-149. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said Author ity to "Savannah Port Authority";, and for other purposes.
The consent was granted and HR 117-149 was recommitteed to the Com mittee on Local Affairs.
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 and Senate to wit:
SB 15. By Senators Kendrick of the 32nd, Rowan of the 8th and Noble of the 19th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Feb. 24, 1964 (Ga. Laws 1964, p. 3), so as to prescribe the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes.
HB 54. By Mr. Davis of Heard:
A Bill to place the sheriff of Heard County on a salary basis in lieu of a fee basis; 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 179. By Messrs. Wiggins and Reid of Carroll:
A Bill to be entitled an Act to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 180. By Mr. Wiggins of Carroll:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues for Carroll County, so as to change the com pensation of the commissioner; to change the compensation of the county attorney; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 9, 1965
301
HB 181. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act providing for the abolish ing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, known as the fee system, so as to provide that fees earned prior to the effective date of this Act, and not yet collected, shall belong to the officers who earned them; and for other purposes.
Referred to the Committee on Local Affairs.
HB 182. By Mr. Colwell of Union:
A Bill to be entitled an Act to amend an Act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer of Union County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 183. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to conform the practice and procedure in the City Court of Savannah in all matters and respects with the prac tice and procedure now or hereafter provided by law for the Superior Courts of the several counties of the State, except certain enumerated particulars; and for other purposes.
Referred to the Committee on Local Affairs.
HB 184. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 185. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide that the judgment of the court may also be revised upon a change in the wife's financial status or material change in the living conditions of either husband or wife; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 186. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend Code Section 30-101, relating to the manner in which divorces are granted, so as to change the time in which demands for jury trials shal be filed; and for other purposes.
Referred to the Committee on Judiciary.
HB 187. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 188. By Messrs. Byrd of Walton, Wells of Oconee, Lee of Clinch and Lambert of Morgan:
A Bill to be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to make uniform the rates to be allowed to the publishers for publishing legal advertisements in any and all counties of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 189. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the provisions of Code Sections 92-4101 though 92-4104; and for other pur poses.
Referred to the Committee on Special Judiciary.
HB 190. By Messrs. Richardson, Sewell and Shea of Chatham:
A Bill to be entitled an Act to amend an Act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control projects with or with out federal aid and assistance; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 191. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorists, so as to provide that the insured shall not be entitled to recover under his policy until the extent of his recovery
TUESDAY, FEBRUARY 9, 1965
303
against the uninsured motorist shall be established and all efforts to collect same have been exhausted; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 192. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers markets upon which the lessee agrees to construct capital improvements; and for other purposes.
Referred to the Committee on Agriculture.
HR 122-192. By Mr. Pope of Cherokee: A Resolution authorizing the conveyance of certain State property located in Cherokee County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 123-192. By Mr. Rush of Tattnall: A Resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell Bridge; and for other purposes.
Referred to the Committee on Highways.
HR 124-192. By Mr. Rush of Tattnall: A Resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes.
Referred to the Committee on Judiciary.
HB 193. By Mr. Lambert of Morgan: A Bill to be entitled an Act to create and establish the Madison-Morgan County Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 194. By Mr. Rogers of Long: A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 195. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 114-403, relating to the right of the employer to be subrogated to the recovery of the em ployee against third parties, so as to provide that the employer shall bear a proportionate share of the attorney's fees in the event the em ployee is represented by an attorney; and for other purposes.
Referred to the Committee on Judiciary.
HB 196. By Messrs. Pulford of Terrell, Rowland of Johnson, Bowen of Dooly, Newton of Colquitt, Russell of Thomas, Tucker of Henry, Hudgins of Chattahoochee, DeVane of Schley, Herndon of Appling and others:
A Bill to be entitled an Act to amend Section 84-1209 of the Code of Georgia of 1933, defining the practice of osteopathy, so as to redefine the practice of osteopathy; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston, Herndon of Ap pling, Arnsdorff of Effingham, Steis of Harris, Vaughan and Harris of Bartow:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide addi tional powers to the Georgia State Board of Barbers; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 198. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 199. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to compensating the Ordinary of Bryan County by the payment of a salary to said Ordinary, so as to change the compensation to be paid to the Ordinary of Bryan County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 200. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation and establishment of the City Court of Pembroke, so as to change the
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305
amount of compensation to be paid to the Solicitor of said City Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 201. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the establish ing of a City Court of Pembroke in and for the County of Bryan, so as change the amount of compensation to be paid to the judge of said City Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 202. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to create a State Rewards Board; and for other purposes.
Referred to the Comittee on State of Republic.
HB 203. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax com missioner of Quitman County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 204. By Mr. Mauldin of Franklin:
A Bill to be entitled an Act to reincorporate the City of Carnesville in the County of Franklin; to provide a new charter for said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 15. By Senators Kendrick of the 32nd, Rowan of the 8th, Noble of the 19th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to prescribe the pro visions for establishing the basis for a minimum schedule of salaries; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
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JOURNAL OF THE HOUSE,
HB 148. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that all funds, except those for capital outlay purposes, appropriated by the General Assembly, shall be allocated to each local unit of administration in support of the Minimum Foundation Program of Education; and for other purposes.
HB 149. By Mr. Richardson of Chatham:
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 expendi tures of funds by the highway board; and for other purposes.
HR 116-149. By Mr. Richardson of Chatham:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the various counties and munici palities to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes; and for other purposes.
HR 117-149. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Savannah Port Authority"; and for other purposes.
HB 150. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of this State, so as to provide that the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered by the Superintendent of Banks as pro vided by law shall not be used in the name of a corporation chartered under said Act; and for other purposes.
HB 151. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2023, 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 152. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2015, pertaining to limitations on investment in real estate by banks, so as to provide
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307
that no bank doing a commercial business and receiving deposits sub ject to check, shall lend upon real estate held as investment; and for other purposes.
HB 153. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that when ever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 18, the presi dent or other chief executive officer of such bank shall promptly report such facts; and for other purposes.
HB 154. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 26-27, relating to offenses committed by the use of deceitful means and artful practices, so as to provide that it shall be unlawful for any person, firm, associa tion or corporation with knowledge that another has made or caused to be made a materially false statement in writing; and for other pur poses.
HB 155. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 26-74, relating to offenses committed by the use of deceitful means and artful practices, so as to provide that it shall be unlawful for any person, firm, associa tion or corporation to make or cause to be made any materially false statement in writing; and for other purposes.
HB 156. By Mr. Poss of Madison:
A Bill to be entitled an Act to amend an Act incorporating the City of Colbert, in the County of Madison, by creating a new charter; and for other purposes.
HB 157. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Madison County known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other pur poses.
HB 158. By Mr. Poss of Madison:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Madison County; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 159. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court, the Ordinary, the Tax Commis sioner and the Coroner of Madison County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
HB 160. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 161. By Mr. Brown of Hart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes.
HB 162. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensat ing the Coroner of Hart County, known as the fee system; and for other purposes.
HB 163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said Act shall be limited to the sole purpose of determining the cause of death; and for other purposes.
HB 164. By Mr. Grahl of Peach:
A Bill to be entitled an Act to abolish the office of treasurer of Peach County; to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes.
HB 165. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 114-106, relating to settlements between employers and employees under the workmen's compensation laws, so as to change the provisions thereof relative to settlements; and for other purposes.
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309
HB 166. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize pretrial and trial procedures in civil cases in the Superior Courts and Constitutional City Courts; and for other purposes.
HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to comprehensively and exhaustively re vise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes.
HB 168. By Messrs. Snow of Walker, Murphy of Haralson, Leonard of Murray, Underwood of Taylor, Howell of Early, Paris of Barrow, Hudgins of Chattahoochee, Moore of Stephens, Herndon of Appling and Black of Webster:
A Bill to be entitled an Act to amend Code Title 92 relating to Pub lic Revenue, so as to remove the limitations on taxes which counties are authorized to levy and collect for specific purposes; and for other purposes.
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to amend Code Section 24-2727 relating to the fees allowed clerks of the Superior Courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes.
HB 170. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes:
A Bill to be entitled an Act to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge pro hac vice presides in the trial of any case, such judge may issue orders, and herein determine all motions for new trial, etc.; and for other purposes.
HB 171. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the charter of the City of Dawson relating to the compensation of the mayor and councilmen; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 172. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connection therewith; and for other pur poses.
HB 173. By Mr. Hutchinson of Dougherty:
A Bill to be entitled an Act to provide a system under which any City, incorporated town or county in the State of Georgia, may drain, grade, pave, repave, resurface and otherwise improve any street, avenue, lane, alley or other public way; appraise, apportion and assess the costs thereof; and for other purposes.
HB 174. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; to provide for prior credit for certain peace officers; and for other purposes.
HB 175. By Mr. Marshall of Putnam:
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 Putnam, so as to change the compensation of the Chairman and the members; and for other purposes.
HB 176. By Mr. Marshall of Putnam:
A Bill to be entitled an Act to place the Coroner of Putnam County upon a monthly salary in lieu of the fee system; and for other purposes.
HB 177. By Mr. Grahl of Peach:
A Bill to be entitled an Act to amend an Act incorporating the Town of Fort Valley as the City of Fort Valley, so as to provide for numbered city council posts for the utilities commission; and for other purposes.
HB 178. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baker County; and for other purposes.
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311
SB 5. By Senator Sanders of the 41st:
A Bill to be entitled an Act to amend the charter of the City of Lithonia by providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes.
SB 17. By Senators Johnson of the 38th, Salome of the 36th, Thompson of the 34th and others:
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.
SB 18. By Senators Ward of the 39th, Johnson of the 38th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend the Act approved Aug. 20, 1927, to provide pensions to officers and employees of cities with population of more than 150,000; and for other purposes.
SB 19. By Senators Thompson of the 34th, Ward of the 39th, 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 relating to the Advisory Committee; and for other purposes.
SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act approved February 15, 1933, providing for pensions for members of police departments in cities having a population of 150,000 or more; and for other purposes.
Mr. Pope of Cherokee 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 43-84. Do Pass.
Respectfully submitted, Pope of Cherokee, Chairman.
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Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 5. Do Pass as Amended. HB 14. Do Pass by Substitute. HB 22. Do Pass by Substitute. HB 167. Do Pass. HB 166. Do Pass. HB 141. Do Pass. HB 169. Do Pass. HB 170. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Brooks of Fulton County, Chairman of the Committee on Special Judici ary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary 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 41. Do Pass. SB 12. Do Pass.
Respectfully submitted, Brooks of Fulton, 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 Resolutions of the House to wit:
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313
HR 119. By Mr. Blair of Sumter:
A Resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing a proposed State Song; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 101. By Mr. Wright of Wilkes:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax collector and tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner of Wilkes County, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes.
The report 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 109. By Mr. Hudgins of Chattahoochee:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Chattahochee County, known as the fee system, and to provide in lieu thereof an annual salary 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 110. 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 provide for arbitration of assess ments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 111. By Messrs. Williams and Overby of Hall: A Bill to be entitled an Act to amend Code Section 32-907 relating to the officers of the county boards of education, so as to provide that in certain counties the chairman of the board shall be elected for such terms as shall be determined by the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 114. By Mr. Coker of Turner: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said Mayor and Council, within a prescribed maximum; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 117. By Messrs. Caldwell and Page of Upson: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.
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315
The report 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 118. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensation of the Ordinary 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 119. By Mr. Black of Webster:
A Bill to be entitled an Act to place the sheriff of Webster County upon an annual salary; and for other purposes.
The report 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 121. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act, relating to the incorpora tion of the Town of Cornelia, Georgia, to repeal conflicting laws; 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 122. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the superior court and 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 126. By Messrs. Milhollin and Williams of Coffee: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Douglas, so as to authorize the governing authority of said City to close portions of certain streets; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Bynum of Rabun: A Bill to be entitled an Act to amend an Act providing a secretarial assistant for the clerk of the superior court of Rabun County and to provide for their compensation, so as to change the amount of com pensation to be paid to the secretary to the clerk of the superior court; and for other purposes.
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317
The report 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 103-133. By Messrs. Milhollin and Williams of Coffee:
A Resolution to designate the "Seventeen Mile River"; 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 112, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 135. By Mr. Smith of Telfair:
A Bill to be entitled an Act to amend the City Charter of the City of Milan so as to provide an election code 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 ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 137. By Mr. Bowen of Dooly: A Bill to be entitled an Act to amend an Act found in Georgia Laws 1920, creating a charter for City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 138. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act, entitled "An Act to amend, consolidate and supercede the several Acts of the General Assembly, pertaining to the City of Sylvester", so as to repeal Section 5-19; and for other purposes.
The report 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 145. By Mr. Wells of Oconee:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Oconee County, known as the fee system, and to pro vide in lieu thereof an annual salary; and for other purposes.
The report 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 147. By Mr. Smith of Grady: A Bill to be entitled an Act to amend an Act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes.
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319
The report 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 146. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chairman; and for other purposes.
The report 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 108. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; 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 new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act approved August 6, 1915 (Ga. Laws 1915, p. 461), and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2634), so as to change the date of the election for mayor and councilmen; to clarify the provisions relating to the terms of office of councilmen; to change the hours for keeping the polls open for voting; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act approved August 6, 1915 (Ga. Laws 1915, p. 461), and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2634), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Be it further enacted, that the government of said city shall be vested in a city council composed of a mayor and five councilmen. The present incumbents as mayor and council shall continue in office as mayor and councilmen of the City of Alma under the provisions of this charter until the expiration of the terms for which they have already been elected, and until their successors are elected and qualified. An election for councilmen shall be held at the council chamber, or such other place in said city as the mayor of said city shall direct and designate, on the second Thursday in December 1965, and on the second Thursday in December in each year thereafter. The terms of office of all coun cilmen shall be one year each, and until their successors are elected and qualified. At said election on the second Thursday in December 1965, an election shall be held for mayor of the said City of Alma for a term of two years, and until his successor is elected and qualified, and thereafter the mayor of the City of Alma shall be elected for a term of two years, and until his successor is elected and qualified; and should there fail to be an election held in said city at the time above specified, from any cause whatever, the mayor of said city shall order an election held in said city by post ing a notice in three public places and advertising said notice in and public gazette having a circulation in said city; said notice shall be posted ten days before said election. The polls at all elections under this charter shall open at seven o'clock a.m., and shall be closed at seven o'clock p.m. The qualifications of voters at such elec tion shall be such as are required for electors for the General As sembly, and in addition thereto, residence within the corporate limits of said city for six months next preceding the election, and the payment of all legal taxes required of them by said corpora tion.
"The salary of said mayor shall be not less than $300.00 per annum, and not more than $500.00 per annum, said amount to be determined by the city council of the City of Alma, and fixed by an ordinance of the same."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 0.
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321
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and referred to the Com mittee on Industrial Relations:
HR 126. By Messrs. Lane of Bulloch, Russell of Thomas, Perry of Marion, and many others:
A RESOLUTION
Requesting Congress to continue in full force and effect certain provisions of the Taft-Hartley Act; and for other purposes.
WHEREAS, in 1947, the Georgia Legislature enacted a law which affirmed the inherent right of every person to work and bargain freely with his employer, individually or collectively, and give assurance that no person should be denied employment on account of membership or nonmembership in a labor union; and
WHEREAS, the movement for enactment of right to work laws began in 1944, and today some 20 states, with a total population in ex cess of 58 million, now have these laws in force; and
WHEREAS, at the national level, Section 14 (b) of the Taft-Hartley Bill, enacted in 1947, affirmed the authority of the states to pass such laws by providing that nothing in the Act should be construed as author izing the execution or application of agreements requiring membership in a labor organization as a condition of employment where such execu tion or application was prohibited by state or territorial law; and
WHEREAS, the United States Supreme Court subsequently upheld the constitutionality of Section 14 (b) and all state laws enacted under its authority; and
WHEREAS, labor union leaders are organizing to bring about the repeal of Section 14 (b) by the 89th Congress, and, in the same vein, the National Labor Relations Board recently ruled to deny an employer the right to express his views to employees except through union repre sentatives at the bargaining table; and
WHEREAS, the right to work law in Georgia and other states has served as the single greatest stimulant to economic growth since World War II, resulting in prosperity unprecedented in history; and
WHEREAS, people of Georgia believe in man's God-given right to earn his daily bread through honest toil, with free choice in accepting or rejecting artificial restrictions which may be imposed by labor or other forces.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, THE SEN ATE OF GEORGIA concurring, that we memorialize the United States Congress to continue Section 14 (b) of the Taft-Hartley Act in full force and effect, so that the right to work under its sanctions as guaranteed to 58 million people in 20 states will not be invalidated.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to each Senator and Representative from the State of Georgia in the Congress of the United States.
The following Resolutions of the House were read and adopted:
HR 129. By Dr. Savage of Macon:
A RESOLUTION
Expressing regrets at the passing of the Rt. Hon. Sir Winston Spencer Churchill, K. G., O. M., C. H.; and for other purposes.
WHEREAS, the free world lost its greatest champion with the passing of Sir Winston Churchill on January 24, 1965; and
WHEREAS, his keen insight into the nature of the forces that motivate man enabled him to predict the course of future events with a precision unparalleled in history; and
WHEREAS, during the darkest days of World War II his jnbounded ability, courage, energy and great oratory were an inspiration to all men who love liberty to rally behind the ideals of freedom against the most evil forces ever unleashed upon mankind; and
WHEREAS, his famous "Iron Curtain" speech made at West minster College, in Fulton, Missouri, on March 5, 1946, marked the point at which the free world was made aware of the great danger that Communism and its dedication to world domination poses to Western Civilization and the ideals for which it stands; and
WHEREAS, on April 9, 1963, Sir Winston Churchill became the first and only man in the history of the United States to be officially proclaimed an honorary American citizen;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby expresses its deepest regrets at the passing of Sir Winston Churchill and extends its heart felt sympathy to Lady Churchill, and further expresses its sincere belief that by his life and by his deeds he has given the Twentieth Cen tury its "finest hour".
TUESDAY, FEBRUARY 9, 1965
323
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Lady Churchill, the Speaker of the House of Commons and to Her Brittanic Majesty's Consul-General in Atlanta, Georgia.
HR 130. By Messrs. Smith of Grady, Hale of Dade and all the members of the House of Representatives:
A RESOLUTION
Wishing a speedy recovery to Honorable Geo. L. Smith II and Mrs. Smith; and for other purposes.
WHEREAS, Honorable Geo. L. Smith II, Representative from Emanuel County, and Mrs. Smith were injured in an automobile acci dent in Biloxi, Mississippi, and are confined to the Howard Memorial Hospital in said City; and
WHEREAS, Mr. Smith is a former Speaker of this body and is beloved and respected by all the members thereof; and
WHEREAS, his advice and counsel are sorely missed by the mem bers of this body; and
WHEREAS, his charming wife, Sally, by her gracious and friendly manner has won the affection of all the members of this body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest wishes for a speedy recovery are hereby extended to Representative and Mrs. Geo L. Smith II, and the members of this body hope they will soon be able to return to Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Rep resentative and Mrs. Geo. L. Smith II.
The hour of convening having arrived, the Senate appeared upon the floor of the House and met for the purpose of hearing an address by Honorable Edward W. Hiles, and hearing several visiting Georgia youth choirs perform.
The President of the Senate called the Joint Session to order. The Clerk of the House read the resolution calling for the Joint Session.
324
JOURNAL OF THE HOUSE,
Senator Jackson of the 16th introduced Honorable Hiles.
Honorable Edward W. Hiles addressed the members of the General Assembly with a very informative speech.
Three youth choirs sang several songs each which were enjoyed by all.
Senator Webb of the llth moved that this Joint Session be dissolved and the motion prevailed.
The president of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
Under the General Order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1. 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year begin ning July 1, 1965, and ending June 30, 1966, and the fiscal year begin ning July 1, 1966, and ending June 30, 1967, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965.
TUESDAY, FEBRUARY 9, 1965
325
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage 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 ses sions of the General Assembly as set by each such extra ordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allow ances as Members of the Senate and House of Repre sentatives, of the President and Members of the Senate and of the Speaker and Members of the House of Repre sentatives; 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 Representa tives, for the actual travel expenses of members of legis lative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Repre sentatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Conference of Commis sioners on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the neces sary cost of renovating and repairing the housing facili ties for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee 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 Mem
ber in the performance of official duties during a session
of the General Assembly, except as otherwise provided for
officials by law or resolution of one or both branches, and
326
JOURNAL OP THE HOUSE,
this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Con stitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Govern ment as provided for by Article III, Section VII, Para graph IX of the Constitution of Georgia. Provided fur ther, the per diem allowance provided for in the fore going 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 receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Pro vided, 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 serv ice on said committee when the General Assembly is not in session, twenty dollars per diem, expense and mileage while performing such committee duties.
1965-66------__---- -----------------------$ 2,300,000.00
1966-67.--------------,,_----------------------$ 2,300,000.00
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, their retirement contributions and one Emeritus position. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66--__--------.-----------------_------- $ 431,000.00
1966-67 .-------_--_------------------.----------$ 431,000.00
Section 3. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and re tirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court.
1965-66--------_------------____--------------$ 588,268.00
1966-67--------_---.---------------.----.--$ 596,035.00
Section 4. Superior Courts. For the cost of operat ing the Superior Court of the State of Georgia, includ ing such contingent expense allowances authorized by
TUESDAY, FEBRUARY 9, 1965
327
law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law.
1965-66------------------------ --------------------$ 1,700,000.00 1966-67----------------------------------------$ 1,700,000.00
Section 5. For the 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 transferred by the Budget Bureau to be used in the Book Fund of the State Library.
1965-66------------------------------------$ 1966-67------------------------------------$
35,000.00 35,000.00
Section 6. Judicial Council.
1965-66--.----------....--------------------------$ 1966-67--------------------------. .-.----------$
2,500.00 2,500.00
EXECUTIVE BRANCH
Section 7. Agriculture, Department of.
(A) For the operation of all activities of the De partment including the operation of Farmers' Markets.
1965-66------------------------------------$ 5,560,000.00 1966-67-------------------------------------------$ 5,838,000.00
(B) Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market.
1965-66-----------------.----------------------$ 650,000.00 1966-67---------- ---------------------------------- ..$ 650,000.00
Section 8. Art Commission, Georgia.
1965-66----------------------------------------$ 1966-67-----------------------------------------$
30,000.00 30,000.00
Section 9. Audits, Department of.
1965-66---------,,--------------------------------$ 550,000.00 1966-67--------------------------------------------------$ 650,000.00
328
JOURNAL OF THE HOUSE,
Section 10. Banking, Department of.
1965-66---------.-__.-----_,,------.--------------$ 381,000.00 1966-67----------..----__----..----.----_____.----$ 397,000.00
Section 11. Budget Bureau.
1965-66--------------------------_.----------$ 150,000.00 1966-67-------------__.-------_-----------_--------$ 175,000.00
Section 12. Capitol Square Improvement Committee.
(A) Operating Costs.
1965-66...-------------- --- ----____.--- ...------$ 1966-67.----..---.-.-----.----....------------I
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.
1965-66-------.....----.----.-------$ 2,677,752.87
1966-67----------....-------..-----------------$ 2,677,752.87
Section 13. Industry and Trade, Department of.
(A) General operating costs, including Area De velopment Commission.
1965-66 ------.--.------.--------- .-------- ..-- $ 2,100,000.00 1966-67--------..-------.--...------.------.--.$ 2,100,000.00
(B) Capital outlay--Annual lease payments to Geor gia Ports Authority.
1965-66 ..-_......_...----_._....----.----.--.....--------$ 1,505,000.00 1966-67.. ... ----------.....--------------------...------I 1,505,000.00
Section 14. Commission on Aging.
1965-66-----------------------------------$ 1966-67------.....-------------------------------$
30,000.00 30,000.00
Section 15. Comptroller General. For the cost of op erating the office of the Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety
00'000'993 00'000'99S
UOISSIUIUIOQ -A"Bd Joj SJB^USJJ
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00'000'006'T $-------------------------------2,9-9961 00'000'828'T $----------------------------99-g9 6T
OQ'000'028 00'000'OSS
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330
JOURNAL OF THE HOUSE,
1965-66--------_------.--------.__.--_----------$ 700,000.00 1966-67..__----------__..__------------____----$ 700,000.00
F. Soil and Water Conservation.
For the cost of operating the State Soil Conserva tion Committee.
1965-66...._________________----._-______----_--____$ 300,000.00 1966-67-----.----....----------_____----------_______$ 300,000.00
Section 17. Corrections, State Board of.
(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1965-66_____------_-_.______._____,,--..___.__________---------_$ 4,750,000.00 1966-67.____----......_.____----------____.----------___$ 4,892,000.00
(B) Capital Outlay--Authority Rentals--For au thority lease contracts to State Penal Rehabilitation Authority.
1965-66------____--...------------__-______-._--------_$
1966-67--------------...--------------------.____$
400,000.00 400,000.00
Section 18. State Board of Education--Department
of Education.
(A) For matching vocational rehabilitation funds in
cooperation with the Federal Government; for operation
i
of vocational trade schools; for operation of public and
1
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 superintendents;
for the operating costs of the Department; for educa
tional grants, including the grants to teachers for schol
arships, as provided by law; and for any other expense
authorized by law, payable from the common school funds.
1965-66----------._------------------_-------_-____--_$235,569,500.00 1966-67-----------------------_----------$254,096,300.00
Provided that the Governor's recommendation for grants under Section 12 of the "Minimum Foundation
TUESDAY, FEBRUARY 9, 1965
331
Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), shall be based on an allotment of one certificated professional person for each two hundred children in average daily attendance in each school sys tem at the average teacher salary, but that each school system shall have the option of using these funds for the salaries of fewer Section 12 personnel at higher rates of pay not to exceed the Index Salary Schedule approved by the State Board of Education.
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.
(B) Capital Outlay.
1965-66_-_--__-..-.___--__-_--------..--.-$ 23,700,000.00
1966-67-._-----.---.--.---.------------------I 23,700,000.00
For capital outlay purposes of the State Board of Education, including the payment of obligations hereto fore incurred by said Board pursuant to contracts entered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on contracts secur ing Series 1953 Bonds of the State School Building Au thority now outstanding. In the event the State Board of Education determines it would be advisable for said Series 1953 Bonds to be refunded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00.
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 $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the Uni versity System.
1965-66-._-_---___---___-..---..--...-_--._......$ 54,851,500.00
7--_-.-------__-.-_---_.___--_-.-_$ 63,853,000.00
332
JOURNAL OP THE HOUSE,
Provided, that the above appropriations 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, and provided that from the above appropria tions the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and com mitted to guarantee payment of lease rental contracts as a first charge on such funds. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the vari ous units of the University System from all funds avail able 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 realized by the State Board of Regents of the University System, or any school or college from the Federal Government, 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 do nations, 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 $500,000.00
per annum.
(B) Eugene Talmadge Memorial Hospital--State Board of Regents.
1965-66..--.----.-----------------------------$ 4,330,000.00 1966-67..-------------.-----------$ 4,735,000.00
(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.
1965-66_------...---------------------------$ 1966-67------..---------------------------$
150,000.00 150,000.00
TUESDAY, FEBRUARY 9, 1965
333
Section 20. Teachers Retirement System.
For the State's contribution to the Teachers Retire ment Fund, including the cost of administration.
1965-66-----------------------___------------------$ 19,880,167.00 1966-67-----_---------------..,,----------------$ 22,076,044.00
Section 21. Educational Improvement Council.
1965-66-----------------._.----------------.$ 100,000.00 1966-67.-.---------.--.-..-----------.-------..---,,$ 103,000.00
Section 22. Higher Education Assistance Corporation.
1965-661966-67-.
167,750.00 325,050.00
Section 23. State Scholarship Commission.
1965-66------,,__------------------------------------$ 247,500.00 1966-67----------------------,,------------,,-$ 497,370.00
Section 24. 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 special committee expenses.
1965-661966-67-
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.
1965-661966-67-
25,000.00 35,000.00
Section 25. Highway Department.
Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the im mediately preceding years, less the amount of refunds,
334
JOURNAL OF THE HOUSE,
rebate and collection costs authorized by law. The fiscal
officers of the State are hereby directed to, as of July 1
i
of each fiscal year, determine the net collection of motor
fuel tax received by the State Treasurer in the immedi
ate preceding fiscal year and enter the full amount so de
termined on the records of the State as being the appro
priation payable in lieu of the amount appropriated
herein.
(A) General Operations--For general administra tive cost of operating the Highway Department, including equipment and compensation claims.
1965-66._-.-...-...._-__._____..______.........._.-.-__.____._.-...__..-.$ 5,800,000.00 1966-67-........-.......---_---._______.-.-.._-___-.........-_._$ 7,200,000.00
(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Building Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of pur poses for which funds are appropriated to the Highway Department 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 appro priated as the first charge on all funds appropriated to the Highway Department.
1965-66........_......-___.__-___.........-.....-_..____..._.___.._.....$ 18,300,000.00
1966-67..___._.-.......__.___._______.___.............___.._______._._._..____$ 18,300,000.00
(C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the cost incident thereto (provided 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 Fed eral aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is
TUESDAY, FEBRUARY 9, 1965
335
hereby authorized and directed to give advanced budg etary authorization for the letting and execution of high way contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and con stitutionally appropriated to the State Highway Depart ment.
Maintenance and Betterments--
1965-66----_--____--____---_._---_._--..__.._---_____..__.$ 21,416,800.00 1966-67-----.....--.---..-.--....-..--..-...-.----......I 21,759,544.00
Planning and Construction--
1965-66--_--------------------.__._--.----___$ 47,483,200.00 1966-67----.___---_,,_--_____--____--_,,----_..-_.--_-----.._$ 48,240,456.00
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 construction and maintenance.
1965-66--___----------------__----.--..---------------------..-$ 4,817,013.03 1966-67-----.----------------------..------_------------$ 4,817,013.03
(E) For grants to counties for aid in county road construction and maintenance.
1965-66-__--.-_----_--------------__------------------$ 4,500,000.00 1966-67._--_--____----____-____________$ 4,500,000.00
Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be dis tributed 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 mile age in the State, as such mileage information is fur nished by the State Highway Department.
(F) Grant to Municipalities--For grants to munici palities in accordance with the law authorizing such grants.
336
JOURNAL OF THE HOUSE,
1965-661966-67-
Section 26. Georgia Historical Commission.
1965-66----------------------------------- 1966-67------------------------------
6,000,000.00 9,317,000.00
310,000.00 310,000.00
Section 27. Jekyll Island Committee.
1965-66------------------------------
1966-67----------------------------
With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruc tion, protection of beaches, and other capital outlay re quirements.
650,000.00 650,000.00
Section 28. Labor, Department of.
(A) For the cost of operating the Commissioner's Office and Factory Inspection Division.
1965-661966-67-
200,000.00 210,000.00
(B) For that part of cost of operations and Employ ment Security Agency as authorized by Act approved March 8, 1945.
1965-661966-67-
85,000.00 85,000.00
Section 29. Law, Department of. For the cost of operating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and main tenance of the respective agency for the purposes for which provision is made in this item, unless the payment is made from 100% Federal funds.
1965-661966-67-
525,000.00 540,000.00
TUESDAY, FEBRUARY 9, 1965
337
Section 30. Library, State. 1965-66---------------------.---.-_.._...._----------? 1966-67..--.----------------------.....--------------$
Section 31. Literature Commission, State.
80,000.00 90,000.00
1965-66..----.----.......--------.----------------$ 1966-67........-.---......--......----------------------$
20,000.00 20,000.00
Section 32. Pardons and Paroles, State Board of.
1965-66----.------------.----.-...--_....--....--$ 710,000.00 1966-67.....--..-----. ----_....----................ ..... $ 725,000.00
Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1965-66------------------..._....----------.___----------$ 1966-67------..------.---------------.--. ...--.. $
93,000.00 93,000.00
Section 34. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1965-66 --...._..------------------..----...... _--------. $ 758,000.00 1966-67------------------.----.------------------$ 810,000.00
Section 35. 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, and the Office of Emergency Planning.
1965-66.-----------------------------.------------$ 735,000.00 1966-67.-..---..-----------------------------------$ 757,000.00
Section 36. Public Health, Department of.
(A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of private hospitals.
1965-66------------------------------..--$ 9,200,000.00 1966-67----....-------------------------------I 9,600,000.00
338
JOURNAL OF THE HOUSE,
(B) Authority Rentals--For annual cost of acquir ing Eugene Talmadge Memorial Hospital.
1965-66----__--------------------_--------$ 840,000.00 1966-67.__-----_--__-------------------------$ 840,000.00
(C) For cost of operating the Alcoholic Rehabilita tion Program.
1965-66------__--_--_------------------$ 425,000.00 1966-67------------..,,,,------------------ .$ 425,000.00
(D) Department of Public Health--For the cost of operating the Battey State Hospital, including pre-admis sion and post-discharge services.
1965-66--._.--.-------._-----------------------$ 3,400,000.00
1966-67...------......................... --------------
$ 3,400,000.00
(E) Department of Public Health--Georgia Mental Health Institute. For the cost of operating the Mental Health Insttiute, including pre-admission and post-dis charge services.
1965-66--------
----------------------$ 2,250,000.00
1966-67------------------------$ 2,500,000.00
(F) Department of Public Health--Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services.
1965-66----------.--------------------------$ 5,000,000.00 1966-67-----------.-....----------------------------------$ 5,500,000.00
(G) Department of Public Health--Milledgeville State Hospital. For the cost of operating the Milledgeville State Hospital, including pre-admission and post-dis charge services.
1965-66---------------------------------.----$ 19,000,000.00 1966-67-.------,,---------------------------$ 20,500,000.00
(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
TUESDAY, FEBRUARY 9, 1965
339
Congress, rules and regulations of the State Board of Health.
1965-66------------------------------------$ 2,000,000.00 1966-67--------------------------.._-------$ 2,000,000.00
(I) Mental Retardation Institute. For the cost of de veloping, training and employing necessary personnel and for capital outlay, including the purchase of equipment.
1965-66-----------------------------------$ 85,000.00 1966-67----------_-------------------------$ 400,000.00
(J) Division for Water Quality Control.
1965-66----------..-.---------------------------$ 75,000.00 1966-67-------------------------------..$ 100,000.00
(K) Authority Rentals--Mental Health Construc tion. For the cost of paying lease rentals to State Hos pital Authority, covering construction of mental health and mental retardation facilities.
1965-66.------------------------------------------$ 2,065,000.00 1966-67__----.------------------------------------_.$ 2,065,000.00
Section 37. Public Safety, Department of.
1965-66..-----------------------------------$ 7,269,084.00 1966-67----.-----------------------------------$ 7,754,841.00
Section 38. Public Service Commission.
For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commis sion.
1965-66--------------------------------------$ 500,000.00 1966-67---------------.--,-------------------$ 510,000.00
Section 39. Public Welfare, Department of Family & Children Services--Operations--State.
(A) For the cost of operations of the State Welfare Programs.
1956-66......---------------------------------------$ 1,654,000.00 1966-67..--------------------------------------------$ 1,966,000.00
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(B) Grants for admission and services--counties.
For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs.
1965-66---------.----...---------------------$ 3,529,000.00 1966-67.-.---------..--------_.--_-----$ 3,960,000.00
(C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently disabled, and dependent children, and for children and youth care, all as authorized by law.
1965-66............-------------..------------.------__$ 21,342,000.00 1966-67--..----------_.------------_----------$ 24,013,000.00
(D) Institutions. For the cost of operation of the training schools and other institutions under the admin istration of the Department of Family and Children Services. Provided that such budget allotment as may be set up for the construction and establishment of a Georgia Youth Center as of June 30, 1965, is hereby spe cifically reappropriated for the same purpose and in the same amount.
1965-66----_------------.......... ..--------------------$ 3,594,000.00 1966-67...-..-.-.-......---__-_--.__.__....------.$ 4,009,000.00
Section 40. Purchases, Supervisor of.
1965-66--------------------____..----------_..$ 1966-67----------------------------_------------$
295,000.00 305,000.00
Section 41. Recreation Commission.
1965-66---...---_.--____---------------_-__--$ 1966-67 ......--------..........----..------------_-------- $
45,000.00 45,000.00
Section 42. Revenue, Department of.
(A) For cost of operating the Department of Reve nue.
1965-66-------.--.----.--__--.--..---__--$ 8,650,000.00 1966-67----....----------------------------------$ 8,850,000.00
(B) Grants to counties--Tax re-evaluation.
TUESDAY, FEBRUARY 9, 1965
341
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in fiancing tax re-evaluation studies.
1965-66.. 1966-67..
100,000.00 100,000.00
(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 $300,000.00 in each of the next two fiscal years. Such amount shall be available for further tax evaluation loans to counties.
Section 43. Science and Technology Commission.
1965-66-. 1966-67
40,600.00 40,600.00
Section 44. Secretary of State.
(A) Combined Divisions.
For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1965-66.----------- --------... .............................^ 1966-67-.-....------_.--.--------------------...$
478,800.00 494,000.00
(B) Examining Boards.
1965-66.-----------1966-67----------.--.
554,000.00 564,000.00
(C) Archives and Records.
For the cost of operation of Archives and History, microfilming and housing records, and the State Mu seum, including lease rental payments to the State Office Building Authority for the State Archives Building in amount of $815,000.00 per annum.
1965-661966-67-
1,181,000.00 1,192,000.00
342
JOURNAL OF THE HOUSE,
(D) Buildings and Grounds.
For the cost of operating the State Capitol Build ing grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for.
1965-66....__----.--_--__----------------__.__-__.$ 435,000.00 1966-67---------.-------------------_---------$ 450,000.00
(E) Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1965-66------------.--------__--_-__----__$ 100,000.00 1966-67--------_--__--------------____.__--$ 100,000.00
Section 45. Stone Mountain Memorial Committee.
For operating costs including costs of improvements by convict labor.
1965-66----------------------------------____-_-$ 400,000.00 1966-67----------------__------------.__--------$ 400,000.00
Section 46. Treasury, State.
For operation of State Treasury including Bond Commissioner.
1965-66--------------------------------------$ 122,500.00 1966-67----.----------------------------._----_$ 122,500.00
Section 47. Veterans Service.
(A) For the cost of operating the Department of Veterans Service.
1965-66----------------------------------------$ 869,000.00 1966-67--------------------------------------$ 900,000.00
(B) For the cost of operating the Veterans ServBoard, Veterans Home.
1965-66....----------.----------------------------------I 260,000.00 1966-67-.....----------------------------------------$ 260,000.00
TUESDAY, FEBRUARY 9, 1965 (C) For the cost of pensions to Confederate Widows.
1965-66---------------------------------__$ 1966-67.---...-------__--------__------ .$
343
100,000.00 90,000.00
Section 48. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1965-66---------.----.__------------------------$ 512,676.00 1966-67-----_------------..------------------$ 526,737.00
Section 49. 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 re quires expenditure of any part of the said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1965-66---------------------------------$ 2,000,000.00 1966-67.......---------------------------------$ 2,000,000.00
Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distribu tor being engaged in retailing gasoline.
Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Consti tution of the State of Georgia, as amended, there is here by appropriated payable to each Department, Agency, or Institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this 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 afore said constitutional provision, as amended, or appro priated for the fiscal year beginning July 1, 1965, and for
344
JOURNAL OP THE HOUSE,
each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the De partment, Agency or Institution involved, an amount suf ficient to satisfy such deficiency in full and the lease pay ment constitutes a first charge on all such appropria tions.
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.
Section 52. 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 Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 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 re ported, in writing, to the Chairmen and Vice-Chairmen of the Appropriations Committees of the House and Sen ate, 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 recom mendation 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.
Section 53. 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 (Ga. Laws 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 econo-
TUESDAY, FEBRUARY 9, 1965
345
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 budget 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 APPROPRIATIONS 1965-66----------$583,049,721.90 TOTAL APPROPRIATIONS 1966-67..........-.$627,916,242.90
Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.
The Speaker resolved the House into a Committee of the Whole House, desig nating Mr. Blalock of Coweta as Chairman thereof, for the purpose of consider ing HB 25.
The Committee of the Whole House arose and through its Chairman re ported HB 25 back to the House with the recommendation that the same 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, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make 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 gov ernmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide for certain affidavits; to provide for other matters relative to the fore going; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed here inafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage at the rate of 10^ per
346
JOURNAL OF THE HOUSE,
mile for four (4) round trips for each regular session and number of round trips for any and all extraordinary ses sions of the General Assembly as set by each such extra ordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allow ances as Members of the Senate and of the 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 Representa tives, for the actual travel expenses of members of legis lative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Rep resentatives authorized by law; for expenses of commit tees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws, National Confer ence of Legislative Leaders and Marine Fisheries Com pact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the necessary cost of renovating and repairing the hous ing facilities for the Legislative Branch; for cost of com piling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assem bly for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Serv ices Committee 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 here in shall be paid an additional maintenance expense allow ance of thirty-five dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general pro visions 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, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General Assem bly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Govern ment as provided for by Article III, Section VII, Para-
TUESDAY, FEBRUARY 9, 1965
347
graph IX of the Constitution of Georgia. Provided fur ther, the per diem allowance provided for in the fore going 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 receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a member of the General Assem
bly serving as a member of a regular or special com mittee 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 dollars per diem, expense and mileage while performing such committee duties.
1965-661966-67..
2,300,000.00 2,300,000.00
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, their retirement contributions and one Emeritus position. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66-- 1966-67--.
431,000.00 431,000.00
Section 3. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court.
1965-661966-67..
584,768.00 592,535.00
Section 4. Superior Courts. For the cost of operat ing the Superior Courts of the State of Georgia, includ ing such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law.
1965-661966-67...
1,604,000.00 1,604,000.00
Provided, that none of the above amount shall be expended for the purpose of paying any contingent ex-
348
JOURNAL OP THE HOUSE,
pense allowance to Solicitors-General over and above the amount they were receiving on January 1, 1965.
Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be transferred by the Budget Bureau to be used in the Book Fund of the State Library.
1965-66-__-_----_.___-____-----__------------.$ 1966-67-----__------~--_-----_~---_-$
35,000.00 35,000.00
Section 6. Judicial Council.
1965-66--.----__-___-..-.--_---_-..---_----$ 1966-67.-----.__.-.----.-----.._.___.----$
2,500.00 2,500.00
EXECUTIVE BRANCH
Section 7. Agriculture, Department of.
(A) For the operation of all activities of the De partment including the operation of Farmers' Markets.
1965-66..-.___.._..-.._-.-..-..-_______.---......._..-_-__.___._______.$ 5,760,000.00 1966-67------__--_-.~.---_--------_-_--$ 6,038,000.08
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Personal Services ... .....--.,,_$3,438,521.00 Operating Expenses ___..__.___.$2,355,329.00
1966-67 $3,691,741.00 $2,380,109.00
(B) Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market.
1965-66.-..... ......___.$ 650,000.00 1966-67-.----..-__.__--.--.-..-_--_-_-__---_--_....$ 650,000.00
Section 8. Art Commission, Georgia.
1965-66----______-------_---_-_---_--$ 1966-67------.----------~~..--.___---$
30,000.00 30,000.00
TUESDAY, FEBRUARY 9, 1965
349
Section 9. Audits, Department of.
1965-66----------------------------------------$ 550,000.00 1966-67----------------------------------$ 650,000.00
Section 10. Banking, Department of.
1965-66.------_. ....----------------_------------------$ 381,000.00 1966-67----------------------------------$ 397,000.00
Section 11. Budget Bureau.
1965-66--------------------------------$ 150,000.00 1966-67------------.....--.----_____----..----------$ 175,000.00
Section 12. Capitol Square Improvement Committee.
(A) Operating Costs.
1965-66..-.....-------------------------------------$ 150,000.00 1966-67---------------------------------------$ 150,000.00
(B) For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other State Of fice Buildings and facilities--authority rentals.
1965-66
... _-----------------------$ 2,677,752.87
1966-67----------.-------__------------------------$ 2,677,752.87
Section 13. Industry and Trade, Department of.
(A) General operating costs, including Area De velopment Commission.
1965-66--.--.-...-------------------------------$ 2,100,000.00 1966-67-----------------.-------------$ 2,100,000.00
(B) Capital outlay--Annual lease payments to Geor gia Ports Authority.
1965-66----------------------------------$ 1,505,000.00 1966-67--------------------------------------------$ 1,505,000.00
Section 14. Commission on Aging.
1965-66..------------------------------------------$ 1966-67------------------------------------------$
30,000.00 30,000.00
350
JOURNAL OF THE HOUSE,
Section 15. Comptroller General. For the cost of operating the office of the Comptroller General, Insur ance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner, and the Liquefied Petroleum Safety Act.
1965-66..--__.....--_.___.,,_-__--..,,_-___.__.-____.._----___-.._-___.$ 1,068,111.00 1966-67-.--_------._..___--..___-_--_-__--,,.___-_-----_.--$ 1,100,000.00
Section 16. Conservation.
A. Department of Forestry.
1965-66__-....__-..._____--___._---_-----.------$ 3,200,000.00 1966-67..-__.---.__.-.--.-.-----.---.--___.._-$ 3,264,000.00
B. Forest Research Council,
1965-66_-.-_.___._-....___.---._._.--...___---.._._-..____._-$ 1966-67..--_---.__._--_...---.--.--._.-..-_..-.$
320,000.00 320,000.00
C. Game and Fish Commission.
1965-66___......_-__-....__-__......___-......._..___...___......_.__.$ 1,828,000.00 1966-67__......_____......._...-..______..___.----_.._.___......_.___.$ 1,900,000.00
D. Department of Mines, Mining and Geology in cluding Oil and Gas Commission.
1965-66_-......-_-...-.__.__.....-___-......,____-........____.....___.-:$ 1966-67.__.__...__..._.___.....__._......____._........._.__......._..__.....$
464,500.00 276,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Personal Services .._........_--....__..._..__......_.._.___.$338,827.00 Operating Expenses _..___--____________--_________._$192,198.00
E. Department of Parks.
(A) For general operation and development of State Parks.
1965-66.-.....___.-.___._..._.__..-.._...__........_--_.....$ 995,000.00 1966-67-_....___.-......_.-.._.........-_....-__......-....__......$ 1,023,500.00
TUESDAY, FEBRUARY 9, 1965
351
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Operating Expenses _------$425,619.00
1966-67 $411,244.00
(B) Capital outlay -- Authority Rentals for State Park Bonds.
1966-66---------------------------------$ 1966-67----------------..------_-------------__-$
266,000.00 266,000.00
(C) Capital outlay--Authority Rentals for pay ments to Stone Mountain Memorial Commission.
1965-66--------------------------------------$ 1966-67--------__----------_----------------$
700,000.00 700,000.00
F. Soil and Water Conservation.
For the cost of operating the State Soil Conserva tion Committee.
1965-66--.----------------...----.------------------$ 1966-67----------------------------.------------$
300,000.00 300,000.00
Section 17. Corrections, State Board of.
(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1965-66___.______------.__--_._-----------------------$ 4,750,000.00 1966-67--__----___----__.--------------__--------$ 4,892,000.00
Provided that no funds appropriated in this Section or otherwise available shall be used for the employment of any full time staff under the title of consultant.
(B) Capital Outlay--Authority Rentals---
For authority lease contracts to State Penal Re habilitation Authority.
1965-66----------------------------------------$ 1966-67----------------------------------$
400,000.00 400,000.00
352
JOURNAL OF THE HOUSE,
Section 18. State Board of Education--Department of Education.
(A) For matching vocational rehabilitation funds in cooperation with the Federal Government; for opera tion 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 superintendents; for the operating costs of the Department; for educa tional grants, including the grants to teachers for scholar ships, as provided by law; and for any other expense authorized by law, payable from the common school funds.
1965-66_______
-.-,,.-_-_.__.__..._.....___...._ $238,096,493.00
1966-67_______ ......._.
$256,261,885.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ______________________ .....-...._..$ 8,618,933.00 $ 8,997,966.00
Operating Expenses:
Regular--Other than Grants .,,....____$ 8,062,800.00 $ 8,414,900.00
Grants to School Systems-- Other than MFPE: Manpower Training .--______._______________$ 1,800,000.00 $ 1,800,000.00
Grants to Exceptional Children _,,..._$ 50,000.00 $ 50,000.00
Salaries of Public Librarians __________$ 995,918.00 $ 1,044,799.00
Equalization Funds ----.-.--..-.......$ 2,579,352.00 $ 2,811,868.00
Grants to School Systems--MFPE Act No. 523 (S. B. 180) :
1965-66
1966-67
Section 36--Alto Teachers ____._,,____,,$ 123,253.00 $ 131,685.00
Section 11--Teachers' Salaries ......$151,005,614.00 $164,309,325.00
Section 12--Other Certificated
Professional Personnel Salaries ______$ 27,345,857.00 $ 28,878,710.00 Assistance to State Impacted Areas ....__$ 156,000.00 $ 175,000.00 Mid-term Adjustment ________ _______________ $ 2,509,547.00 $ 3,484,755.00
TUESDAY, FEBRUARY 9, 1965
353
Superintendents' Salaries ____________,,____$ 1,459,519.00 $ 1,542,477.00
Maintenance, Operation and Sick Leave ________________-,,____._.,,.__..._,,_____$ 15,574,800.00 $ 15,828,100.00
School Library & Non-Consumable
Teaching Materials ______....................$ 1,169,900.00 $ 1,306,600.00
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, unless such program or project has been specifically authorized by the General Assembly.
(B) Capital Outlay.
1965-66 __________________________________ ______._.._____________________$ 23,700,000.00
1966-67__________________________.________._ ______________ .............$ 23,700,000.00
For capital outlay purposes of the State Board of Education, including the payment of obligations here tofore incurred by said Board pursuant to contracts entered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on con tracts securing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advis able for said Series 1953 Bonds to be refunded and addi tional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00.
Section 19. State Board of Regents.
(A) The general cost of operation of the Board; for aid to the University System; for annual payments of $8,000.00 to the University of Georgia for old bank stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the Uni versity System.
1965-66______
_..,,____.__$ 54,851,500.00
1966-67-__--__--_~---..-----
$ 63,853,000.00
354
JOURNAL OF THE HOUSE,
Provided, that the above appropriations 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, and provided that from the above ap propriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the vari ous units of the University System from all funds avail able 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 incident to the operation and development of the University Sys tem. 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
i
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 $500,000.00
per annum.
(B) Eugene Talmadge Memorial Hospital--State Board of Regents.
1965-66.__._____..-.............__-........__.____--__.........._....____.$ 4,330,000.00 1966-67___-..._.____.___-_--.__-___-.---__-__.__-___-_--.$ 4,735,000.00
(C) Medical Education Board.
For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Consti tution.
1965-66~~__-__------____-____._-_._.-_..._.-..-..._..$ 1966-67___.__...............-.._.__.-............._......_..........____$
150,000.00 150,000.00
TUESDAY, FEBRUARY 9, 1965
355
Section 20. Teachers Retirement System.
For the State's contribution to the Teachers Re tirement Fund, including the cost of administration.
1965-66--------------------------_----------$ 20,292,167.00 1966-67----------------------------.-----------$ 22,461,044.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
State Matching Funds .----$20,028,094.00 $22,211,433.00
Section 21. Educational Improvement Council.
1965-66-------------.---------_-----------------$ 1966-67--------------------------------------$
100,000.00 103,000.00
Section 22. Higher Education Assistance Corpora tion.
1965-66.----------------------------------$ 1966-67--.----------__-------------___---------__$
167,750.00 325,050.00
Section 23. State Scholarship Commission.
1965-66--_--------_--_------____--_----__------$ 1966-67--_------------__----------_-------------$
247,500.00 497,370.00
Section 24. 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.
1965-66---------------------------------------$ 275,000.00 1966-67---------------__--.----------------_----_$ 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.
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25,000.00 35,000.00
Section 25. Highway Department.
Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the im mediately preceding years, less the amount of refunds, re bate and collection costs authorized by law. The fiscal of ficers 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 immediate 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 administra tive cost of operating the Highway Department, includ ing equipment and compensation claims.
1965-66.. 1966-67..
5,800,000.00 7,200,000.00
(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums necessary to pay these rentals accrued under these contracts, exe cuted or to be executed, as authorized by law, are here by appropriated as the first charge on all funds appro priated to the Highway Department.
1965-66_-.-..-..-......-_________.___-_.-.....--_._.___._.-.....__.__.f 18,300,000.00 1966-67._.___.__.____......-...-_..-_.-.._-.--.._.____-_____--$ 18,300,000.00
(C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Federal Government, 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 High way System of roads and bridges, and the costs incident
TUESDAY, FEBRUARY 9, 1965
357
thereto (provided 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 sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bu reau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway De partment.
Maintenance and Betterments--
1965-66--.--------------------.----.---------$ 21,416,800.00 1966-67..-------------------------------------------$ 21,759,544.00
Planning and Construction--
1965-66.............------........------------------------I 47,483,200.00 1966-67.....--.-.---------------------------.-.$ 48,240,456.00
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 construction and maintenance.
1965-66-------------.-----------------------------$ 4,817,013.03 1966-67-.--....------------------------------$ 4,817,013.03
(E) For grants to counties for aid in county road construction and maintenance.
1965-66 ------....._... .------------------.------... .......$ 4,500,000.00 1966-67...-..-....-----------------------------------$ 4,500,000.00
Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be dis tributed and disbursed to the various counties of the
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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 mile age in the State, as such mileage information is furnished by the State Highway Department.
Provided further, that the governing authority of each county shall file an affidavit with the State Audi tor that the amounts received under (D) and (E) above were used only for county road construction and main tenance.
(F) Grants to Municipalities--For grants to munici palities in accordance with the law authorizing such grants.
1965-66.-------------------------$ 6,000,000.00 1966-67--.----.--------------------------$ 9,317,000.00
Provided, that the governing authority of each mu nicipality shall file an affidavit with the State Auditor that the amounts received under (F) were used only for road construction and maintenance.
Section 26. Georgia Historical Commission.
1965-66------------------.-------------- 1966-67----------------.-------------
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Operating Expenses ----------_.______---------- $121,844.00
Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia.
346,000.00 310,000.00
Section 27. Jekyll Island Committee.
1965-66------------------------------ 1966-67--------------------------
650,000.00 650,000.00
With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruction, protection of beaches, and other capital outlay require ments.
TUESDAY, FEBRUARY 9, 1965
359
Section 28. Labor, Department of.
(A) For the cost of operating the Commissioner's Of fice and Factory Inspection Division.
1965-66-.----_-------------___--_----_-$ 1966-67-----------------.---------------$
200,000.00 210,000.00
(B) For that part of cost of operations and Employ ment Security Agency as authorized by Act approved March 8, 1945.
1965-66-------------------.-----------$ 415,000.00 1966-67--------------------------------_$ 415,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Training Allowances ------__------$330,000.00 $330,000.00
Section 29. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and main tenance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the At torney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-ofway on the State road system.
1965-66---------------------..--...-----$ 525,000.00 1966-67-----------.--_--------------------_._--------$ 540,000.00
Section 30. Library, State.
1965-66.------.-----------.------------------.-..$ 1966-67--------------------------------------$
71,000.00 74,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
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1965-66 1966-67 Books for Library _._.-..._____._._.___..^$ll,000.00 $11,000.00
Operating Expenses ....... -.._.....-...._. $11,049.00
Section 31. Literature Commission, State.
1965-66......_.._..___......_.-_____._.........._____..............__._.._._._.. $ 1966-67_____.--___-_____._______-._._._________._________-____._.__.._$
20,000.00 20,000.00
Section 32. Pardons and Paroles, State Board of.
1965-66.__-_-.-______......_______........ .___.____,,_._______________.____$ 720,000.00 1966-67___._-_..-___-......,-__-____..-......-.____.........--._. ... $ 735,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services _._._.__________.________.$516,000.00 $525,000.00
Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1965-66........___.. __...._..._.___._________....._______ ._............._...__.._..$ 1966-67.... .....-..__.._......-..-.__.__..--._.._.__......._._._....._.$
93,000.00 93,000.00
Section 34. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1965-66........______.......________.__-_..-....-__....._._........._._......$ 758,000.00 1966-67........-.________....-.-_..--___--...._._...-.-..........$ 810,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services ..._....._.___..__..._ .$535,400.00 $568,400.00
Operating Expenses ___.__..___..._._._.$222,600.00 $241,600.00
Section 35. Public Defense, Department of.
For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
TUESDAY, FEBRUARY 9, 1905
361
1965-66_-_-__--_____-_-...--.--------------------_--$ 1966-67------________._._..-_..-_-......------------$
735,000.00 757,000.00
Section 36. Public Health, Department of.
(A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of private hospitals.
1965-66-..--.._.._..... .-._ -..___-..------......---- .......$ 9,225,000.00 1966-67.------.-.-------_-_-___-________------------$ 9,625,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Operating Expenses _._------$30,954,608.00 $32,524,537.00
(B) Authority Rentals--For annual cost of acquir ing Eugene Talmadge Memorial Hospital.
1965-66--------------------------_--------------$ 840,000.00 1966-67------_.----.. ...-------------.-------------$ 840,000.00
(C) For cost of operating the Alcoholic Rehabili tation Program.
1965-66------____----------------__.____----------$ 425,000.00 1966-67-.-.--_---_----------.....--------------_$ 425,000.00
(D) Department of Public Health--For the cost of operating the Battey State Hospital, including pre-admis sion and post-discharge services.
1965-66-_---___----.---_--------.._-----------$ 3,400,000.00 1966-67..-__.___._.--_....-.------------------------.$ 3,400,000.00
(E) Department of Public Health--Georgia Mental Health Institute. For the cost of operating the Mental Health Institute, including pre-admission and post-dis charge services.
1965-66....-----------------------.---------------$ 2,250,000.00 1966-67.-.--------------------____--------? 2,500,000.00
(F) Department of Public Health--Gracewood State School and Hospital. For the cost of operating the Grace-
362
JOURNAL OF THE HOUSE,
wood State School and Hospital, including pre-admission and post-discharge services.
1965-66------------------__..----..------------$ 5,000,000.00 1966-67------.-----_------..------.---------$ 5,500,000.00
(G) Department of Public Health -- Milledgeville State Hospital. For the cost of operating the Milledge ville State Hospital, including pre-admission and postdischarge services.
1965-66--------...--------_----------------? 19,000,000.00 1966-67--------._----.----------------------$ 20,500,000.00
(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.
1965-66-------------------------------------$ 2,000,000.00 1966-67-.-------------__--------------------$ 2,000,000.00
(I) Mental Retardation Institute. For the cost of de veloping, training and employing necessary personnel and for capital outlay, including the purchase of equipment.
1965-66---------------------------------$ 85,000.00 1966-67....__...___________.________$ 400,000.00
(J) Division for Water Quality Control.
1965-66--------_------------------_------------$ 75,000.00 1966-67---------------__------------------$ 100,000.00
(K) Authority Rentals--Mental Health Construc tion. For the cost of paying lease rentals to State Hos pital Authority, covering construction of mental health and mental retardation facilities.
1965-66-------------------------------$ 2,065,000.00 1966-67--------------------------------$ 2,065,000.00
Section 37. Public Safety, Department of.
1965-66..--------..-----------_------.-------$ 7,269,084.00 1966-67.--------.----..----------..--.-----------$ 7,754,841.00
TUESDAY, FEBRUARY 9, 1965
363
Section 38. Public Service Commission.
For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1965-66--------------------------------_- ....-$ 500,000.00 1966-67----------------------------------$ 510,000.00
Section 39. Public Welfare, Department of Family & Children Services--Operations--State.
(A) For the cost of operations of the State Welfare Programs.
1965-66.--------------------------------------$ 1,654,000.00 1966-67-_._.____..------____----------__--------$ 1,966,000.00
(B) Grants for administration and services--coun ties.
For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs.
1965-66----------------------------------------$ 3,529,000.00 1966-67--------------------------------------$ 3,960,000.00
(C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently disabled, and dependent children, and for children and youth care, all as authorized by law.
1965-66----_--___--------------------_--------$ 21,342,000.00 1966-67--------------.------------------------$ 24,013,000.00
(D) Institutions. For the cost of operation of the training schools and other institutions under the admin istration of the Department of Family and Children Serv ices.
1965-66-------------------------------------$ 3,594,000.00 1966-67------------------------------------------$ 3,834,000.00
Provided that the allocation to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services --------------------------$2,418,000.00 Operating Expenses ------_._.------_..........$2,256,000.00
364
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Section 40. Purchases, Supervisor of.
1965-66..-----------.-----.-------------------I 1966-67--------------___----.---- .----.------$
295,000.00 305,000.00
Section 41. Recreation Commission.
1965-66-------------_------------------$ 1966-67--------___----------------_............._----...----$
45,000.00 45,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services ----------._--_------$27,000.00 $28,400.00
Operating Expenses .......----..____--$18,000.00 $16,600.00
Section 42. Revenue, Department of.
(A) For cost of operating the Department of Reve nue.
1965-66.---....... _..--------------_--------......__...--$ 8,750,000.00 1966-67-------------------._.--------------._....._ ---- $ 8,950,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ----....----$5,523,000.00 $5,703,000.00
(B) Grants to counties--Tax re-evaluation.
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in finnacing tax re-evaluation studies.
1965-66--------------------.------------$ 1966-67------------------_---------------------------$
100,000.00 100,000.00
(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 origi nally appropriated, but not to exceed $300,000.00 in each
TUESDAY, FEBRUARY 9, 1965
365
of the next two fiscal years. Such amount shall be avail able for further tax evaluation loans to counties.
Section 43. Science and Technology Commission.
1965-661966-67-
40,600.00 40,600.00
Section 44. Secretary of State.
(A) Combined Divisions.
For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1965-66--.--------.--------------------------$ 1966-67-----------------------------------$
478,800.00 494,000.00
(B) Examining Boards.
1965-66---------------------------------------$ 1966-67----------.----.-------------------.$
554,000.00 564,000.00
(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 $815,000.00 per annum.
1965-66--....-.------------------------------.----$ 1,181,000.00 1966-67--------------------_-----.--__------$ 1,192,000.00
(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.
1965-66-----.-----------------------.------------$ 1966-67-------------------_--_--------.-----_$
435,000.00 450,000.00
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JOURNAL OF THE HOUSE,
(E) Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1965-66-.....-.._..__._-----___.._--._-----.--.$ 100,000.00 1966-67-................._.__---...___--_.-----...-.-I 100,000.00
Section 45. Stone Mountain Memorial Committee.
For operating costs including costs of improvements by convict labor.
1965-66.._._...._....._...._..__-........._..._-------------__--------$ 1966-67.-_________________._--__________._._._-----_--_________.$
400,000.00 400,000.00
Section 46. Treasury, State.
For operation of State Treasury including Bond Commissioner.
1965-66......_____---.--...._._---.----__-.--$ 1966-67___._..-_........._-__._.__........-.__..-_........_.$
122,500.00 122,500.00
Section 47. Veterans Service.
(A) For the cost of operating the Department of Veterans Service.
1965-66_____________-__-_..__-_~~._.___-_.____--_---____._-__$ 869,000.00 1966-67-........._..._.___--.----..______,,__-__._-.--.-.....______.$ 900,000.00
(B) For the cost of operating the Veterans Serv ice Board, Veterans Home.
1965-66-..................-______.-.....___._.____--_____-...,,.....$ 346,750.00 1966-67-..................____._.-...-......-....._.-_.._-.._..__-.....$ 346,750.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Payments to Veterans' Home ......$661,472.00 $660,236.00
(C) For the cost of pensions to Confederate Widows.
1965-66..__.___................__.__...............-------..-..-__-$ 1966-67........--._._-_-_--.__._._._.- ------..........$
100,000.00 90,000.00
TUESDAY, FEBRUARY 9, 1965
367
Section 48. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1965-66_--_.__-_-_-____._-___--_____._____________$ 512,676.00 1966-67---_----_..._-_.-__.._--__...___--..._....$ 526,737.00
Section 49. 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.
1965-66.--___-___---___.__._-._----_.____._-_....__.____$ 2,000,000.00 1966-67..--.____---_______-.-.____._..-_._---___.-.$ 2,000,000.00
Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.
Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each Department, Agency, or Institution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as provided for in this ap propriation act between any Department, Agency or In stitution of the State, and any Authority created and acti vated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the Department, Agency or Institution involved, an amount sufficient to
368
JOURNAL OP THE HOUSE,
satisfy such deficiency in full and the lease payment con stitutes 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.
Section 52. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommenda tion contained in the Budget Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 inclusive, except as otherwise speci fied 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 Chairmen and Vice-Chair men 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 recom mendation 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.
Section 53. 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 (Ga. Laws 1962, p. 17).
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 budget 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.
TUESDAY, FEBRUARY 9, 1965
369
TOTAL APPROPRIATION 1965-66.,..........._..._ $586,901,464.90
TOTAL APPROPRIATION 1966-67.._._.^-_-^$630,973,077.90
Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bolton of Spalding moved that this House do now adjourn until to morrow morning at 9:30 o'clock and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a. m. to morrow and HB 25 was carried over as unfinished business.
370
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 10, 1965
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 Rev. Marion Sherill, Pastor, 1st Methodist, Church, Conyers, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 205. By Mr. Ross of Lincoln: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 10, 1965
371
HB 206. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State Government and local gov ernments in the cost of the minimum foundation program; and for other purposes.
Referred to the Committee on Education.
HB 207. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to abolish the present method of compen sating the Sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sherfif; and for other purposes.
Referred to the Committee on Local Affairs.
HB 208. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
Referred to the Committee on Judiciary.
HR 125-208. By Mr. Milhollin of Coffee: A Resolution designating the George W. Pridgen Roadside Park; and for other purposes.
Referred to the Committee on Local Affairs:
HB 209. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 210. By Messrs. Bolton of Spalding, Hale of Dade, Steis of Harris, Lowrey of Floyd and Busbee of Dougherty:
A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment, and dates of assessment for such property; and for other purposes.
Referred to the Committee on Motor Vehicles.
372
JOURNAL OF THE HOUSE,
HB 211. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Dooly County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 212. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws, 1920, so as to alter the corporate limits of the City of Unadilla; and for other purposes.
Referred to the Committee on Local Affairs.
HR 127-212. By Messrs. Floyd of Chattooga, Thomason of Pickens, Dixon of Ware, Lewis of Wilkinson, Jessup of Bleckley and Mitchell of Whitfield:
A Resolution proposing an amendment to the Constitution so as to change the qualifications of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, Solicitors General of the Superior Courts, and the Attorney General; and for other pur poses.
Referred to the Committee on Judiciary.
HR 128-212. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper, Floyd of Chattooga, Paris of Barrow, Milhollin of Coffee, Brantley of Candler and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.
Referred to the Committee on Judiciary.
HB 213. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a Board of Commissioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 214. By Messrs. Sewell, Shea and Richardson of Chatham:
A Bill to be entitled an Act to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 10, 1965
373
HB 215. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to amned an Act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the Mayor and Council by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 216. By Messrs. Matthews and Bedgood of Clarke and Jones of Bibb:
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 operate citizens' band radio stations; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 217. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 218. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 114-403, relating to the subrogation rights of the employer, so as to provide the pro cedure for the release of a third parties' liability to an employer when said parties' liability has been reduced to judgment; and for other purposes.
Referred to the Committee on Judiciary.
HR 131-218. By Mr. Sewell of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of county surveyor within the several counties of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 219. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Chapter 88-1, relating to the Department of Public Health so as to increase the membership of the Board of Health; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
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JOURNAL OF THE HOUSE,
HB 220. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, by enlarging the present City boundaries and the corporate limits by the annexation of certain described property adjacent to the present City limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 221. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an Election Manager appointed by the City Manager; and for other purposes.
Referred to the Committee on Local Affairs.
HB 222. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 223. By Messrs. Caldwell of Upson, Stalnaker of Houston, Page of Upson, Peterson of Houston, Doster of Wilcox, Watkins of Gilmer and Pope of Cherokee:
A Bill to be entitled an Act to provide the procedure for placing the clerks of the superior courts upon an annual salary in lieu of all other methods of compensation; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 224. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the courthouse where materials incidental to the clerk's duties may be stored; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 225. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act making provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions, so as to provide that the term "employee" shall include an officer of a political subdivision of the State and certain deputies, clerks, assistants and other employees or personnel; and for other purposes.
Referred to the Committee on Judiciary.
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375
HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield, Williams of Hall, Harrell of Fayette and Lee of Clayton:
A Bill to be entitled an Act amending an Act amending Section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes.
Referred to the Committee on State of Republic.
HB 227. By Mr. Evans of McDuffie:
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 provisions of said Act relating to operating motor vehicles while under the in fluence of intoxicating liquor; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 228. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that no penalty shall be assessed a dealer submitting a delinquent return when no tax is due until after the expiration of ten days' written notice to the dealer that said return is delinquent; and for other purposes.
Referred to the Committee on Ways and Means.
HB 229. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene, and other petroleum products, so as to redefine the term "gasoline"; and for other purposes.
Referred to the Committee on Ways and Means.
HR 132-229. By Mr. McClelland of Fulton:
A Resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions, and that such expenditures shall be established as liens against the properties involved; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 230. By Messrs. Wiggins of Carroll, Jones of Lumpkin and Carr of Wash ington:
A Bill to be entitled an Act to amend an Act known as the "Stone Mountain Memorial Association Act", so as to change the membership of the association; and for other purposes.
Referred to the Committee on Judiciary.
HR 133-230. By Messrs. Clarke of Monroe and Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; and for other purposes.
Referred to the Committee on Judiciary.
HB 231. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to provide that driver's licenses shall be issued to applicants under the age of 21 only where such applicants have completed high school or are currently enrolled in high school; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 232. By Messrs. McClelland and Brooks of Fulton: 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 provide for a refund of a deposited security; and for other purposes.
Referred to the Committee on Judiciary.
HB 233. By Mr. Lewis of Wilkinson: A Bill to be entitled an Act to amend an Act providing that all persons applying for license tags for vehicles shall present an affidavit with their application, so as to provide that all persons applying for license tags for vehicles shall present a receipt or receipts from the appropriate ad valorem taxing authorities; 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 179. By Messrs. Wiggins and Reid of Carroll: A Bill to be entitled an Act to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
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377
HB 180. By Mr. Wiggins of Carroll:
A Bill to be entitled an Act to amend an Act creating a commissioner of roads and revenues for Carroll County, so as to change the compen sation of the commissioner; to change the compensation of the county attorney; and for other purposes.
HB 181. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, known as the fee system, so as to provide that fees earned prior to the effective date of this Act, and not yet collected, shall belong to the officers who earned them; and for other purposes.
HB 182. By Mr. Colwell of Union:
A Bill to be entitled an Act to amend an Act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer of Union County; and for other purposes.
HB 183. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to conform the practice and procedure in the City Court of Savannah in all matters and respects with the practice and procedure now or hereafter provided by law for the Superior Courts of the several counties of the State, except certain enumerated par ticulars; and for other purposes.
HB 184. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes.
HB 185. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide that the judgment of the court may also be revised upon a change in the wife's financial status or material change in the living conditions of either husband or wife; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 186. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend Code Section 30-101, relating to the manner in which divorces are granted, so as to change the time in which demands for jury trials shall be filed; and for other purposes.
HB 187. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the compensation of the ordinary; and for other purposes.
HB 188. By Messrs. Byrd of Walton, Wells of Oconee, Lee of Clinch and Lambert of Morgan:
A Bill to be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publsihing legal advertisements, so as to make uniform the rates to be allowed to the publishers for publishing legal advertisements in any and all counties of Georgia; and for other purposes.
HB 189. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the pro visions of Code Sections 92-4101 through 92-4104; and for other pur poses.
HB 190. By Messrs. Richardson, Sewell and Shea of Chatham:
A Bill to be entitled an Act to amend an Act entitled "Georgia Water Quality Control Act", so as to authorize the State to make grants to assist in construction of water pollution control projects with or without federal aid and assistance; and for other purposes.
HB 191. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to uninsured motorists, so as to provide that the insured shall not be entitled to recover under his policy until the extent of his recovery against the uninsured motorist shall be established and all efforts to collect same have been exhausted; and for other purposes.
HB 192. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of farmers markets, so as to authorize the Commissioner of
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379
Agriculture to enter into leases of land utilized for farmers markets upon which the lessee agrees to construct capital improvements; and for other purposes.
HR 122-192. By Mr. Pope of Cherokee:
A Resolution authorizing the conveyance of certain State property located in Cherokee County; and for other purposes.
HR 123-192. By Mr. Rush of Tattnall:
A Resolution designating the J. Cliff Kenndey-Reverend Reid B. Purcell Bridge; and for other purposes.
HR 124-192. By Mr. Rush of Tattnall:
A Resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes.
HB 193. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to create and establish the Madison-Morgan County Airport Authority; and for other purposes.
HB 194. By Mr. Rogers of Long:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Sheriff; and for other purposes.
HB 195. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 114-403, relating to the right of the employer to be subrogated to the recovery of the employee against third parties, so as to provide that the employer shall bear a proportionate share of the attorney's fees in the event the employee is represented by an attorney; and for other purposes.
HB 196. By Messrs. Fulford of Terrell, Rowland of Johnson, Bowen of Dooly, Newton of Colquitt, Russell of Thomas, Tucker of Henry, Hudgins of Chattahoochee, DeVane of Schley, Herndon of Appling and others:
A Bill to be entitled an Act to amend Section 84-1209 of the Code of Georgia of 1933, defining the practice of osteopathy, so as to redefine the practice of osteopathy; and for other purposes.
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HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston, Herndon of Appling, Arnsdorff of Effingham, Steis of Harris, Vaughan and Harris of Bartow:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide addi tional powers to the Georgia State Board of Barbers; and for other purposes.
HB 198. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 199. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to compensating the Ordinary of Bryan County by the payment of a salary to said Ordi nary, so as to change the compensation to be paid to the Ordinary of Bryan County; and for other purposes.
HB 200. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation and establishment of the City Court of Pembroke, so as to change the amount of compensation to be paid to the Solicitor of said City Court; and for other purposes.
HB 201. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the judge of said City Court; and for other purposes.
HB 202. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to create a State Rewards Board; and for other purposes.
HB 203. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax com missioner of Quitman County; and for other purposes.
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381
HB 204. By Mr. Mauldin of Franklin:
A Bill to be entitled an Act to reincorporate the City of Carnesville in the County of Franklin; to provide a new charter for said city; and for other purposes.
SB 15. By Senators Kendrick of the 32nd, Rowan of the 8th, Noble of the 19th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to prescribe the pro visions for establishing the basis for a minimum schedule of salaries; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to-wit:
SR 28. By Senator Broun of the 46th:
A Resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for Feb. 11-13, 1965; and for other purposes.
Mr. Kelly of Jasper County Vice Chairman of the Committee on Game and Fish submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish 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 62. Do Pass. Respectfully submitted, Kelly of Jasper Vice-Chairman.
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following report:
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Mr. Speaker:
Your Committee on Local Affairs 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 156. Do Pass. HB 160. Do Pass. HB 161. Do Pass. HB 162. Do Pass. HB 164. Do Pass. HB 175. Do Pass. HB 176. Do Pass. HB 177. Do Pass. HB 178. Do Pass. HB 179. Do Pass. HB 181. Do Pass. HB 182. Do Pass. HB 183. Do Pass. HB 184. Do Pass. HB 193. Do Pass. HB 194. Do Pass. HB 198. Do Pass. HB 199. Do Pass. HB 200. Do Pass. HB 201. Do Pass. HB 203. Do Pass. HB 171. Do Pass by Substitute. HB 172. Do Pass by Substitute. HB 180. Do Pass by Substitute. HR 117-149. Do Pass. HR 105-133. Do Pass as Amended. HR 65-112. Do Pass as Amended. HR 102-133. Do Pass as Amended.
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383
SB 5. Do Pass. HB 204. Do Pass as Amended.
Respectfully submitted, Tucker of Catoosa Chairman.
The following Resolutions of the House were read and adopted:
HE 134. By Messrs. Oglesby of Thomas and Jones of Bibb:
A RESOLUTION
Extending an invitation to Honorable Howard "Bo" Callaway to address the House of Representatives; and for other purposes.
WHEREAS, Honorable Howard "Bo" Callaway was elected at the General Election in 1964 to represent the 3rd Congressional District of Georgia in the United States Congress and is now serving as United States Representative from said District; and
WHEREAS, the Callaway Family is one of the most distinguished families in Georgia and has enriched the traditions of this State im measurably; and
WHEREAS, Congressman Callaway has continued to uphold these traditions and has rendered outstanding service to his State, particularly in the fields of industry and education; and
WHEREAS, he is a former member of the State Board of Regents and has continued to evidence a keen interest in the higher education facilities of this State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Howard "Bo" Callaway, United States Representative from the 3rd Congressional District of Georgia, is hereby extended a most cordial invitation to address this body on February 10, 1965, at such time as shall be agreed upon between the Speaker of the House and Congressman Callaway.
HR 135. By Messrs. Simkins of Richmond, Jones of Bibb and many others:
A RESOLUTION
Expressing support of a Resolution proposing an amendment to the Constitution of the United States introduced in the Senate of the United States; and for other purposes.
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WHEREAS, at the first Session of the 89th Congress a Resolution was introduced in the United States Senate which reads as follows:
"JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to preserve to the people of each State power to determine the com position of its legislature and the apportionment of the membership thereof in accordance with law and the provisions of the Constitution of the United States.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTA TIVES OF THE UNITED STATES OF AMERICA in Congress as sembled (two-thirds of each House concurring therein), That the follow ing article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
'ARTICLE--
Section 1. The right and power to determine the composition of the legislature of a State and the apportionment of the membership thereof shall remain in the people of that State. Nothing in this Con stitution shall prohibit the people from apportioning one house of a bicameral legislature upon the basis of factors other than population, or from giving reasonable weight to factors other than population in apportioning a unicameral legislature, if, in either case, such apportion ment has been submitted to a vote of the people in accordance with law and with the provisions of this Constitution and has been approved by a majority of those voting on that issue.
Section 2. This Article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the State within seven years from the date of its submission to the States by the Congress'."
WHEREAS, this Resolution is supported by many of the most able and respected Senators in the United States, including Senator Dirksen of Illinois, Senator Holland of Florida, Senator Lausche of Ohio, Senator Morton of Kentucky, Senator Sparkman of Alabama, Senator Thurmond of South Carolina, Senator Tower of Texas and many others.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby go on record as expressing its wholehearted support of said Resolution and urges the supporters of said Resolution in the United States Congress to continue to make all efforts to secure the adoption of said Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit copies of this Resolution to all members of the Georgia delegation in the United States Congress.
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385
HR 136. By Messrs. Smith of Lamar, Smith of Glynn and many others:
A RESOLUTION
Expressing regrets at the passing of Mrs. Lillie Strickland Lee; and for other purposes.
WHEREAS, Mrs. Lillie Strickland Lee, the mother of Honorable Fred S. Lee, Representative, Pike County, recently passed way; and
WHEREAS, she was a native Georgian and a life-long resident of Pike County; and
WHEREAS, she was beloved by all who knew her and was a devoted wife and mother;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Mrs. Lillie Strickland Lee, and that the sym pathy of all the members of this body is hereby extended to Representa tive Fred S. Lee and to the others members of the family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Honorable Fred S. Lee.
HR 137. By Mr. Bolton of Spalding:
A RESOLUTION
Extending best wishes to Representative and Mrs. Wilson Brooks; and for other purposes.
WHEREAS, Representative Wilson Brooks and his lovely wife, the former Audrey Crane, celebrated their 20th Wedding Anniversary on January 20, 1965; and
WHEREAS, they are the proud parents of two fine children, Bonnie Gayle, born March 1, 1956, and Bradley Wilson, born November 12, 1959;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body extend their sincerest congratulations to Representative and Mrs. Wilson Brooks upon the occasion of their 20th Wedding Anniversary and wish for them many more happy anniversaries.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Representative and Mrs. Wilson Brooks.
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JOURNAL OF THE HOUSE,
HR 138. By Mr. Dickinson of Douglas:
A RESOLUTION
Commending Principal Robert Alexander, Head Coach Donald Den ning, the coaching staff and football team of Douglas County High School; and for other purposes.
WHEREAS, Robert Alexander is the principal of Douglas County High School and has served in that position with distinction, honor and dedication to improving the minds and bodies of the youth of Georgia; and
WHEREAS, Donald Denning, in his first year as head football coach for Douglas County High School, has accomplished through his efforts the winning of the State Class AA football championship by his team; and
WHEREAS, through their dedication to education, sportsmanship and the youth of Georgia, Coach Denning and his excellent coaching staff inspired the football team of Douglas County High School to achieve this excellent distinction; and
WHEREAS, Coach Denning has been chosen Coach of the Year in Georgia for the year 1964;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Principal Robert Alexander, Head Coach Donald Denning, the entire coaching staff and football team of Douglas County High School are hereby commended for bringing honor and distinction to Douglas County High School and the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to send an appropriate copy of this Resolution to Principal Robert Alexander, Head Coach Donald Denning and Douglas County High School.
HR 144. By Messrs. Shea of Chatham, Houston of Pierce, and many others:
A RESOLUTION
Welcoming the municipal officials of the State of Georgia; and for other purposes.
WHEREAS, today has been officially designated as Mayors' Day; and
WHEREAS, the General Assembly is indeed honored to have visit ing with them on this date many of the outstanding municipal of ficials and employees from throughout the State of Georgia; and
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387
WHEREAS, it is befitting and proper that this body, at this time, take a moment of its time to express its deepest and sincerest apprecia tion to the officers of the Georgia Municipal Association and to all of the outstanding municipal officials who so generously give of their time and efforts in their endeavor to provide for a better Georgia; and
WHEREAS, the many services which the municipal officials provide for this body, and indeed for all of the citizens of this state, are of untold benefit; and
WHEREAS, it is desirable that a most hearty welcome be extended to Georgia's municipal officials and our sincerest appreciation for their fine work be extended.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does again express its deepest pleasure and enjoyment for the visit being paid to this body by the municipal officials of this state.
BE IT FURTHER RESOLVED that this body does hereby commend each and every municipal official for the outstanding manner in which they are performing their many and varied duties.
HR 145. By Mr. Howell of Early:
A RESOLUTION
Congratulating the coaching staff and players of the Blakely High Bob Cat football team; and for other purposes.
WHEREAS, in 1964 the Blakely High football team won the State Class-B championship by defeating Lovett High of Atlanta, 13-0; and
WHEREAS, said Blakely Bob Cats defeated Irwin County to obtain the region 1-B Crown and defeated Bradwell Institute for the South Georgia Class-B championship; and
WHEREAS, Ray Knight, the fine and outstanding young coach of this magnificent team was named by the Atlanta Touchdown Club as the 1964 Georgia High School Coach of the Year an honor which has seldom been bestowed upon coaches of the smaller high school teams; and
WHEREAS, during the last seven years, as head coach of the Blakely football team, Ray Knight has amassed a record of 61 wins, 14 losses and 3 ties; and
WHEREAS, prior to becoming head coach for Blakely, Ray Knight served as an assistant to the now principal of Blakely High School, Frank Buckner, and, during the Buckner-Knight tenure, this fine high
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JOURNAL OF THE HOUSE,
school football team compiled a record of 94 fins, 23 losses and 4 ties; and
WHEREAS, this is the first state championship ever won by Blakely High School, although they have won five regional titles and eight sub-regional titles; and
WHEREAS, the assistant coaches of Ray Knight, Wayne Proffitt, John Reid Stovall and Bobby Davis, have done an outstanding job in preparing and successfully coaching this fine team during the current season; and
WHEREAS, it is only befitting and proper that this body recognize the fine and outstanding achievements of the coaching staff and the individual members of this team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby commend Coach Ray Knight, the 1964 Georgia High School Coach of the Year, and his as sistant coaches, Wayne Proffitt, John Reid Stovall and Bobby Davis, and each and every individual member of the Blakely High Bob Cats' foot ball team for the fine season which they have enjoyed and for their past fine seasons.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit suitable copies of this Resolution to Coach Knight, his assistant coaches, Principal Frank Buckner, and each and every member of the 1964 Blakely High School football team.
HR 146. By Messrs. Stamaker of Houston, Perry of Marion, and many others:
A RESOLUTION
Commending Mr. Howard Absalom and the management and staff of WMAZ-TV; and for other purposes.
WHEREAS, Mr. Howard Absalom is the news director for WMAZTV in Macon, Georgia; and
WHEREAS, Mr. Absalom has been courteous and thorough in his coverage of the developments in the 1965 Session of the General As sembly of Georgia; and
WHEREAS, he has reported the news concerning the 1965 Session of the General Assembly in a fair and impartial manner; and
WHEREAS, Mr. Absalom is held in high esteem by the members of the General Assembly, especially the members of the General As sembly from middle Georgia.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and extend its appreciation to Mr. Howard Absalom and the management and staff of WMAZ-TV for their fair and impartial coverage of the developments in the General Assembly during the 1965 Session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Mr. Howard Absalom and the management and staff of WMAZ-TV.
SR 28. By Senator Broun of the 46th:
A RESOLUTION
Commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for Febru ary 11-13, 1965; and for other purposes.
WHEREAS, the interest of alumni in institutions of learning has been a vital factor in the gratifying progress of education in the nation and in Georgia; and
WHEREAS, the Alumni Society of the University of Georgia has compiled, over the years, a record of constructive service to the Uni versity and to the people of Georgia; and
WHEREAS, through the efforts of alumni, business and industrial firms of Georgia, a dedicated faculty, taxpayers, public officials and the General Assembly of Georgia, the University of Georgia has grown significantly in academic stature; and
WHEREAS, the Alumni Society of the University of Georgia has planned, for the weekend of February 11-13, 1965, at the Center for Continuing Education on the University campus, a worthwhile Seminar for its members and others; and
WHEREAS, this Seminar will offer to those in attendance, in cluding members of this General Assembly who are alumni of the University of Georgia, a valuable program of intellectual stimulation and reunion pleasures; and
WHEREAS, the General Assembly is interested in promoting the welfare of the University of Georgia in and giving support to all constructive activities of its Alumni Society;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body does hereby commend the Alumni Society of the University of Georgia for its initiative and dedication in making this Seminar available to its members.
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JOURNAL OP THE HOUSE,
BE IT FURTHER RESOLVED, that this body does hereby urge all alumni of the University of Georgia, including those who are members of the General Assembly, to give full and enthusiastic support to the Seminar through their attendance and participation.
The following resolutions of the House were read and referred to the Com mittee on Rules:
HR 139. By Messrs. Beck of Twiggs, Blair of Sumter and many others:
A RESOLUTION
Creating a committee to study the feasibility of providing school bus service to day students above the high school level; and for other purposes.
WHEREAS, there are many high school graduates who desire to achieve an education beyond the high school level who are unable, because of financial reasons, to become boarding students, and who, due to lack of transportation, are also unable to become day students; and
WHEREAS, suggestions have been made that a study should be undertaken relative to the possibility of high school graduates being furnished transportation to and from institutions of higher learning; and
WHEREAS, in this modern day and age when efforts are being made by public officials and others to see that all boys and girls of this State receive additional education, it behooves the General As sembly to receive as much information as possible concerning transporta tion of day students above the high school level.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to study the feasibility of providing school bus service to day students beyond the high school level. The committee shall be composed of three members of the House of Representatives to be appointed by the Speaker and three members of the Senate to be appointed by the President. The committee shall investigate and study the entire subject of providing such service including, but not limited to, the following:
(1) The advisability, desirability and feasibility of providing such service,
(2) By whom the service would be provided,
(3) How the service would be financed,
WEDNESDAY, FEBRUARY 10, 1985
391
(4) By whom the service would be administered.
The committee is authorized to consult with the State Department of Education, the Board of Regents, the educational institutions of the State, and all other persons, organizations, and institutions deemed desirable by the committee. The members of the committee shall be appointed within sixty days after the approval of this resolution by the Governor or after it otherwise becomes law. The members shall meet within thirty days after all members have been appointed for the purposes of organizing, electing such officers as deemed desirable and adopting procedures for the operation of the committee. The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committee, but shall receive the same for not more than fifteen days per member. The funds necessary to effectuate the purposes of this resolution shall come from the funds appropriated to or available to the legislative branch of the government. The committee shall make a report of its findings and recommendations on or before December 1, 1965 on which date the committee shall stand abolished.
HR 140. By Messrs. Irvin of Habersham, Barber of Jacskon and Story of Gwinnett:
A RESOLUTION
Creating a committee for the purpose of studying the possibility of a 12 month school year; and for other purposes.
WHEREAS, the State of Georgia is the owner of school property valued at approximately $800,529,988.00; and
WHEREAS, these facilities are being utilized to approximately only 60 per cent of their potential; and
WHEREAS, the Georgia School Board Association has originated a resolution to recommend that a committee be appointed to study the feasibility of operating a more efficient school system by maintaining the same system on a 12 month basis; and
WHEREAS, it is to the best interest of the State of Georgia to utilize these facilities to their fullest extent possible, thus insuring a greater return for each tax dollar spent on education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of 7 members to be appointed by the Speaker. The committee shall study the problem of the further utilization of school facilities by maintaining the school system on a 12 month basis. The members of the committee shall be appointed within 60 days after the approval of this resolution by the Governor or after it otherwise becomes law. Any vacancies which occur shall be filled by the person making the
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JOURNAL OF THE HOUSE,
original appointment. The members shall meet within 3 days after all members have been appointed for the purposes of organizing and elect ing such officers as deemed advisable and adopting procedures for the operation of the committee. The members shall receive the compensation, per diem expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 20 days per member. The members shall receive the same 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, which report shall be accompanied by such pro posed legislation as might be recommended by the committee. Such report shall be made on or before December 1, 1965, on which date the committee shall stand abolished.
HR 141. By Messrs. Melton and Bolton of Spalding and Acree of Towns:
A RESOLUTION
Creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other pur poses.
WHEREAS, it appears that the existing Georgia laws and proced ures relating to sex crimes and sex offenders are, in many instances, outmoded and in need of revision; and
WHEREAS, justice and the best interests of society require that from time to time we reexamine said laws and procedures in the light of experience and advancements in the fields of criminology, penology, psychiatry, psychology, sociology and other related areas of learning; and
WHEREAS, a systematic study and review of the problems, laws and procedures relating to sex crimes and sex offenders would provide the General Assembly with the background information necessary to adopt measures to more adequately protect our citizens and achieve more enlightened and humane justice in this field.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an Interim Committee to make a comprehensive study of the laws, procedures and problems relating to sex crimes and sex offenders. Said Committee shall be composed of eleven members to be selected as follows:
(1) Three members of the House of Representatives, to be ap pointed by the Speaker of the House of Representatives.
(2) Three members of the Senate, to be appointed by the LieutenantGovernor.
(3) Three members of the medical profession, to be appointed by the President of the Medical Association of Georgia.
WEDNESDAY, FEBRUARY 10, 1965
393
(4) One member shall be the Director of Corrections or a person appointed by said Director.
(5) One member shall be a psychologist, licensed by the State Board of Examiners of Psychologists, and shall be appointed by the President of the Georgia Psychological Association.
BE IT FURTHER RESOLVED that all departments and divisions of the State government shall make available to the Committee their records, statistics and other information and assistance necessary or convenient to fulfill the purposes of this Resolution.
BE IT FURTHER RESOLVED that the Committee shall select a Chairman from among its members and may hold such meetings at such places and at such times as it considers expedient and may do any other things consistent with this Resolution that are necessary or con venient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the Com mittee shall receive the same compensation, per diem expenses and al lowances authorized for legislative members of interim legislative com mittees except that the Director of Corrections or his appointee shall receive no additional compensation but shall receive actual and neces sary expenses relating to his services on the Committee. The members of the Committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or available to the legislative branch of the government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days per member.
BE IT FURTHER RESOLVED that said Committee shall be au thorized to utilize the services of the Office of Legislative Counsel in carrying out its responsibilities under this Resolution, and in this con nection may require said Office to review the laws and recent develop ments in other states in this field and provide such other assistance as may be required by said Committee.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as might be recommended by said Committee. Such report shall be made on or before December 1, 1965, on which date the Committee shall stand abolished.
HR 147. By Mr. Etheridge of Fulton:
A RESOLUTION
Creating the "Indigent Defendant Study Committee"; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, the problem of providing representation in the courts for indigent defendants has always existed but has become increasingly acute due to decisions of the Supreme Court of the United States; and
WHEREAS, in the case of Gideon vs. Wainwright, 372 U. S. 335, said Court held that state courts must appoint counsel for indigent de fendants; in the case of Douglas vs. California, 372 U. S. 353, the Gideon Doctrine was extended to include the right to counsel on appeals; and in the case of Escobedo vs. Illinois, 378 U. S. 478, said Court held that an indigent defendant must have counsel available during all stages of the proceedings once the criminal process "shifts from investigatory to accusatory"; and
WHEREAS, this is not a problem which is confined to the State of Georgia but exists in every state of the Union and is being con sidered by many groups and organizations; and
WHEREAS, many different suggestions have been made towards a solution to this problem, among them being the suggestion that a system of public defenders be created in Georgia; and
WHEREAS, the creation of such a system is advanced by some as the perfect solution, while others think it would be highly detrimental to create such a system and think that other suggestions have con siderably more merit; and
WHEREAS, a study of this problem and of all possible solutions should be made with a view towards determining the best possible solution for the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Indigent Defendant Study Committee" to be composed of 5 members of the House of Representatives to be appointed by the Speaker, and 5 members of the Senate to be appointed by the President, for the purpose of studying the problem relative to the furnishing of counsel for indigent defendants. The Committee shall work with other groups and organizations studying this same problem and shall seek and receive suggestions, looking to wards a solution to said problem. The members of the Committee shall be designated within 30 days after this Resolution becomes law, and the members shall meet within 30 days thereafter for the purpose of organizing, electing a Chairman, a Secretary, and such other officers as deemed advisable, and adopting procedures for its operation. The Committee is authorized to hold public hearings if deemed advisable. In order to perform its duties more efficiently, the Committee is authorized to purchase books, supplies, material and equipment. The members 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 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, 1965, on which date the Committee shall stand abolished.
WEDNESDAY, FEBRUARY 10, 1965
395
Under the General Order of Business, the following Bill of the House, being carried over as unfinished business, was again taken up for consideration:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, and for other purposes.
The previous question was ordered.
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION
The Speaker called the House to order.
Mr. Jones of Bibb introduced Honorable 'Bo' Callaway, Congressman from the Third District.
Honorable Galloway addressed the members of the House with a short but informative speech.
Under the General Order of Business, the following Bill of the House was again taken up:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, and for other purposes.
The following Committee amendments to the Committee substitute were read and adopted:
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JOURNAL OF THE HOUSE,
By striking from subsection (A) of Section 18 the following:
"1965-66 _______..._.___................... $238,096,493.00 1966-67 . . ________....._____. $256,261,885.00"
and substituting in lieu thereof the following:
"1965-66 .......... 1966-67 _-_-.....
$238,006,493.00 $256,171,885.00"
By striking from subsection (A) of Section 18 the following:
"Manpower Training ..._.___ __..._...__$1,800,000.00 $1,800,000.00"
and substituting in lieu thereof the following:
"Manpower Training .-,,-_-._..-$ 900,000.00 $ 900,000.00"
By striking from subsection (A) of Section 18 the following:
"Manpower Training ..._.._____._....._.$ 900,000.00 and substituting in lieu thereof the following:
$ 900,000.00
"Manpower Training _._.___-_.. --0-- Personal Services __.-_.._._. __.._.. $8,798,933.00
--0-- $9,177,966.00
Operating Expenses: Regular--Other than grants ....$8,182,800.00
$8,534,900.00
Section 18--By striking the appropriation of $238,006,493.00 for the year 1965-66 and inserting in lieu thereof the figure $238,060,293; and
By striking the appropriation of $256,171,885.00 for the year 1966-67 and inserting in lieu thereof the figure $256,225,685.00--Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Manpower Training ..__._________..$538,000.00
1966-67 $538,000.00
By striking from subsection (B) of Section 28 the following: "1965-66 ..____....______......______.___._-._.._ $415,000.00 1966-67 _-..-....___-._.._____---_._-__-$415,000.00"
WEDNESDAY, FEBRUARY 10, 1965
397
and substituting in lieu thereof the following:
"1965-66 .__._.____.----.......______._,, $237,500.00 1966-67 --_..___-..-_-__----.......--_-__$237,500.00"
By striking from subsection (B) of Section 28 the following:
"Training Allowances ........,....___$330,000.00
$330,000.00"
and substituting in lieu thereof the following:
"Training Allowances ____.------.. .$152,500.00
$152,500.00"
Section 28-B--By striking the appropriation of $237,500.00 for the year 1965-66 and inserting in lieu thereof the figure $183,700.00; and
By striking the appropriation of $237,500.00 for the year 1966-67 and inserting in lieu thereof the figure $183,700.00--Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Training Allowances .___--------.-$987,000.00
1966-67 $987,000.00
By striking in its entirety Section 37 and substituting in lieu thereof a new Section 37 to read as follows:
"Section 37. Public Safety, Department of.
1965-66 ----------......----_$7,406,584.00 1966-67-----------__$8,142,341.00
'Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Personal Services .--.----..----.$4,917,566.00
Operating Expenses ,,,,--------$2,432,018.00
1966-67 $5,413,570.00
$2,696,771.00' "
Mr. Laite of Bibb offered an amendment which was lost.
The following amendment was read and adopted:
Messrs. Pickard of Muscogee, Barber of Jackson, Farrar of DeKalb and Paris of Barrow move to amend Committee Substitute to HB 25, as amended, as follows:
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JOURNAL OF THE HOUSE,
By adding at the end of Section 20 the following:
"Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement System who retired on or before July 1, 1961."
The following amendment was read:
Mr. Brooks of Oglethorpe moves to amend HB 25 by Committee substitute as amended as follows:
By striking the words and figures "Total Appropriation 1965-1966, $586,901,464.90" and "Total Appropriation 1966-1967, $630,973,077.90" and substituting in lieu thereof the following:
"Total Appropriation 1965-66 Total Appropriation 1966-67
$591,401,464.90 $635,473,077.90"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Arnsdorff Ballard Beck Brackin Branch Brantley Brooks, Geo. B. Bynum Caldwell Clark, J. T. Dorminy Doster Evans Flynt Harrington Henderson Jessup
Johnson, B. Knight, D. W. Lee, F. S. Lee, G. B. Marshall Matthews, D. R. , Mauney McCracken McRae Milhollin Mixon Moate Moore, J. H. Moses Murphy Nessmith, P. Paris Phillips, L. L.
Poss Rainey Boss Rush Russell Savage Shuman Smith, J. R. Spillers Sweat Tabb Tidwell Tucker, Ray M. Wells Williams, G. J. Wilson Wright
Those voting in the negative were Messrs.:
Abney Anderson
Bagby Balkcom
Barber Bedgood
WEDNESDAY, FEBRUARY 10, 1965
399
Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Wilson Brown Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Collins, J. P. Colwell Conger Conner Crowe Dailey Dean DeLoach Dickinson Dixon Dollar Duncan, A. C. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Griffis Hale Harrell Harris, J. F.
Harris, J. R. Holder Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Mauldin McKemie Melton Merritt Minge Mitchell Moore, Don C. NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Page
Parker Peterson Phillips, G. S. Pickard Pope Potts Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Sewell Shea Simkins Simmons Simpson Smith, A. B. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Thomason Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, W. M.
Those not voting were Messrs.:
Acree Brown, Gene Coker, R. Collins, M. Davis DeVane Duncan, V. W. Hall Herndon
Hudgins Jordan, Ben C. Kelly Lane Matthews, C. McClelland McDaniell Newton, D. L. Pafford
Perry Reaves Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Thomas Woodward Mr. Speaker
On the adoption of the amendment, the ayes were 53, nays 124.
The amendment was lost.
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JOURNAL OF THE HOUSE,
Mr. Dunwody of Bibb offered an amendment which was Lost.
The following amendment was read and adopted:
Mr. Snow of Walker moves to amend Section 25 subsection F of the Committee Substitute of HB 25 as follows:
By striking in the last sentence the words "only for road con struction and maintenance" and substituting in lieu thereof the follow ing: "in accordance with the law authorizing such grants."
Mr. Lewis of Wilkinson offered an amendment which was Lost.
The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend total appropriation of
HB 25 by striking the appropriation of $586,901,464.90 for the year 1965-66 and inserting in lieu thereof the figure $586,771,464.90 and
by striking the appropriation of $630,973,077.90 for the year 1966-67 and inserting in lieu thereof the figure $631,093,077.90.
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 Acree Alien Anderson Arnsdorff Bagby Balkcom Barber Bedgood Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Branch
Brinkley Brook, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell
Conger Conner Dailey Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, V. W. Dunwody Etheridge Farrar Floyd
WEDNESDAY, FEBRUARY 10, 1965
401
Flynt Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R.
Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves
Reid
Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rowland
Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells
White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Ballard Beck Brackin Brantley
Evans Hutchinson Jones, G. Paul Lewis, E. B.
Mixon Ross Wright
Those not voting were Messrs.:
Brown, Gene
Coker, R.
Crowe
402
Davis Duncan, A. C. Griffin Hall Johnson, B.
JOURNAL OF THE HOUSE,
Kelly Pafford Roberts Knight, D. W. McClelland
Newton, D. L. Roper Smith, Chas. C. Smith, G. L. II Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 175, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
Messrs. Roper of Green, McClelland of Fulton, Roberts of Jones, Crowe of Worth, and Griffin of Glascock 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 25.
Mr. Hutchinson stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HB 25.
Mr. Coker of Cherokee had been granted Leave of Absence but before leaving requested that the Journal show him as voting "Aye" on HB 25.
Mr. Conner of Jeff Davis asked unanimous consent that the following Bill of the House be recommitted to the Committee on Insurance:
HB 63. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations, and for other purposes.
The Consent was granted and HB 63 was recommitted to the Committee on Insurance.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow.
THURSDAY, FEBRUARY 11, 1965
403
Representative Hall, Atlanta, Georgia Thursday, February 11, 1965.
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. Gilbert Cribbs, Elder, Anderson Primitive Baptist Church, Claxton, Georgia.
Prayer
O Lord our God how excellent is thy name. Thou our strength and refuge, father of all man-kind and ruler of every nation. God of truth and mercy who rules according to thy will and pleasure. Help us Lord to put our trust in Jesus our savior. Lord give us a thankful heart for a God like thee, one who loves and cares for us. Forgive us Lord for our many sins. Accept us as sheep of thy pasture and children of thy kingdom. Thank thee Lord for the many blessings you have bestowed upon us. Thank thee for men and women of wisdom and knowledge who have been chosen, elected, and deemed worthy for our country and state to be committed to their trust. Lord we pray thy blessings upon them, that may be guided by the divine revelation of our Lord Jesus Chist. Grant heavenly father, their labors will not be in vain, that we will have a better country to live in, and the spirit of thy love. May the nation hear the word of our savior before going to the cross, (Peace I leave with you, peace I give to you.) May there be peace in our hearts, our nation and the world over. Lord we pray that our state and nation will have a higher standard of morality, and heavenly father we pray for the affiliation of thy people. Reach out thy healing hand and restore us. We pray thy blessings for thy mother soil so it will bring forth its full strength, that the labors of thy hand will not have been in vain. Help us Lord to be subject to the powers to be. May we accept them and live in peace without violence and bloodshed, live as Christians bearing the mark of the Lord Jesus Christ in our bodies. Lord help us as a nation to form a more perfect union, to es tablish justice, insure domestic tranquility, promote general welfare, provide for the common defense. Now gracious Father, bless these men and women as they have been faithful over a few things so will they be made ruler over many. May they be able to say, I have fought a good fight and kept thy faith.
I know there is a crown of righteousness reserved and kept by the power of God to be revealed in the last days. Lord bless each ruler of our country that they rule well, keeping thy commandments. These blessings we ask in the name of Jesus our Savior. Amen.
Mr. Shea of Chatham was granted Leave of Absence today due to illness.
By unanimous consent the call of the roll was dispensed with.
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JOURNAL OF THE HOUSE,
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General
Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 234. By Mr. Crowe of Worth: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 235. By Mr. Crowe of Worth: A Bill to be entitled an Act to amend an Act establishing a City Court in the City of Sylvester, so as to increase the salary of the Judge and Solicitor of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 11, 1965
405
HB 236. By Messrs. Parker of Screven, Lane of Bulloch, Byrd of Walton, Arnsdorff of Effingham, Story of Gwinnett, Strickland of Evans, Nessmith of Bulloch, Newton of Colquitt, Johnson of Warren, Oglesby of Thomas and Melton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act, so as to provide that certificated professional personnel shall not be assigned to serve as classroom teachers and shall not serve as classroom teachers; and for other purposes.
Referred to the Committee on Education.
HB 237. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment and terms of office of members of the 'Bruns wick and Glynn County Development Authority'," so as to define the word "commerce" as used in said Act; and for other purposes.
Referred to the Committee on Local Affairs.
HB 238. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 239. By Mr. Pafford of Lanier:
A Bill to be entitled an Act to provide that the Sheriff of Lanier County shall be compensated on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 240. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Gainesville and the Acts amendatory thereof"; so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, DeVane of Schley, Jessup of Bleckley and Steis of Harris:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations and amending, revising and perfecting
406
JOURNAL OF THE HOUSE,
the corporation laws of this State, and to amend Section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations; and for other purposes.
Referred to the Committee on Judiciary.
HB 242. By Mr. Singer of Stewart: A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; to provide for the election of members; and for other purposes.
Referred to the Committee on Judiciary.
HB 243. By Mr. Mauney of White: A Bill to be entitled an Act to place the Sheriff of White County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 244. By Messrs. Vaughan and Harris of Bartow: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HR 142-244. By Mr. Singer of Stewart: A Resolution proposing an amendment to the Constitution, so as to provide for the compensation and allowances of members of the General Assembly; and for other purposes.
Referred to the Committee on Judiciary.
HB 245. By Messrs. Chandler and Harrington of Baldwin, Rainey of Crisp, Brown of Hart, Murphy of Haralson and Paris of Barrow: A Bill to be entitled an Act to provide for the cost of caring for persons in institutions under the control of the Georgia Department of Public Health to be assessed against the assessable income of the patient; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
THURSDAY, FEBRUARY 11, 1965
407
HB 246. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to prescribe additional re quirements for the adequacy of parking brakes for certain motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 247. By Messrs. Wiggins of Carroll, Jones of Lumpkin and Carr of Washington:
A Bill to be entitled an Act to amend an Act known as the "Stone Mountain Memorial Association Act", so as to limit the power of the authority to borrow money for certain purposes; and for other purposes.
Referred to the Committee on Judiciary.
HR 143-247. By Messrs. Etheridge and Brooks of Fulton:
A Resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 248. By Messrs. Rhodes of Baker, Jones of Bibb, Luke and Simkins of Rich mond, Jordan of Cobb, Oglesby of Thomas, Dollar of Decatur and Hale of Dade:
A Bill to be entitled an Act to amend Section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior to the general election within which any candidate required to accompany his notice of candidacy with a nomination petition must file such notice; and for other purposes.
Referred to the Committee on Judiciary.
HB 249. By Messrs. Oglesby and Russell of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pension and annuity program; to provide that the City may levy and collect a tax upon the salaries of employees of the City with out limitation as to the rate of such tax; and for other purposes.
Referred to the Committee on Local Affairs.
HB 250. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations, so as to provide that a corporation authorized to issue
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JOURNAL OP THE HOUSE,
more than one class of stock may issue a separate statement stating the preferences and rights of holders of each class of stock in lieu of summarizing such preferences and rights on the back of the certificate; and for other purposes.
Referred to the Committee on Judiciary.
HB 251. By Mr. Dailey of Randolph:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Randolph County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 252. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide that all contracts entered into by the State Highway Department for road work shall include a pro vision calling for the sowing and appropriate vegetation on all banks, fills and cuts along the right-of-way of the road project; and for all purposes.
Referred to the Committee on Highways.
HB 253. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to create a new charter for the City of Gordon, Georgia; and for other purposes.
Referred to the Committee on Local Affairs.
HB 254. By Messrs. Acree of Towns, Watkins of Gilmer, Savage of Macon, Coker of Cherokee and Holder of Dodge:
A Bill to be entitled an Act to authorize sterilization of individuals by doctors of medicine; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 255. By Mr. Acree of Towns:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes.
Referred to the Committee on Judiciary.
HB 256. By Messrs. Harris and Parrar of DeKalb, Simkins of Richmond, Marshall of Putnam, and McDaniell of Cobb:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change
THURSDAY, FEBRUARY 11, 1965
409
and revise certain provisions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period covered by such licenses, reciprocal agreements, and advertising real estate; and for other purposes.
Referred to the Committee on Judiciary.
HB 257. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act creating a retirement system for State employees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circumstances; and for other purposes.
Referred to the Committee on Judiciary.
HB 258. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the Mayor and Council of said town; and for other purposes.
Referred to the Committee on Local Affairs.
HB 259. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia Civil Defense; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 260. By Mr. Moore of Stephens:
A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for an addi tional deputy in the sheriff's office; 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 205. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 206. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to the participation by the State Government and local govern ments in the cost of the minimum foundation program; and for other purposes.
HB 207. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to abolish the present method of com pensating the Sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes.
HB 208. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
HR 125-208. By Mr. Milhollin of Coffee:
A Resolution designating the George W. Pridgen Roadside Park; and for other purposes.
HB 209. By Messrs. Bolton and Melton of Spalding:
A Bill to be entitled an Act to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department; and for other purposes.
HB 210. By Messrs. Bolton of Spalding, Hale of Dade, Steis of Harris, Lowrey of Floyd and Busbee of Dougherty:
A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assess ment, and dates of assessment for such property; and for other purposes.
HB 211. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Dooly County, known as the fee system; and for other purposes.
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411
HB 212. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws, 1920, so as to alter the corporate limits of the City of Unadilla; and for other purposes.
HR 127-212. By Messrs. Floyd of Chattooga, Thomason of Pickens, Dixon of Ware, Lewis of Wilkinson, Jessup of Bleckley and Mitchell of Whitfield:
A Resolution proposing an amendment to the Constitution so as to change the qualifications of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, Solicitors General of the Superior Courts, and the Attorney General; and for other pur poses.
HR 128-212. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper, Floyd of Chtatooga, Paris of Barrow, Milhollin of Coffee, Brantley of Candler and many others:
A Resolution requesting Congress to call a Convention for the purpose proposing an amendment to the Constitution of the United States; and for other purposes.
HB 213. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes.
HB 214. By Messrs. Sewell, Shea and Richardson of Chatham:
A Bill to be entitled an Act to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes.
HB 215. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Atheiw", so as to authorize the Mayor and Council by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owners; and for other purposes.
HB 216. By Messrs. Matthews and Bedgood of Clarke and Jones of Bibb:
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 operate citizens' bands radio stations; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 217. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories; and for other purposes.
HB 218. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 114-403, relating to the subrogation rights of the employer, so as to provide the procedure for the release of a third parties' liability to an employer when said parties' liability has been reduced to judgment; and for other purposes.
HR 131-218. By Mr. Sewell of Chatham:
A Resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of county surveyor within the several counties of Georgia; and for other purposes.
HB 219. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Chapter 88-1, relating to the Department of Public Health so as to increase the membership of the Board of Health; and for other purposes.
HB 220. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, by enlarging the present City boundaries and corporate limits by the annexation of certain described property adjacent to the present City limits; and for other purposes.
HB 221. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an Election Manager appointed by the City Manager; and for other purposes.
HB 222. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes.
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413
HB 223. By Messrs. Caldwell of Upson, Stalnaker of Houston, Page of Upson, Peterson of Houston, Doster of Wilcox, Watkins of Gilmer and Pope of Cherokee:
A Bill to be entitled an Act to provide the procedure for placing the clerks of the superior courts upon an annual salary in lieu of all other methods of compensation; and for other purposes.
HB 224. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the courthouse where materials incidental to the clerk's duties may be stored; and for other purposes.
HB 225. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act making provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions, so as to provide that the term "employee" shall include an officer of a political subdivision of the State and certain deputies, clerks, assistants and other employees or personnel; and for other purposes.
HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield, Williams of Hall, Harrell of Fayette and Lee of Clayton:
A Bill to be entitled an Act amending an Act amending Section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due accord ing to the Tax Net Digest; and for other purposes.
HB 227. By Mr. Evans of McDuffie:
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 provisions of said Act relating- to operating motor vehicles while under the in fluence of intoxicating liquor; and for other purposes.
HB 228. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that no penalty shall be assessed a dealer submitting a delinquent return when no tax is due until after the expiration of ten days' written notice to the dealer that said return is delinquent; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 229. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene, and other petroleum prod ucts, so as to redefine the term "gasoline"; and for other purposes.
HR 132-229. By Mr. McClelland of Fulton:
A Resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions, and that such expenditures shall be established as liens against the properties involved; and for other purposes.
HB 230. By Messrs. Wiggins of Carroll, Jones of Lumpkin and Carr of Washington:
A Bill to be entitled an Act to amend an Act known as the "Stone Mountain Memorial Association Act", so as to change the membership of the association; and for other purposes.
HR 133-230. By Messrs. Clarke of Monroe and Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to re quire notice of candidacy for write-in candidates; and for other purposes.
HB 231. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to provide that driver's licenses shall be issued to applicants under the age of 21 only where such applicants have completed high school or are currently enrolled in high school; and for other purposes.
HB 232. By Messrs. McClelland and Brooks of Fulton:
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 provide for a refund of a deposited security; and for other purposes.
HB 233. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act providing that all persons applying for license tags for vehicles shall present an affidavit with their application, so as to provide that all persons applying for license tags for vehicles shall present a receipt or receipts from the appropriate ad valorem taxing authorities; and for other purposes.
THURSDAY, FEBRUARY 11, 1965
415
HR 141. By Messrs. Melton and Bolton of Spalding:
A Resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders, and for other purposes.
HR 147. By Mr. Etheridge of Fulton:
A Resolution creating an Indigent Defendant Study Committee, 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 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A Bill to provide home rules for municipalities; to provide for a short title; to provide methods for the creation, dissolution, merger, and boundary changes of municipalities; to provide the procedure con nected therewith; and for other purposes.
SR 14. By Senators Pennington of the 45th, Loggins of the 53rd and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:
HR 129. By Mr. Savage of Macon:
A Resolution expressing regrets at the passing of the Rt. Hon. Sir Winston Spencer Churchill, K. G., O. M., C. H.; and for other purposes.
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 82. By Messrs. Knight and Lovett of Laurens:
A Bill to implement that amendment to Article VIII, Section V, Para graph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes.
Mr. Conner of Jeff Davis County, Chairman of the Committee on Insurance, has submitted the following report:
Mr. Speaker:
Your Committee on Insurance 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 63. Do Pass, as Amended.
Respectfully submitted, Conner of Jeff Davis, Chairman.
By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees:
SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th:
A Bill to be entitled an Act to provide home rule for municipalities; and for other purposes.
Referred to the Committee on Judiciary.
SR 14. By Senators Pennington of the 45th, Loggins of the 53rd, Spinks of the 9th and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States relative to apportionment; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
THURSDAY, FEBRUARY 11, 1965
417
HB 156. By Mr. Poss of Madison:
A Bill to be entitled an Act to amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Colbert, by creating a new charter, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 160. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 161. By Mr. Brown of Hart: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance for Hart County, so as to provide that custody of all county property shall be vested in said board, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 162. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensating the Coroner of Hart County, known as 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 164. By Mr. Grahl of Peach:
A Bill to be entitled an Act to abolish the office of treasurer of Peach County, to provide for the transfer of the duties of said office to the governing authority of Peach 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 175. By Mr. Marshall of Putnam:
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 Putnam, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Putnam County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 11, 1965
419
HB 176. By Mr. Marshall of Putnam:
A Bill to be entitled an Act to place the Coroner of Putnam County upon a monthly salary in lieu of the fee system, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 177. By Mr. Grahl of Peach: A Bill to be entitled an Act to amend an Act incorporating the town of Fort Valley as the City of Fort Valley, so as to provide for numbered city council posts and for numbered posts for the utilities 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 178. By Mr. Rhodes of Baker: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Baker County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
Mr. Rhodes of Baker moved that HB 178 be immediately transmitted and the motion prevailed.
HB 178 was ordered immediately transmitted to the Senate.
HB 179. By Messrs. Wiggins and Reid of Carroll:
A Bill to be entitled an Act to place the sheriff of Carroll County upon an annual 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 181. By Mr. Dickinson of Douglas:
A Bill to be entitled an Act to amend an Act providing for the abolish ing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner, of Douglas County, known as the fee system, so as to provide that fees earned prior to the effective date of this Act, and not yet collected, shall belong to the officers who earned them, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 182. By Mr. Colwell of Union:
A Bill to be entitled an Act to amend an Act placing the treasurer of Union County, on a salary basis, so as to change the compensation of the treasurer of Union County, and for other purposes.
THURSDAY, FEBRUARY 11, 1965
421
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 183. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to conform the practice and procedure in the City Court of Savannah in all matters and respects with the prac tice and procedure now or hereafter provided by law for the Superior Courts of the several counties of the State, except certain enumerated particulars, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 184. By Mr. Rainey of Crisp: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 193. By Mr. Lambert of Morgan: A Bill to be entitled an Act to create and establish the Madison-Morgan County Airport 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 194. By Mr. Rogers of Long:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 198. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation of the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 199. By Mr. Shuman of Bryan: A Bill to be entitled an Act to amend an Act relating to compensating the Ordinary of Bryan County by the payment of a salary to said Ordinary, so as to change the compensation to be paid to the Ordinary of Bryan County, and for other purposes.
THURSDAY, FEBRUARY 11, 1965
423
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 200. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the creation and establishment of the City Court of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the Solicitor of said 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 201. By Mr. Shuman of Bryan:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a City Court of Pembroke in and for the City of Bryan, so as to change the amount of compensation to be paid to the judge of said 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 203. By Mr. Balkcom of Quitman: A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commismissioner of Quitman County, 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 BiU, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 5. By Senator Sanders of the 41st:
A Bill to be entitled an Act to amend the charter of the City of Lithonia, and the several Acts amendatory thereof by providing for qualifying fees and notice of candidacy for the office of 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 41. By Mr. Smith of Lamar:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code of Georgia of 1933 relating to fees paid Coroners, so as to change the compensation 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 171. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; and for other purposes.
THURSDAY, FEBRUARY 11, 1965
425
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend an Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. Laws 1909, p. 731), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2515), and an Act approved March 6, 1962 (Ga. Laws 1962, p. 3186), so as to change the compensation of the mayor and members of the city council of the City of Dawson; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. Laws 1909, p. 731), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 2515), and an Act approved March 6, 1962 (Ga. Laws 1962, p. 3186), is hereby amended by striking from Section 2 the sentences:
"The mayor shall receive a salary of $500 per annum in full compensation for his services. Each councilman shall receive a sal ary of $100 per annum in full compensation for his services. Said sums to be paid out of the city treasury, and to be effective from and after January 1st, 1910, and shall apply to the mayor and each councilman now in office.",
and inserting in lieu thereof the following sentences:
"The mayor shall receive a salary of $100 per month in full compensation for his services. Each councilman shall receive a salary of $100 per annum and the sum of $20 additional for each meeting of the city council he attends during the year in full compensation for his services. Said sums shall be paid out of the city treasury, and shall apply to the mayor and each councilman now in office.",
so that when so amended Section 2 shall read as follows:
"Section 2. There shall be a mayor and six councilmen of the city of Dawson, who shall collectively be known as 'the city council of Dawson'. On the second Wednesday in December, 1909, in the City of Dawson, there shall be held an election for three coun cilmen. On the second Wednesday in December, 1910, in the City of Dawson, three shall be held an election for a mayor and three councilmen. Said elections shall be held in the court house in Dawson, Georgia, or in the council chamber of said city. The officers aforesaid, and their successors in office, shall serve for a term of two years and until their successors are elected and qualified. An nually thereafter, on the second Wednesday in December, at the same place, an election shall be held to fill the vacancies occurring
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in the city council of Dawson by virtue of the expiration of the term of office of the mayor or councilman, either or both. Provided, however, that the present incumbents shall hold their office until the expiration of the term of office for which they were elected. The mayor and four councilmen shall constitute a quorum. In the event of a vacancy occurring in the office of mayor or of any mem ber of the council, from any cause, then in that event the city council of Dawson shall have power and authority and shall order an election to fill such vacancy, said election to be held within thirty days after the date of the order aforesaid, during which time the
said order shall be published in the official gazette of the City of Dawson. Said elections shall be held at the usual place of holding elections for mayor and aldermen in the City of Dawson, and in all respects regulated, managed and control in the manner here inafter provided for the elections of such officers. The term of office of the mayor and each councilman shall begin January 1st, following his or their election, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall be qualified immediately upon the declaration of the result of his election, and and shall fill the unexpired term of the officer whose terms he fills. On January 1st, or as soon thereafter as may be, the city council of Dawson shall meet for the purpose of organization, at which time each member thereof shall be sworn to faithfully perform his duties as mayor or councilman, as the case may be, of the City of Dawson, according to the laws of the State of Georgia and the ordinances of the City of Dawson, to the best of his ability and understanding. When organized according to law the city council of Dawson shall at once proceed to elect from their number a mayor pro tern., who shall in the absence, or disqualification of the mayor be vested with all the power and authority of the mayor, and as such execute all the duties of the mayor. They shall elect from their number a chairman of the fire committee, a chairman of the light and water committee, a chairman of the street, cemetery and sewerage com mittee, a chairman of the finance committee and such other chair men as they may deem necessary. They shall elect a clerk of the city council of Dawson, who shall be ex-officio tax collector of the City of Dawson, which said officer shall receive a salary of $1,000.00 per annum; also a city treasurer who shall receive a salary of $100.00 per annum; also a city attorney who shall receive a salary of $250.00 per annum. No other compensation or em lument what ever shall be paid the officers aforesaid except as above stated. They shall also elect a chief of fire department, chief of police, and in their discretion a city physician, or health officer, and such other employees of the city as they may deem necessary, and they shall have power and authority to fix and provide for the com pensation of the employees so elected. Of the city clerk and tax collector they shall require a bond or not less than $10,000; of the city treasurer a bond of not less than $15,000, and of the chief of police a bond of not less than $2,500, and a suitable bond for such other employees as they may see proper; they shall have the right and authority to prescribe the duties of the said officers and em ployees, to provide rules and regulations governing them and to discharge them upon such conditions as they may fix. The city council shall have the power from time to time to adopt such rules and regulations for their own government as they may deem neces-
THURSDAY, FEBRUARY 11, 1965
427
sary. The mayor shall receive a salary of $100 per month in full compensation for his services. Each councilman shall receive a salary of $100 per annum and the sum of $20 additional for each meeting of the city council he attends during the year in full compensation for his services. Said sums shall be paid out of the city treasury, and shall apply to the mayor and each councilman now in office. The mayor and each councilman shall be eligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No persons shall be eligible to the office of mayor who is not twenty-five years of age, who has not resided in the City of Dawson for a period of five years next preceding the date of his election, and who is not a qualified voter in the City of Dawson. No person shall be eligible to the office of councilman of the City of Dawson who is not twenty-one years of age, and who has not resided in the City of Dawson for a period of not less than three years next prior to his election and who is not a qualified voter of the City of Dawson."
SECTION 2.
It shall be the duty of the governing authority of the City of Dawson to issue the call for an election for the purpose of submitting this Act to the voters of the City of Dawson for approval or rejection, such election to be held during the calendar year 1965. The governing authority shall issue the call for such election at least three weeks prior to the date thereof. The governing authority 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 Terrell County. The ballot shall have written or printed thereon the words:
"For approval of the Act to change the salary of the mayor and council of the City of Dawson.
"Against approval of the Act to change the salary of the mayor and council of the City of Dawson."
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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Dawson. It shall be the duty of the governing authority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shaft be their further duty to certify the result thereof to the Secretary of State.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
HB 172. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connection therewith, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. Laws 1909, p. 731), as amended, so as to authorize the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connec tion therewith; to provide the method of such sale or disposition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. Laws 1909, p. 731), as amended, is hereby amended by inserting between Section 6 and Section 7, three new Sections to be designated Section 6A, Section 6B and Section 6C to read as follows:
"Section 6A. The City Council of Dawson shall have the power and authority, to be exercised according to their best judgment and discretion, to sell and dispose of any real property or interest therein owned by the City of Dawson and any fixtures or personal property attached thereto or used in connection therewith."
"Section 6B. Any sale and disposition of real property or inter est therein or any fixtures or personal property attached thereto shall be made only after advertising the sale of such property in the newspaper in which the Sheriff's advertisements are published In Terrell County once a week for four weeks. The advertisement
THURSDAY, FEBRUARY 11, 1965
429
shall describe the property, state the time within which the bids will be received, the place where the bids are to be sent, the form of the bid, the amount if any to be deposited with the bid, whether the sale is to be for cash or on terms, and if on terms, a statement thereof, and such other information as the City Council of Dawson shall deem appropriate. The sale shall be to the highest bidder. The City Council of Dawson shall have the right to reject all bids."
"Section 6C. This Act shall not be construed in any manner as effecting or limiting the right of the City Council of Dawson to sell or otherwise dispose of personal property or any interest therein including that mentioned herein, of the City of Dawson, at private sale or otherwise."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 204. By Mr. Mauldin of Franklin:
A Bill to be entitled an Act to reincorporate the City of Carnesville in the County of Franklin, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 204 as follows:
By renumbering Sections 5.05 and 5.06 as Sections 5.06 and 5.07 respectively.
By adding a new Section after Section 5.04 and before renumbered Section 5.06 to be known as Section 5.05 and to read as follows:
"Section 5.05. Specific repealer. An Act creating a new char ter for the City of Carnesville in the County of Franklin, approved August 20, 1913 (Ga. Laws 1913, p. 641), as amended by an Act approved March 26, 1947 ( Ga. Laws 1947, p. 834), an Act approved
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JOURNAL OF THE HOUSE,
March 7, 1955 (Ga. Laws 1955, p. 3173), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2644), and an Act approved March 10, 1959 (Ga. Laws 1959, p. 2947), is hereby repealed in its entirety."
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 180. By Messrs. Wiggins and Reid of Carroll:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Carroll County, so as to change the com pensation of the Commissioner, 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 commissioner of roads and revenues for Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 2872), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 2734), so as to change the compensation of the commissioner; to delete therefrom the provisions relating to the em ployment of a county attorney; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a commissioner of roads and revenues for Carroll County, approved February 21, 1951 (Ga. Laws 1951, p. 3310), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 2872), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 2734), is hereby amended by striking in its entirety Section 6 and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be nine thousand ($9000.00) dollars per annum, payable monthly, at the end of each month, and in addition, thereto, he shall be allowed an expense ac-
THURSDAY, FEBRUARY 11, 1965
431
count to cover the costs incurred in traveling and any other ex penses incidental to the performance of his duties which shall not exceed twenty-four hundred ($2400.00) per annum."
SECTION 2.
Said Act is further amended by striking in its entirety Section 15 and substituting in lieu thereof a new Section 15 to read as follows:
"Section 15. Be it further enacted by the authority aforesaid, that the said commissioner shall have authority to employ a county physician if necessary, in such manner and for such compensation as may serve the provisions of the law and the best interest of the county."
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following resolutions of the House were taken up for consideration and read the third time:
HR 117-149. By Messrs. Richardson and Shea of Chatham:
A RESOLUTION
Proposing an amendment to Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Sa vannah Port Authority"; to prescribe that the number of members there of shall be increased from ten to nineteen members who shall serve for periods of not less than one nor more than five years; to confirm and declare that the statutory body bearing either of said names is one and the same body as the said constitutional authority; to confirm title to property in said authority acquired in either name before or after the adoption on November 4, 1952, of said constitutional amendment; to
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JOURNAL OF THE HOUSE,
provide for the submission of this amendment for ratification or rejec tion by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V of the Constitution is hereby amended by striking from Paragraph II of Section VII the words "Savannah District Authority" as they appear in the first paragraph of said Paragraph II and substi tuting in lieu thereof the words "Savannah Port Authority", by striking the first sentence of the second paragraph of said Paragraph II and substituting in lieu thereof the following sentence:
"The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment.",
by adding at the end of the third paragraph of said Paragraph II the following sentence:
"Title to all lands, acquired by the statutory body named 'Sa vannah Port Authority' and renamed 'Savannah District Authori ty', owned by said statutory authority at the time of its elevation to constitutional status under the name of Savannah District Au thority, is confirmed and is vested in said constitutional authority hereby named 'Savannah Port Authority', which authority is here by recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name.",
and by adding at the end of said Paragraph II the following:
"All acts of the persons now sitting, and who have sat, as mem bers of the Savannah District Authority, and acts of those members holding over under the Act of 1961 (Georgia Laws 1961, p. 2958), are hereby affirmed and ratified.",
so that when so amended Paragraph II of Section VII of Article V shall read as follows:
"Paragraph II. There is hereby created a body corporate and politic to be known as the "Savannah Port Authority" which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Chatham County and the City of Savannah.
"The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment.
THURSDAY, FEBRUARY 11, 1965
433
Said authority shall elect a chairman, and a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the authority. Said members shall be appointed as provided by law and shall have such powers and duties as may be prescribed by the General Assembly and shall receive such ad ditional powers as may be delegated to said authority by the Coun ty of Chatham or the City of Savannah.
"All lands the title to which is vested in said authority, and the improvements thereon, shall be exempt from State and local taxation. Title to all lands, acquired by the statutory body named 'Savannah Port Authority' and renamed 'Savannah District Au thority', owned by said statutory authority at the time of its ele vation to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authori ty hereby renamed 'Savannah Port Authority', which authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name.
"Said authority is created for the purpose of developing indus trial growth and expansion and for the purpose of making long range plans for the coordination of commerce, industry and traffic within its territorial limits and shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Chatham or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time con fer. Said authority is created for the purpose of promoting for the public good industrial growth and expansion and planning as afore said without profit and any funds realized by said authority shall be continually and constantly expended for the development of in dustry and commerce and long range planning of traffic and facili ties for the purpose of coordinating the same as set forth in the Act of the General Assembly creating said authority. All acts of the persons now sitting, and who have sat, as members of the Savan nah District Authority, and acts of those members holding over under the Act of 1961 (Georgia Laws 1961, p. 2958), are hereby affirmed and ratified."
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:
"YES ( ) Shall the Constitution of the State of Georgia be amended so as to change the name of the Savannah District Au-
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JOURNAL OP THE HOUSE,
thority to "Savannah Port Authority", and to provide for an in crease in the membership of such authority and confirm its corpo rate succession?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Byrd Caldwell Carr Chandler
Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Dean Deloach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffin
Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben. C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S.
THURSDAY, FEBRUARY 11, 1965
435
Lee; G. B. Lee, W. J. (Bill)
Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, D. R.
Mauldin Mauney McClelland McCracken McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H.
Moses Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard
Pope Poss Rainey Reaves Rhodes Roberts Rogers, Jimmie Rowland Rush Russell Savage Simkins Simmons Simpson Singer Smith, A. B.
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow
Spikes Stalnaker Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Brantley Brown, M. P.
Bynum Clarke, H. G. Conner
Davis Dickinson Duncan, V. W. Etheridge Evans Griffis Hall Harrington
Howell Hull Kelly Lambert Lane Lovett Matthews, C. McDaniell McKemie Mitchell Odom Otwell Overby Pafford Perry Potts
Reid
Richardson Rodgers, H. B. Roper Ross Sewell Shea Shuman Smith, G. L. II Spillers Steis Strickland Thomason Walker White Mr. Speaker
On the adoption of the Resolution, the ayes were 156 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
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JOURNAL OF THE HOUSE,
A RESOLUTION
HR 65-112. By Mr. Perry of Marion:
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Marion County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Marion County shall be composed of one member from each of the five Education Districts provided for hereinafter. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly of Marion County, must have resided in said county for at least one year immediately preceding the date of the election, and must have resided in the district from which he offers as a candidate for at least six months immediately pre ceding the date of the election. All members, however, shall be elected by the voters of the entire county. For the purpose of elect ing the members of the Board of Education of Marion County, said county is hereby divided into five Education Districts as follows:
"Education District No. 1 shall be composed of all that terri tory embraced within the corporate limits of the City of Buena Vista.
"Education District No. 2 shall be composed of all that terri tory embraced within Militia District No. 807 (Buena Vista) out side the corporate limits of the City of Buena Vista.
"Education District No. 3 shall be composed of all that terri tory embraced within Militia District No. 1539 (Doyle), Militia District No. 1034 (Draneville), and Militia District No. 710 (Kinchafoonee).
"Education District No. 4 shall be composed of all that terri tory embraced within Militia District No. 808 (Tazewell), and Militia District No. 955 (Fort Perry).
"Education District No. 5 shall be composed of all that terri tory embraced within Militia District No. 948 (Brantley), and Militia District No. 1339 (Pine Knot).
"Not later than ten days after the ratification of this amend ment, it shall be the duty of the Ordinary of Marion County to issue the call for an election for the purpose of electing the mem bers of the Board of Education of Marion County. The day of such
THURSDAY, FEBRUARY 11, 1965
437
election shall be set for a day not less than 15 nor more than 25 days from the date of the issuance of such call. 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 there with once a week for two weeks immediately preceding the date thereof in the official organ of Marion County. All members elected at such election shall take office on January 1, 1967. The members elected from Education Districts 1 and 4 shall be elected for two years and until their successors are elected and qualified. The successors to such members shall be elected at the general election in 1968 and shall take office on January 1, 1969 for four years and until their successors are elected and qualified. All future successors shall be elected at the general election each four years thereafter and shall take office on the first day of January follow ing their elections for terms of four years and until their succes sors are elected and qualified. The members elected from Educa tion Districts 2, 3 and 5 shall be elected for four years and until their successors are elected and qualified. All future successors shall be elected at the general election each four years thereafter and shall take office on the first day of January following their elections for terms of four years and until their successors are elected and qualified.
"In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, the remaining members of the Board shall elect a person to fill such vacancy from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall immediately exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subse
quent year. A member shall be eligible to succeed himself as a mem ber of the Board and also as Chairman of the Board. The Board is hereby authorized to elect such other officers as it deems desirable and fix the terms for such officers.
"The Board of Education of Marion County in existence at the time of ratification of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statutory provisions relative to county boards of education un less such provisions are in conflict with the provisions of this amendment."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti-
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JOURNAL OF THE HOUSE,
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:
"YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to provide for the election of the members of the Board of Education of Marion County by the people?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend HR No. 65-112 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to pro vide for the election of the members of the Board of Education of Marion County by the people?"
NO ( )
THURSDAY, FEBRUARY 11, 1965
439
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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, 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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell
Conger Crowe Dailey Dean Deloach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffin Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Hutchinson Irvin
Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McCracken McRae Melton Merritt
440
Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope
JOURNAL OF THE HOUSE,
Poss Rainey Reaves Rhodes Roberts Rogers, Jimmie Rowland Rush Russell Savage Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes
Stalnaker Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wig-gins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Brantley Brown, M. P. Bynum Clarke, H. G. Conner Davis Dickinson Duncan. V. W. Etheridge Evans Griffis Hall Harrington
Howell Hull Kelly Lambert Lane Lovett Matthews, C. McDaniell McKemie Mitchell Odom Otwell Pafford Perry Potts Reid
Richardson Rodgers, H. B. Roper Ross Sewell Shea Shuman Smith, G. L. II Spillers Steis Strickland Thomason Walker White Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 156 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
A RESOLUTION
HR 105-133. By Mr. Houston of Pierce: Proposing an amendment to the Constitution so as to create the
Pierce County Industrial Development and Building Authority; to pro vide for powers, authority, funds, purposes and procedure connected
THURSDAY, FEBRUARY 11, 1965
441
therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Pierce County Industrial Development and Building Authority', which shall be an instrumentality of Pierce County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members who shall be eligible for reappointment. The Board of Commissioners of Roads and Revenues of Pierce County shall appoint five members of the Authority as follows: One member for five years, two members for four years, one member for three years, and one member for two years. The Mayor and Council of the City of Blackshear shall appoint one member for five years. The Mayor and Council of the City of Patterson shall appoint one member for five years. All members shall serve until their successors are duly appointed and qualified. Thereafter all members shall be appointed for terms of five years each and until their successors are duly elected and qualified. Vacancies for unexpired terms shall be filled in the same manner as regular appointments. The majority of the members shall constitute a quorum and the majority may act for the Au thority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members 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. The Authority shall have perpetual existence as hereinafter provided.
"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Pierce Coun ty. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.
"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
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(1) The word 'Authority' shall mean the 'Pierce County In dustrial Development and Building Authority', created hereby.
(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Pierce County, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, prop erties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes.
(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or im provements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construc tion, equipping or operating of any project or any part thereof.
"F. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions
of this amendment, including, but without limiting the generality of the foregoing, the power:
(1) to sue and be sued;
(2) to adopt and amend a corporate seal;
(3) to make and execute contracts and other instruments neces sary to exercise the powers of the Authority, any of which con tracts may be made with Pierce County or may be made with any one or more municipal corporations in Pierce County. Pierce Coun ty and all municipal corporations located therein are hereby au thorized to enter into contracts with the Authority;
(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;
(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, recon structing, 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;
THURSDAY, FEBRUARY 11, 1965
443
(6) 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;
(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;
(8) to issue bonds for the purpose of providing funds for carrying out the purpose of the Authority;
(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties;
(10) to construct, acquire, own, repair, remodel, maintain, ex tend, improve and equip projects located on land owned or leased by the Authority, 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 receive and accept and use;
(11) 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 vali dated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 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 the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and the 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 Au thority 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 Pierce County and each munici pal corporation located therein hereby waives any right the State, Pierce County or any municipal corporation located therein may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Pierce County, and the Superior Court of Pierce County shall have jurisdiction
and the requisite notices shall be published in Pierce 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;
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(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
"G. The governing authority of Pierce County is hereby au thorized to levy an annual ad valorem tax, not to exceed two (2) mills, on all taxable property within Pierce County for the support of the Authority and for its use and purposes. All funds raised by such tax shall be paid and appropriated by the governing au thority of Pierce County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by the Authority for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in ad dition to all other taxes authorized by law.
"H. The Authority shall have the same immunity and ex emption from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Pierce County and reduce unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise
thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.
The General Assembly may also provide by law for the continuation of the Authority in the event Pierce County is consolidated or merged with any other county or counties. The Authority shall be an instrumentality of the State of Georgia, and the scope of its
operations shall be limited to the territory embraced within Pierce County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Pierce County.
"L. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority
THURSDAY, FEBRUARY 11, 1905
445
shall be a debt of the State of Georgia, Pierce County, or any municipal corporation located in Pierce County.
"M. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Pierce County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"N. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."
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:
"YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to create the Pierce County In dustrial Development and Building Authority?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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:
Committee on Local Affairs moves to amend HR No. 105-133 as follows:
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By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. When the above proposed amendment to the Con stitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the 'Ayes' and 'Nays' taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
'YES ( ) Shall the Constitution be amended so as to create the Pierce County Industrial Development and Building Authority?"
NO ( )
"All persons desiring to vote in favor of ratifying the pro posed amendment shall vote 'Yes'. All persons desiring to vote against ratifying the proposed amendment shall vote 'NO'.
"If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitu tion of this State. The returns of the election shall be made in like manner as returns for elections for members of the General As sembly, and it shall be the duty of the Secretary of State to ascer tain the result and certify the result to the Governor, who shall is sue his proclamation thereon."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, 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 Balkcom Barber Beck Bedgood Black
Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene
Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
THURSDAY, FEBRUARY 11, 1965
447
Colwell Conger Crowe Dailey Dean Deloach
DeVane Dixon Dollar Dorminy
Doster Duncan, A. C. Dunwody Parrar Ployd Flynt Fulford
Gary Grahl Griffin Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Hudgins Hutchinson
Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W.
Knight, W. D.
Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McCracken McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Oglesby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope
Poss Rainey Reaves Rhodes
Roberts Rogers, Jimmie Rowland Rush
Russell Savage Simkins Simmons Simp son Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Story Sweat Tabb Thomas
Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Brantley Brown, M. P. Bynum Clarke, H. G. Conner Davis
Dickinson Duncan, V. W. Etheridge Evans Griffis Hall Harrington Howell Hull
Kelly Lambert Lane Lovett Matthews, C. McDaniell McKemie Mitchell Odom
448
Otwell Overby Pafford Perry Potts Reid Richardson
JOURNAL OF THE HOUSE,
Rodgers, H. B. Roper Ross Sewell Shea Shuman Smith, G. L. II
Spillers Steis Strickland Thomason Walker White Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 156 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 102-133. By Mr. Knight of Berrien:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of Berrien County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end ther?of the following:
"A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia, the governing body of Berrien County is hereby authorized to levy an annual ad valorem tax not exceeding two (2) mills per dollar of assessed valuation on all property located in said Berrien County excluding any realty homestead exemption, such funds so produced by such levy to be used by said county in aiding and assisting in the promotion and establishing of new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said county may appropriate to the Berrien County Industrial Building Au thority such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law;
THURSDAY, FEBRUARY 11, 1965
449
"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Berrien County and its citizens, industry, agriculture, trade and commerce within the County of Berrien and making long range plans for such de velopment and expansion and to authorize the levy of taxes and the use of public funds of said county for such purpose."
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:
"YES ( ) Shall the governing body of Berrien County be allowed to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and in expansion of agriculture, trade and commerce?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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:
Committee on Local Affairs moves to amend HR 102-133 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. When the above proposed amendment to the Con stitution 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.
450
JOURNAL OF THE HOUSE,
"The ballot submitting the above proposed amendment shall have written or printed thereon the following:
'YES ( ) Shall the Constitution be amended so as to authorize the governing body of Berrien County to levy an an-
NO ( ) nual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein?'
"All persons desiring to vote in favor of ratifying the proposed amendment shall vote 'Yes'. All persons desiring to vote against ratifying the proposed amendment shall vote 'No'.
"If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like man ner 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, 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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson
Brown
Busbee
Byrd
.
Caldwell
Carr
Chandler
Clark, J. T.
Coker, G., Dr.
Coker, R.
Collins, J. F.
Collins, M.
Colwell
Conger
Crowe
Dailey
Dean
DeLoach
DeVane
Dixon
Dollar Dorminy Doster Duncan, A. C. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffin Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
THURSDAY, FEBRUARY 11, 1965
451
Holder Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A.S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McCracken
McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L. Oglesby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Rainey Reaves Rhodes Roberts Rogers, Jimmie Rowland Rush Russell
Savage Simkins Simmons Simp son Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker
Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Brantley Brown, M. P. Bynum Clarke, H. G. Conner Davis Dickinson Duncan, V. W. Etheridge Evans Griffis Hall Harrington
Howell Hull Kelly Lambert Lane Lovett Matthews, C. McDaniell McKemie Mitchell Odom Otwell Overby Pafford Perry Potts
Reid Richardson Rodgers, H. B. Roper Ross Sewell Shea Shuman Smith, G. L. II Spillers Steis Strickland Thomason Walker White Mr. Speaker
On the adoption of the Resolution as amended, the ayes were 156 nays 0.
452
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
The following Resolution of the House was read and adopted:
HR 148. By Messrs. Harris of DeKalb, Smith of Grady and others:
A RESOLUTION
Electing Mrs. Harry B. Williams, Jr., of DeKalb County as a mem ber of the "State Election. Board"; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to Code Section 34-201 (a) of the "Georgia Election Code", Mrs. Harry B. Williams, Jr., of DeKalb County, is hereby elected by the House of Representatives as a member of the "State Election Board".
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 Governor, to the Secretary of State and to Mrs. Williams.
Mr. Harris of DeKalb nominated Mrs. Williams of DeKalb and the nomination was seconded by Mr. Lewis of Wilkinson.
Mrs. Williams expressed her appreciation to the members of the House of her election to the State Election Board.
Mr. Lewis of Wilkinson asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Ways and Means and recom mitted to the Committee On Motor Vehicles:
HB 233. By Mrs. Lewis of Wilkinson:
A Bill to be entitled an Act to amend an Act providing that all persons applying for license tags for vehicles shall present an affidavit with their application so as to provide that all persons applying for license tags for vehicles shall present a receipt or receipts from the appropriate ad valorem taxing authorities, and for other purposes.
The consent was granted and HB 233 was recommitteed to the Committee on Motor Vehicles.
Mr. Williams of Hall asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recommitteed to the Committee on Education:
THURSDAY, FEBRUARY 11, 1965
453
HB 231. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to provide that driver's licenses shall be issued to applicants under the age of 21 only where such applicants have completed high school or are currently enrolled in high school, and for other purposes.
The consent was granted and HB 231 was recommitteed to the Committee on Education.
Mr. Paris of Barrow placed in nomination the name of Mr. Thomas B. Murphy of Haralson County as the new member of the State Property Com mission.
Mr. Bolton of Spalding seconded the nomination and Mr. Thomas Murphy was elected unanimously by the House of Representatives as the new member of the State Property Commission.
Mr. Murphy expressed his appreciation to the members for this appointment.
Mr. Fulford of Terrell arose on a point of personal privilege and addressed the House.
Mr. Smith of Whitfield asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Hygiene and Sanitation and recommitteed to the Committee on State Institutions and property:
HB 245. By Messrs. Chandler and Harrington of Baldwin, Rainey of Crisp and others: A Bill to be entitled an Act to provide for the cost of caring for persons in institutions under the control of the Georgia Department of Public Health to be assessed against the assessable income of the patient, and for other purposes.
The consent was granted and HB 245 was recommitteed to the Committee on State Institutions and Property.
Mr. Bolton of Spalding asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recommitted to the Committee on Ways and Means:
HB 210. By Messrs. Bolton of Spalding, Hale of Dade, Steis of Harris, and others: A Bill to be entitled an Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad
454
JOURNAL OF THE HOUSE,
valorem tax purposes and to adopt a different rate, method of assess ment, and dates of assessment for such property, and for other purposes.
The consent was granted and HB 210 was recommitteed to the Committee on Ways and Means.
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:
SB 12. By Senator Plunkett of the 30th: A Bill to be entitled an Act to amend Code Section 34-1321, relating to the count and return of votes in election districts in which ballots are used, and for other purposes.
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 Beck Bedgood Black Blair Blalock Bowen, J. 0. Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Caldwell Carr Chandler Clark, J. T.
Coker, G., Dr. Collins, M. Colwell Crowe DeLoach Dickinson Doster Duncan, A. C. Dunwody Evans Farrar Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
Houston Howell Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin
THURSDAY, FEBRUARY 11, 1965
455
Mauney McCracken McKemie McRae Melton Merritt Milhollin Minge Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris
Parker Phillips, G. S. Phillips, L. L. Pope Poss Potts Reid Richardson Rowland Rush Russell Savage Sewell Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Snow Spikes Spillers Steis Story Tabb Thomas Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Arnsdorff Bagby Balkcom Bolton Bowen, R. L. Brackin Brantley Bynum Byrd Clarke, H. G. Coker, R. Collins, J. F. Conger Conner Dailey Davis Dean DeVane Dixon Dollar Dorminy Duncan, V. W. Etheridge Floyd Flynt Fulford
Hale Hall Hudgins Irvin Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Lambert Lane Leonard Lovett Matthews, D. R. McClelland McDaniell Mitchell Mixon Moate Moore, J. H. Nessmith, H. P. Odom Perry Peterson Pickard
Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Shea Shuman Simmons Smith, G. L. II Stalnaker Strickland Sweat Thomason Tidwell Tucker, J. B. Underwood Walker Ware White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
455
JOURNAL OF THE HOUSE,
HB 5. By Messrs. Snow of Walker, Clarke of Monroe, Smith of Camden, and others:
A Bill to be entitled an Act delegating home rule powers to the mu nicipalities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Para graph I, and for other purposes.
Mr. Snow of Walker moved that HB 5 be recommitteed to the Committee on Judiciary for further study and the motion prevailed.
HB 5 was recommitteed to the Committee on Judiciary.
HB 141. By Messrs. Merrtt and Blair of Sumter, DeVane of Schley and others:
A Bill to be entitled an Act to amend an Act placing the Solicitor Gen eral of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor General of the Southwestern Judicial Circuit, and for other purposes.
The following amendment was read and adopted:
Mrs. Merritt of Sumter moves to amend Section 1 of HB 141 to change the reference to "official Federal Census of 1950" so as to read "official Federal Census of 1960" in the 22nd line of said section.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck
Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Branch Brantley Brinkley Brooks, Wilson
Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M.
THURSDAY, FEBRUARY 11, 1965
457
Colwell Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Doster Duncan, V. W. Dunwody Evans Parrar Ployd Grahl Griffin Griffis Hale Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, P. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Knight, W. D. Laite Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Overby Page Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pope Poss Potts Reaves Reid Richardson Roberts Roper Rush Russell Savage Sewell Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Bolton Braekin Brooks, Geo. B. Brown, Gene Brown, M. P. Bynum Coker, R. Conger Conner Davis Dollar Dorminy
Duncan, A. C. Etheridge Flynt Fulford Gary Hall Harrell Jessup Jones, C. M. Kelly Knight, D. W. Lambert
Lane Lewis, P. B. Lovett Melton Mitchell Moses Murphy Nessmith, P. Odom Otwell Pafford Paris
458
Pickard Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Ross Rowland Shea
JOURNAL OF THE HOUSE,
Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Smith, V. T. Thomas Tidwell
Vaughn, C. R. Ware Wells White Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Blair of Sumter moved that HB 141 be immediately transmitted to the Senate.
The motion prevailed and HB 141 was ordered immediately transmitted to the Senate.
HB 62. By Mr. Dean of Polk:
A Bill to be entitled an Act to completely and exhaustively revise, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of 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 Alien Anderson Arnsdorff Bagby Balkcom Barber
Beck Bedgood Black Blair Blalock Bowen, J. O. Branch
Brinkley Brooks, Wilson Brown, Gene Busbee Caldwell Chandler Clark, J. T.
THURSDAY, FEBRUARY 11, 1965
459
Clarke, H. G. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Crowe Dailey Dean DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D.
Laite Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Potts Reaves Reid Richardson Roberts Rogers, Jimmie Rowland Rush Russell Savage Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis
Story Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watkins Watson Williams, G. J. Williams, W. M. Wilson
Those voting in the negative were Messrs.: Acree and Johnson, Dr. A. S.
Those not voting were Messrs.:
Ballard Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, M. P. Bynum
Byrd Carr Coker, R. Conger Conner Davis DeLoach Dickinson
Dollar Dorminy Etheridge Flynt Gary Hale Hall Harrell
460
JOURNAL OF THE HOUSE,
Harrington Hull
Jessup Jones, C. M. Kelly Knight, D. W. Lambert Lane
Lee, W. J. (Bill) Lewis, P. B. Lovett Matthews, D. R. Melton Mitchell
Moses Nessmith, P. Newton, D. L. Odom Pickard Rainey Rhodes Rodgers, H. B. Roper Ross Sewell Shea Shuman Simmons
Simpson Smith, Chas. C. Smith, G. L. II Strickland Tidwell Vaughn, C. R. Walker Ware Wells White Wiggins Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Wells of Oconee and Simmons of Banks 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 62.
Mr. Acree of Towns stated that he voted under a misapprehension and would like to be recorded as voting "Aye" on HB 62,
HB 14. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to Amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to make provisions for those instances where the defendant has failed to post bond or bail while appealing his conviction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
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461
SECTION 1
Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, is hereby amended by adding at the end thereof the following:
"Provided, however, in the event that a defendant has been convicted and sentenced, but because of his failure or inability to post bond or bail for any reason, he has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time, spent under sentence for all purposes.",
so that when so amended Code Section 27-2505 shall read as follows:
"27-2505. Time from which sentences run.--It shall be the duty of the several judges, in the imposition of sentence for violation of the penal laws, to specify that the term of service under such sentence shall be computed as from the date of sentence, provided the defendant is confined in jail or otherwise incarcerated, and has no appeal or motion for new trial pending, except in such cases as may be appealed to the State Court of Appeals or the Supreme Court for reversal of the conviction, in which event the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. Provided, however, in the event that a defendant has been convicted and sentenced, but because of his failure or inability to post bond or bail for any reason, he has been incarcerated pend ing the prosecution of an appeal to any court, the time of the original imposition of his sentence until the time when the remit
titur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under
sentence for all purposes."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby re pealed.
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:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Acree Alien Anderson Arnsdorff Bagby Balkcom
Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dorminy Duncan, A. 0. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Grahl Griffin Griffis
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Leonard Looper Lowrey Luke Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Otwell Overby
Pafford Page Paris Parker Perry Phillips, L. L. Pope Poss Potts Rainey Eeaves Reid Richardson Roberts Rogers, Jimmie Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Watson Wells Wiggins Williams, G. J. Wilson
Those not voting were Messrs. :
Abney Ballard
Bowen, R. L. Brackin
Brantley Brown, M. P.
THURSDAY, FEBRUARY 11, 1965
463
Bynum Byrd Chandler Coker, R. Conger Conner Dollar Doster Etheridge Plynt Gary Hale Hall Harrell Harrington Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Kelly
Knight, D. W. Lambert Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Maddox Matthews, D. R. Melton Mitchell Moses Nessmith, H. P. Newton, D. L. Odom Oglesby Peterson Phillips, G. S. Pickard Rhodes Rodgers, H. B.
Roper Ross Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Thomason Tucker, J. B. Vaughn, C. R. Walker Ware Watkins White Williams, W. M. Woodward Wright Mr. Speaker,
On the passage of the Bill, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 43-84. By Messrs. Harris and Smith of Glynn: A Resolution to designate the "Joseph B. Mercer 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 Acree Alien Anderson Arnsdorff Bagby
Balkcom Beck Bedgood Black Blair Blalock
Bolton Bowen, J. O. Branch Brantley Brinkley Brooks, Geo. B.
464
JOURNAL OF THE HOUSE,
Brooks, Wilson Busbee Carr Chandler Clark, 3. T. Clarke, H. G. Collins, J. P. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Floyd Fulford Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S.
Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Looper Lowrey Luke Marshall Matthews, C. Mauldin Mauney McClelland McCracken McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Otwell Overby Pafford Page Paris Parker
Phillips, L. L. Poss Rainey Reaves Reid Richardson Roberts Rogers, Jimmie Roper Russell Savage Sewell Shuman Simkins Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Vaughan, D. N. Walker Watson Wells White Wiggins Williams, G. J. Wilson
Those not voting were Messrs. :
Ballard Barber Bowen, R. L. Brackin Brown, Gene Brown, M. P. Bynum Byrd Caldwell Goker, G., Dr. Coker, R. Conger Conner
Dean Dollar Dorminy Doster Etheridge Flynt Gary Hale Hall Harrell Henderson Irvin Jessup
Jones, C. M. Kelly Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Maddox
Matthews, D. R.
McDaniell Melton
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465
Mitchell Moses Nessmith, P. Newton, D. L. Odom Oglesby Perry Peterson Phillips, G. S. Pickard Pope
Potts Rhodes Rodgers, H. B. Ross Rowland Rush Shea Simmons Simpson Smith, G. L. II Spikes
Stalnaker Thomason Tucker, J. B. Underwood Vaughn, C. R. Ware Watkins Williams, W. M. Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 132, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Barber of Jackson 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 HR 43-84.
HB 22. By Mr. Jones of Muscogee: A Bill to be entitled an Act to provide for an award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served, and for other purposes.
The following Committee substitute was read:
A Bill to be entitled an Act to provide for an award of permanent alimony for the support of the wife and child or children, residents of the State of Georgia, by the husband and father where the husband and father has established a residence in a foreign country or state and there procured a divorce from his wife in which action the wife was never served personally, appeared, pleaded or otherwise waived jurisdiction of the foreign court; to provide that such action will not lie for a child or children whose custody and support was legally adjudicated in the foreign court; to provide for service; to provide for a hearing; to provide that the order of judgment shall be subject to modification; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever any husband shall, in any foreign country or state, obtain a divorce from his wife, which said wife at the time of
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the filing of said divorce action was a resident of this State, and in which action the wife was served constructively and in which case the wife did not appear, plead or otherwise waive jurisdiction of the foreign court and in which she was not personally served with petition and process, the wife may, at any time subsequent to the granting of said foreign divorce decree, apply to the Superior Court in the county where she resides for an order and judgment for permanent alimony for the support of herself and the child or children of the parties, if any, said permanent alimony action to be filed, pleaded and tried as if no divorce had been entered and this she may do even though said foreign decree may be entitled to full faith and credit in dissolving the marriage; pro vided, however, that if the former husband shall become a resident of Georgia such action shall be brought in the county of his residence.
Section 2. The procedure herein provided for shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court, unless custody of such child or children shall subsequently be awarded to the wife by a court having jurisdiction of the parties.
Section 3. Such petition shall be served upon the husband as in actions for permanent alimony and heard by the judge unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income or financial status of the husband under the same laws, terms and condi tions as are now provided for in cases of permanent alimony.
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. Murphy of Haralson moves to amend committee substitute to HB 22 as follows:
By adding before the word "state" in the first line of Section 1 the words "any other" and after the word "state" the words "of the United States of America".
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:
THURSDAY, FEBRUARY 11, 1965
467
Those voting in the affirmative were Messrs.
Abney Alien Anderson Bagby Balkcom Barber Beck Bedgood Black Blalock Bolton Bowen, J. 0. Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Crowe Dailey Davis Dean Deloach DeVane Dixon Duncan, A. C. Dunwody Evans Farrar Floyd Fulford Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Holder Houston
Howell Hudgins Hutchinson Irvin Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Looper Lowrey Luke
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Newton, A. S. Oglesby Otwell Overby
Pafford Page Paris Phillips, G. S. Phillips, L. L. Pickard Pope Poss Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Russell Sewell Shea Simkins Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watson Wells Wiggins Williams, G. J. Wilson Wright
Voting in the negative was Mr. White.
Those not voting were Messrs.:
Acree Arnsdorff
Ballard Blair
Bowen, R. L. Brackin
468
Brantley Brown, Gene Bynum Byrd Caldwell Chandler Coker, R. Conger Conner Dickinson Dollar Dorminy Doster Duncan, V. W. Etheridge Flynt Gary Hale Hall Harrell Harrington Hull
JOURNAL OF THE HOUSE,
Jessup Johnson, Dr. A. S. Kelly Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett McDaniell McKemie Melton Mitchell NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Parker Perry Peterson Potts Rainey
Reaves Roberts Rodgers, H. B. Roper Rush Savage Shuman Simmons Simpson Singer Smith, Chas. C. Smith, G. L. II Strickland Thomason Vaughn, C. R. Ware Watkins Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 a.m. tomorrow and the motion prevailed.
The Speaker annuonced the House adjourned until 9:30 o'clock tomorrow morning.
FRIDAY, FEBRUARY 12, 1965
469
Representative Hall, Atlanta, Georgia Friday, February 12, 1965.
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 Rev. Sam Marshall, Pastor, Second Baptist Church, LaFayette, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions 3. Second reading of Bills and Resolutions 4. Reports of Standing Committees 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 261. By Messrs. Story of Gwinnett and Moore of Polk: A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools;", so as to change certain provisions relative to contributions and service credit; and for other purposes.
Referred to the Committee on Education.
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JOURNAL OF THE HOUSE,
HB 262. By Messrs. Story of Gwinnett and Moore of Polk:
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 change certain provisions relative to retirement on disability and certain benefits; and for other purposes.
Eeferred to the Committee on Education.
HB 263. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Johnson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 264. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act to consolidate and regulate public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 265. By Messrs. Blalock and Potts of Coweta:
A Bill to create and establish the Newnan-Coweta Airport Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 266. By Messrs. Potts and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the City Clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes.
Referred to the Committee on Local Affairs.
HB 267. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to authorize and empower the Mayor and Aldermen to sell or lease a certain block of land within said City; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 12, 1965
471
HB 268. By Mr. Moore of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing law libraries in counties having a population of not less than 30,500 nor more than 31,000 persons, so as to change the population and census figures appearing therein; and for other purposes.
Referred to the Committee on Appropriations.
HB 269. By Messrs. Farrar and Harris of DeKalb:
A Bill to be entitled an Act to establish the "DeKalb County Local Government Commission"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 270. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U. S. census of 1950, so as to increase the salaries of the members of the joint board of tax assessors; and for other purposes.
Referred to the Committee on Local Affairs.
HB 271. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend Code Chapter 26-63 relating to obscene pictures and written material, so as to provide that any person who shall knowingly sell or exhibit, lend, give away, or who shall have possession of pornographic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.
HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and Murphy of Haralson:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate read ings in each House; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 273. By Messrs. Laite, Jones and Dunwody of Bibb:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemption from all jury duty; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 274. By Mr. Steis of Harris:
A Bill to be entitled an Act to declare that the underground storage of natural or manufactured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acqui sition of property suitable for the construction of underground reservoirs for the storage of such gas; and for other purposes.
Referred to the Committee on Industry.
HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is con tained in the contract of sale between the seller and the buyer; and for other purposes.
Referred to the Committee on State of Republic.
HB 276. By Messrs. Ballard and Spillers of Newton: A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensation of the chief deputy; and for other purposes.
Referred to the Committee on Local Affairs.
HR 149-276. By Messrs. Matthews and Bedgood of Clarke: A Resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 277. By Mr. Hudgins of Chattahoochee: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Chattahoochee County, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski, Minge of Ployd, Johnson of Warren and Harrell of Fayette: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a. vehicle may be allowed to meet the requirements prescribed for a certificate of inspection; and for other purposes.
Referred to the Committee on Motor Vehicles.
FRIDAY, FEBRUARY 12, 1965
473
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, Merritt and Blair of Sumter, Lovett of Laurens, Williams of Coffee, and Barber of Jackson:
A Bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed phy sician of the State of Georgia, stating that an underage female is pregnant; and for other purposes.
Referred to the Committee on Judiciary.
HB 280. By Mr. Dailey of Randolph:
A Bill to be entitled an Act to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke, Conger of Decatur and many others:
A Bill to be entitled an Act to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no District having more than 4 members; and for other purposes.
Referred to the Committee on Rules.
HB 282. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 283. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to provide that in all civil actions for wrongful death or permanent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per cent column of any annuity table in reducing a verdict for damages to its present value; and for other purposes.
Referred to the Committee on Judiciary.
HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as
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to change the population requirements in order to have said Act apply to certain other counties; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 285. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act establishing a State Employees' Retirement System, so as to change the provisions relating to former employees; and for other purposes.
Referred to the Committee on Judiciary.
HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; 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 234. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board; and for other purposes.
HB 235. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act establishing a City Court in the City of Sylvester, so as to increase the salary of the Judge and Solicitor of said Court; and for other purposes.
HB 236. By Messrs. Parker of Screven, Lane of Bulloch, Byrd of Walton, Arnsdorff of Effingham, Story of Gwinnett, Strickland of Evans, Nessmith of Bulloch, Newton of Colquitt, Johnson of Warren, Oglesby of Thomas and Melton of Spalding.
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act, so as to provide that certificated professional personnel shall not be assigned to serve as classroom teachers and shall not serve as classroom teachers; and for other pur poses.
FRIDAY, FEBRUARY 12, 1965
475
HB 237. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment and terms of office of members of the 'Brunswick and Glynn County Development Authority'," so as to define the words "commerce" as used in said Act; and for other purposes.
HB 238. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes.
HB 239. By Mr. Pafford of Lanier:
A Bill to be entitled an Act to provide that the Sheriff of Lanier County shall be compensated on a salary basis in lieu of a fee basis; and for other purposes.
HB 240. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Gainesville and the Acts amendatory thereof"; so as to make certain changes in the retirement system for the em ployees of said city; and for other purposes.
HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, DeVane of Schley, Jessup of Bleckley and Steis of Harris:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations and amending, revising and perfecting the corporation laws of this State, and to amend Section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations; and for other purposes.
HB 242. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; to provide for the election of members; and for other purposes.
HB 243. By Mr. Mauney of White:
A Bill to be entitled an Act to place the Sheriff of White County upom an annual salary; and for other purposes.
476
JOURNAL OF THE HOUSE,
HB 244. By Messrs. Vaughan and Harris of Bartow:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes.
HR 142-244. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution, so as to provide for the compensation and allowances of members of the General Assembly; and for other purposes.
HB 245. By Messrs. Chandler and Harrington of Baldwin, Rainey of Crisp, Brown of Hart, Murphy of Haralson and Paris of Barrow:
A Bill to be entitled an Act to provide for the cost of caring for persons in institutions under the control of the Georgia Department of Public Health to be assessed against the assessable income of the patient; and for other purposes.
HB 246. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to prescribe additional require ments for the adequacy of parking brakes for certain motor vehicles; and for other purposes.
HB 247. By Messrs. Wiggins of Carroll, Jones of Lumpkin and Carr of Washington:
A Bill to be entitled an Act to amend an Act known as the "Stone Mountain Memorial Association Act", so as to limit the power of the authority to borrow money for certain purposes; and for other purposes.
HR 143-247. By Messrs. Etheridge and Brooks of Fulton:
A Resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
HB 248. By Messrs. Rhodes of Baker, Jones of Bibb, Luke and Simkins of Rich mond, Jordan of Cobb, Oglesby of Thomas, Dollar of Decatur and Hale of Dade:
A Bill to be entitled an Act to amand Section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior to the general election within which any candidate required to accompany his notice of candidacy with a nomination petition must file such notice; and for other purposes.
FRIDAY, FEBRUARY 12, 1965
477
HH 249. By Messrs. Oglesby and Russell of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pension and annuity program; to provide that the City may levy and collect a tax upon the salaries of employees of the City without limitation as to the rate of such tax; and for other purposes.
HB 250. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the chartering of corporations, so as to provide that a corporation authorized to issue more than one class of stock may issue a separate statement stating the preferences and rights of holders of each class of stock in lieu of sum marizing such preferences and rights on the back of the certificate; and for other purposes.
HB 251. By Mr. Dailey of Randolph:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Randolph County, known as the fee system; and for other purposes.
HB 252. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide that all contracts entered into by the State Highway Department for road work shall include a provi sion calling for the sowing of appropriate vegetation on all banks, fills and cuts along the right-of-way of the road project; and for other purposes.
HB 253. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to create a new charter for the City of Gordon, Georgia; and for other purposes.
HB 254. By Messrs. Acree of Towns, Watkins of Gilmer, Savage of Macon, Coker of Cherokee and Holder of Dodge:
A Bill to be entitled an Act to authorize sterilization of individuals by doctors of medicine; and for other purposes.
HB 255. By Mr. Acree of Towns:
A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes.
478
JOURNAL OF THE HOUSE,
HB 256. By Messrs. Harris and Farrar of DeKalb, Simkins of Richmond, Marshall of Putnam, and McDaniell of Cobb:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change and revise certain provisions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period covered by such licenses, reciprocal agreements, and advertising real estate; and for other purposes.
HB 257. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act creating a retirement system for State employees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circumstances; and for other purposes.
HB 258. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the Mayor and Council of said town; and for other purposes.
HB 259. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia Civil Defense; and for other purposes.
HB 260. By Mr. Moore of Stephens:
A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for an addi tional deputy in the sheriff's office; and for other purposes.
SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th:
A Bill to be entitled an Act to provide home rule for municipalities; and for other purposes.
SR 14. By Senators Pennington of the 45th, Loggins of the 53rd, Spinks of the 9th and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States relative to apportionment; and for other purposes.
FRIDAY, FEBRUARY 12, 1965
479
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 139. Do Pass. HB 116. Do Pass. HB 42. Do Pass. HB 143. Do Pass. HB 232. Do Pass. HB 87. Do Pass.
Respectfully submitted,
Busbee of Dougherty,
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 Senate to wit:
SR 33. By Senator Jackson of the 16th:
A Resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 16. By Messrs. Richardson and Sewell of Chatham:
A Bill to provide that it shall be unlawful to willfully remove or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes.
480
JOURNAL OF THE HOUSE,
HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe and others:
A Bill known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes.
By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:
SR 33. By Senator Jackson of the 16th:
A Resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Columbus, County of Muscogee; and for other purposes.
Referred to the Committee on State Institutions and Property.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 139. By Mrs. Merritt of Sumter and Mr. Blair of Sumter:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Sumter 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 143. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 12, 1965
481
The following Resolutions of the House were read and adopted:
HR 150. By Messrs. Laite, Jones and Dunwody of Bihb:
A RESOLUTION
Expressing appreciation to the Macon Telegraph and the Macon News; and for other purposes.
WHEREAS, copies of the Macon Telegraph and the Macon News have been provided to the members of the House and Senate 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 the members informed as to current news events of this period of time;
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 publishers and editors of the Macon Telegraph and the Macon News for their consideration in fur nishing the members of this Body with copies of these outstanding news 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 151. By Mr. Wilson of Brantley:
A RESOLUTION
Commending and congratulating Robert Page upon being elected National Vice-President of the Future Farmers of America; and for other purposes.
WHEREAS, Robert Page was recently honored by being elected National Vice-President of the FFA; and
WHEREAS, Robert Page has a distinguished record as a FFA member and is a former President of the Georgia FFA; and
WHEREAS, Governor Carl E. Sanders proclaimed Wednesday, Jan uary 6, 1965, as "Robert Page Day" in Georgia; and
WHEREAS, approximately 1500 persons attended a ceremony at Hoboken High School to honor this outstanding young Georgian; and
482
JOURNAL OF THE HOUSE,
WHEREAS, at the ceremony, Robert Page was presented with a folder which contained 50 letters from public figures who could not attend the ceremony, including the one signed by Governor Sanders, which proclaimed Wednesday, January 6, 1965, as "Robert Page Day" in Georgia; and
WHEREAS, this young farmer, who is an agronomy major at the University of Georgia, has brought honor and credit to himself, his family, his community, and his State by being elected to this high na tional office.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Robert Page upon his election as National Vice-President of the Future Farmers of America.
BE IT FURTHER RESOLVED that the members of this body do hereby extend to him their best wishes for continued success in his future endeavors.
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 Mr. Robert Page and to his mother, Mrs. Maggie Page.
HR 152. By Mr. Laite of Bibb:
A RESOLUTION
Requesting the State Board of Education to rescind certain policies; and for other purposes.
WHEREAS, the State Board of Education has adopted a policy establishing a minimum work day of 8 hours and a work week of 40 hours for school teachers oi this State; and
WHEREAS, the local school officials are required to contract with all teachers to be on the job at the school building or at assigned loca tions for 8 hours per day; and
WHEREAS, the State Board of Education pursuant to their in terpretation of an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), have adopted a policy requiring 200 working days for the school teachers of this State; and
WHEREAS, school teachers are required to perform many duties that consume numerous hours of time away from the school building and away from assigned locations; and
FRIDAY, FEBRUARY 12, 1965
483
WHEREAS, as a general rule, no compensation is paid for these long hours; and
WHEREAS, it is the sincere belief of this body that the school teachers of this State are dedicated to their profession and perform services far beyond the provisions of their contract with the local school officials; and
WHEREAS, it is the further belief of this body that the school
teachers of this State would adequately and willingly perform the duties
required of them in teaching the youth of our State without imposing
upon them specific working hours and working days.
,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby respectfully request the State Board of Education to immediately rescind its policies relating to minimum working hours and minimum working days for school teachers of this State.
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 each member of the State Board of Education and to Honorable Claude L. Purcell, State Superintendent of Schools.
HR 153. By Messrs. Smith of Grady, Bolton of Spalding and others:
A RESOLUTION
Calling upon the Council of State Governments to study appropriate ways and means to establish a compact among the fifty States of the Union providing for an Interstate Commission to study the goals and standards of education in the United States.
WHEREAS, the State of Georgia is undertaking an unprecedented program to improve the quality of education in our State; and
WHEREAS, the other States of the Union are faced with similar challenges and are also seeking to raise their educational standards; and
WHEREAS, in reality we are faced with a nationwide educational challenge requiring each state to bring new vigor and vitality to public education; and
WHEREAS, each state and the Congress of the United States could benefit greatly from careful research and study of the educational problems in the several States together with the establishment of desirable standards for various educational policies; and
484
JOURNAL OP THE HOUSE,
WHEREAS, there now exists no organization capable of developing such information; and
WHEREAS, it is desirable that the States themselves initiate a study of the usefulness of such an interstate research organization.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the Council of State Governments to initiate a study of the appropriate ways and means of establishing such an organization and to present to the several States its recommendations and proposals.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Board of Managers of the Council of State Govern ments.
HR 154. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A RESOLUTION
Deploring the cruel and senseless acts of vandalism perpetrated toward veterans' graves and other historical graves in the State of Georgia; and for other purposes.
WHEREAS, there are numerous soldiers who have given their lives in the defense of their country who are buried throughout the State of Georgia; and
WHEREAS, there are many historical graves of persons famous to the history and development of Georgia; and
WHEREAS, in recent years vandals have destroyed the graves and markers of these brave and noble men; and
WHEREAS, there is no adequate remedy under the law to soothe the feeling of the families of these departed souls; and
WHEREAS, the Utoy Primitive Baptist Cemetery has particular ly suffered extensive damage to these markers; and
WHEREAS, the families of those persons buried in Utoy Primitive Baptist Cemetery and in other cemeteries throughout the State have enacted a resolution to protest against the vandalism which has taken place in these cemeteries.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly abhors these horrendous acts of vandalism and shall call upon all of the law enforce ment officers of this State to bring these vandals to justice and to dis-
FRIDAY, FEBRUARY 12, 1965
485
courage and stop such destruction in the future and that appropriate action shall be taken to sufficiently punish the perpetrators of these deeds.
HR 157. By Messrs. Byrd of Walton, Marshall of Putnam and others:
A RESOLUTION
Commending the Honorable Jim Gillis, Chairman of the Highway Department of Georgia; and for other purposes.
WHEREAS, the Honorable Jim Gillis has been Chairman of the Highway Department of Georgia for many years; and
WHEREAS, under his direction of this Department, the State of Georgia has enjoyed the building and construction of the finest highways ever built in this State in the period of time in which he has directed this program; and
WHEREAS, with his ability in directing this tremendous program during the past six years, Georgia has grown in population, business and industry more than at any time in the past for this period of time; and
WHEREAS, there has been some question in the Press as to the way in which the Honorable Jim Gillis has handled the portion of high way letting relating to county contracts; and
WHEREAS, the work of the Honorable Jim Gillis regarding the portion of highway letting relating to county contracts has been especial ly commendable;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that we approve the method in which the Honor able Jim Gillis has conducted the entire highway program and that we especially commend and urge him to continue the manner in which he has handled contracts with counties.
HR 158. By Messrs. Strickland of Evans, Byrd of Walton, and many many others;
A RESOLUTION
Congratulating Joe T. Clark; and for other purposes.
WHEREAS, February 12 is a date long significant in American History; and
486
JOURNAL OF THE HOUSE,
WHEREAS, numerous great Americans have been born on Feb ruary 12, and have brought fame, prestige and enlightenment to their constituents; and
WHEREAS, Abraham Lincoln, the Great Emancipator, was born on February 12; and
WHEREAS, Joe Clark, the Great Sausage Maker, was born on February 12; and
WHEREAS, since both of these great gentlemen were farmers and toilers of the soil; and
WHEREAS, Joe Clark is fifty-four years young today, even if he feels younger.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Joe Clark be congratulated on this the fifty-fourth anniversary of his birth and that the State of Georgia be congratulated for having endured Joe Clark for fifty-four years.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 155. By Messrs. Nessmith of Bulloch, Lewis of Burke and many others:
A RESOLUTION
Relative to adjournment of the General Assembly; and for other purposes.
WHEREAS, Resolutions relative to proposals to amend the United States Constitution relative to apportionment of state legislatures have been adopted at the 1965 session of the General Assembly of Georgia and have likewise been adopted by other states; and
WHEREAS, there is a distinct possibility that a sufficient number of states will adopt such a Resolution making it mandatory upon Con gress to call a constitutional convention to amend the United States Constitution relative to such purposes or that Congress on its own initiative might propose such an amendment; and
WHEREAS, in the event the House of Representatives had been reapportioned prior to the amendment of the United States Constitution, the changing of such apportionment Act would prove extremely diffi cult; and
WHEREAS, the Constitution of Georgia in Paragraph III of Sec tion IV of Article III, provides:
FRIDAY, FEBRUARY 12, 1965
487
"By concurrent Resolution adopted by a majority of members elected to both Houses of the General Assembly, the General As sembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five (45) days in the aggregate in odd-numbered years, and no longer than forty (40) days, in the aggregate, in even-numbered years during the terms for which members were elected."
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly stand adjourned on February 26, 1965, at 2:00 o'clock P. M., and reconvene on June 14, 1965, at 10:00 o'clock A. M.
HR 156. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A RESOLUTION
Creating the Election Laws Study Committee; and for other pur poses.
WHEREAS, the application of the Georgia Election Code, approved June 24, 1964 (Ga. Laws, 1964, Extra Sess., p. 26, et seq), is limited to federal, state and county primaries and elections and does not in clude municipal primaries and elections; and
WHEREAS, it is in the public interest for the application of the Georgia Election Code to be extended to include municipal primaries and elections so that all primaries and elections conducted in this State will be held under the same law; and
WHEREAS, the members of the Election Laws Study Committee, created by a Resolution, approved April 12, 1963 (Ga. Laws, 1963, pp. 492-494), which expired by operation of law on January 15, 1965, are well qualified to conduct studies and hold hearings in order to prepare proposed amendments to the Georgia Election Code for the purpose of extending its application to include municipal primaries and elections;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a body to be known as the "Election Laws Study Committee" composed of the same persons who on January 14, 1965, were members of the Election Laws Study Committee, created by a Resolution approved April 12, 1963 (Ga. Laws, 1963, pp. 492-494) ; except that the positions on the Committee held by the persons who were appointed thereto as members of the General Assembly and who are not now serving as members of the General Assembly are hereby declared vacant. Each such vacancy and any future vacancy occurring in the membership of the Committee (ex cept those positions held by the Secretary of State and the Attorney General) shall be filled by appointment of the officer who appointed the last person to hold such vacated position.
488
JOURNAL OF THE HOUSE,
The members shall met within thirty days after this Resolution becomes effective for the purpose of organizing, electing a Chairman, a Secretary and such other officers as deemed advisable. The Committee shall adopt its own procedures for its operation.
The Committee shall conduct a study of the election laws of this State and other states, and all laws relating directly or indirectly to such election laws for the purpose of preparing proposed amendments to the Georgia Election Code for the purpose of extending its appli cation to include municipal primaries and elections. The Committee is authorized to hold public hearings if deemed advisable.
In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and a research staff subject to the approval of the Governor, and fix the compensation therefor. It is au thorized to have its reports printed if deemed desirable, and shall make such distribution thereof as deemed advisable.
The Chairman may appoint subcommittees, and the Committee may adopt any procedures which it feels will enable it to carry out its pur poses. The Committee is authorized to obtain such material, supplies and equipment as it deems necessary to carry out its purposes.
The Committee shall make a report of its findings and recommenda tions to the 1966 Regular Session of the General Assembly on or before January 14, 1966, on which date the Committee shall be abolished.
The members of the Committee, other than the Secretary of State and the Attorney General, shall receive compensation, per diem expenses and allowances authorized for members of interim legislative committees. 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. The Committee shall be authorized to meet for a total of twenty days; provided, however, that upon request of the Governor and the approval of the Speaker of the House of Representatives and the President of the Senate, such ad ditional time as will allow the Committee to complete the purposes of this Resolution, shall be authorized. The funds necessary for the pur poses of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government, and from any other available funds.
All laws and parts of laws in conflict herewith are hereby repealed.
Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:
HB 166. By Messrs: Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others: A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize pretrial and trial procedures in civil cases
FRIDAY, FEBRUARY 12, 1965
489
in the superior courts and constitutional city courts, and for other purposes.
Mr. Busbee of Dougherty asked unanimous consent that further consideration of HB 166 be postponed until Tuesday, February 16, 1965.
The consent was granted and further consideration of HB 166 was postponed until February 16, 1965.
HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases, and for other purposes.
Mr. Busbee of Dougherty asked unanimous consent that further considera tion of HB 167 be postponed until Tuesday, February 16, 1965.
The consent was granted and further consideration of HB 167 was postponed until February 16, 1965.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:30 o'clock Monday morning and the motion prevailed.
The Speaker announced the House adjourned until Monday morning at 10:30 o'clock.
490
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 15, 1965
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 Rev. Harold Tucker, Pastor, Vienna Methodist Church, Vienna, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of 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:
HB 287. By Mr. Richardson of Chatham: A Bill to be entitled an Act to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; and for other purposes.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 15, 1965
491
HB 288. By Messrs. Richardson, Sewell and Shea of Chatham:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the 'Georgia Historical Society'", so as to designate and name new members of the Society; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes.
Referred to the Committee on Highways.
HB 290. By Messrs. Smith of Grady and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Section 91-103A, relating to the creation of the "State Real Properties Control Commission", so as to provide for biennial elections of a member of the House of Repre sentatives and a member of the Senate to said Commission; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 291. By Mr. Dunwody of Bibb:
A Bill to be entitled an Act to authorize the State Highway Depart ment of Georgia to pay, as a part of the cost of construction of a project on any of the Federal-aid highway systems, relocation ex penses to eligible persons and businesses for the reasonable and neces sary moving expenses caused by their displacement from real property acquired for such property; and for other purposes.
Referred to the Committee on Highways.
HB 292. By Messrs. Simkins and Luke of Richmond, Poss of Madison, Snow of Walker, Richardson of Chatham, Vaughn of Rockdale, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that any person who shall have reached his or her 18th birthday and who is married may execute notes, loan deeds, deeds to secure debts, for the purpose of securing loans on real estate", so as to author ize certain minors to execute conditional sales contracts for the pur chase of personalty; and for other purposes.
Referred to the Committee on Judiciary.
HB 293. By Mrs. Merritt and Mr. Blair of Sumter:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes.
Referred to the Committee on Local Affairs.
492
JOURNAL OF THE HOUSE,
HB 294. By Mr. Rowland of Johnson:
A Bill to be entitled an Act entitled "An Act to provide for the crea tion of the office of Judge of the Superior Courts, Emeritus", so as to change the salaries paid by the State of Georgia to certain Judges of the Superior Courts, Emeritus; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 295. By Mr. Jones of Liberty:
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 from the taxes imposed by said Act, sales to public and non-profit private hospitals; and for other purposes.
Referred to the Committee on Judiciary.
HB 296. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend Code Section 56-1022 of the Georgia Insurance Code, relating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mort gage or deeds securing such loans, provided that no other participant in such series or issue holds a senior participation to the insurer; and for other purposes.
Referred to the Committee on Judiciary.
HB 297. By Messrs. NeSmith of Meriwether, Doster of Wilcox, McRae of Talbot, Jessup of Bleckley, Caldwell of Union and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
Referred to the Committee on Judiciary.
HB 298. By Mr. Mauldin of Franklin:
A Bill to be entitled an Act to amend an Act authorizing the Superior Court Judge or judges in any county in this State located in certain judicial circuits to establish and maintain a new library for the use of the judges, solicitors and other court officials, so as to provide that said Act shall not apply to certain counties within such judicial circuits; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 15, 1965
493
HB 299. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act incorporating Union City, relating to elections; 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 261. By Messrs. Story of Gwinnett and Moore of Polk: A Bill to be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in in the State Public Schools; and other State Supported Schools;", so as to change certain provisions relative to contributions and service credit; and for other purposes.
HB 262. By Messrs. Story of Gwinnett and Moore of Polk: 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 change certain provisions relative to retire ment on disability and certain benefits; and for other purposes.
HB 263. By Mr. Rowland of Johnson: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Johnson County, known as the fee system; and for other purposes.
HB 264. By Messrs. Harris and Smith of Glynn: A Bill to be entitled an Act to amend an Act to consolidate and regu late public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes.
HB 265. By Messrs. Blalock and Potts of Coweta: A Bill to create and establish the Newnan-Coweta Airport Authority; and for other purposes.
HB 266. By Messrs. Potts and Blalock of Coweta: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the City Clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes.
494
JOURNAL OP THE HOUSE,
HB 267. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to authorize and empower the Mayor and Aldermen to sell or lease a certain block of land within said City; and for other purposes.
HB 268. By Mr. Moore of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing law libraries in counties having a population of not less than 30,500 nor more than 31,000 persons, so as to change the population and census figures appearing therein; and for other purposes.
HB 269. By Messrs. Farrar and Harris of DeKalb:
A Bill to be entitled an Act to establish the "DeKalb County Local Government Commission"; and for other purposes.
HB 270. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U.S. census of 1950, so as to increase the salaries of the mem bers of the joint board of tax assessors; and for other purposes.
HB 271. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend Code Chapter 26-63 relating to obscene pictures and written material, so as to provide that any person who shall knowingly sell or exhibit, lend, give away, or who shall have possession of pornographic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes.
HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and Murphy of Haralson:
A Bill to be entitled an Act to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings in each House; and for other purposes.
HB 273. By Messrs. Laite, Jones and Dunwody of Bibb:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemption from all jury duty; and for other purposes.
MONDAY, FEBRUARY 15, 1965
495
HB 274. By Mr. Steis of Harris:
A Bill to be entitled an Act to declare that the underground storage of natural or manufactured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suitable for the construction of underground reservoirs for the storage of such gas; and for other purposes.
HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is con tained in the contract of sale between the seller and the buyer; and for other purposes.
HB 276. By Messrs. Ballard and Spillers of Newton:
A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensation of the chief deputy; and for other purposes.
HR 149-276. By Messrs. Matthews and Bedgood of Clarke:
A Resolution authorizing the conveyance of certain land in Clarke County; and for other purposes.
HB 277. By Mr. Hudgins of Chattahoochee:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, so as to change the compensation of the clerk; and for other purposes.
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski, Minge of Ployd, Johnson of Warren and Harrell of Fayette:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection; and for other purposes.
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, Merritt and Blair of Sumter, Lovett of Laurens, Williams of Coffee, and Barber of Jackson:
A Bill to be entitled an Act to amend Code Title 53, known as "Hus band and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes.
496
JOURNAL OP THE HOUSE,
HB 280. By Mr. Dailey of Randolph:
A Bill to be entitled an Act to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke, Conger of Decatur and many others:
A Bill to be entitled an Act to provide that the House of Representa tives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no District hav ing more than 4 members; and for other purposes.
HB 282. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restric tions for vehicles; and for other purposes.
HB 283. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to provide that in all civil actions for wrongful death or permanent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per cent column of any annuity table in reducing a verdict for damages to its present value; and for other purposes.
HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as to change the population requirements in order to have said Act apply to certain other counties; and for other purposes.
HB 285. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act establishing a State Employees' Retirement System, so as to change the provisions relating to former employees; and for other purposes.
HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes.
MONDAY, FEBRUARY 15, 1965
497
HR 156. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Brooks of Fulton and Hale of Bade:
A Resolution creating the Election Laws Study Committee; and for other purposes.
SR 33. By Senator Jackson of the 16th:
A Resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; 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 27. By Senator Kidd of the 25th:
A Bill to amend an Act creating and establishing a new charter for the City of Milledgeville, approved Dec. 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to remove the provision limiting the right of persons to hold the office of mayor for more than three (3) consecutive terms; and for other purposes.
SB 29. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to amend an Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County) (Ga. L. 1913, p. 145), so as to change the provisions relative to salaries of chief deputies; and for other purposes.
SB 30. By Senators Thompson of the 34th, Salome of the 36th and others:
A Bill to provide that in certain counties the Chief Judge of the Superior Court may provide that all sheriff's sales of personal property may be held at a place other than the Court House, under certain circumstances; and for other purposes.
SB 31. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to amend an Act providing that in Fulton County, Georgia, the Ordinary, etc. may appoint a Chief Deputy (Ga. L. 1939, p. 565) so as to change the provisions of said Act relative to the salaries of the Chief Deputies of the Ordinary, etc.; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 32. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to amend an Act to establish a method for providing fire pre vention systems in the unincorporated portion of Pulton County (Ga. L. 1951, p. 3068) so as to provide for payment for fire protection from the general funds of Fulton County under certain circumstances; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills of the House to wit:
HB 68. By Mr. Houston of Pierce: A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes.
HB 69. By Mr. Houston of Pierce: A Bill to abolish the present method of compensating the sheriff of Pierce County, known as the fee system; and for other purposes.
HB 72. By Mr. Dickinson of Douglas: A Bill to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes.
HB 74. By Mr. Davis of Heard: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes.
HB 97. By Mr. Grahl of Peach: A Bill to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Mr. Blaloek 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 fol lowing Bill and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
MONDAY, FEBRUARY 15, 1965
499
HR 18- 27. HR 40- 84. HR 85-121. HR 41- 84. HR 45- 84. HR 89-123. HR 90-123. HR 49- 87. HR 94-123. HR 84-121. HR 70-117. HR 53- 99.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
HR 79-120. Do Pass.
HR 83-121. Do Pass.
HR 19- 27. Do Pass.
HR 42- 84. Do Pass.
HR 26- 43. Do Pass.
HR 77-120. Do Pass.
HR 82-121. Do Pass.
HB 34. Do Pass.
HR 59-112. Do Not Pass.
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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 261. Do Pass. HB 262. Do Pass.
Respectfully submitted, Melton of Spalding, Chairman.
500
JOURNAL OF THE HOUSE,
Mr. Pope of Cherokee 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 123-192. Do Pass.
Respectfully submitted,
Pope of Cherokee,
Chairman.
Mr. Harris of DeKalb County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendations:
HB
5. Do Pass as Amended.
HR 23- 43. Do Pass by Substitute.
HB 271. Do Pass as Amended.
HB 257. Do Pass.
HR 124-192. Do Pass. HB 185. Do Pass as Amended. HB 186. Do Not Pass.
HR 128-212. Without Recommendation.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Tucker of Catoosa 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 220. Do Pass. HB 221. Do Pass.
MONDAY, FEBRUARY IB, 1965
501
HB 263. Do Pass. HB 264. Do Pass. HB 265. Do Pass. HB 266. Do Pass. HB 267. Do Pass. HB 270. Do Pass. HB 276. Do Pass. HB 277. Do Pass. HB 286. Do Pass. HB 280. Do Pass as Amended.
Respectfully submitted, Tucker of Catoosa, Chairman.
Mr. Tucker of Catoosa 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
56. Do Pass.
HB 187. Do Pass.
HB 205. Do Pass.
HB 207. Do Pass.
HB 211. Do Pass.
HB 213. Do Pass.
HB 214. Do Pass.
HB 215. Do Pass.
HB 222. Do Pass.
HB 251. Do Pass.
HB 249. Do Pass.
HB 244. Do Pass.
HB 243. Do Pass.
HB 240. Do Pass.
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JOURNAL OF THE HOUSE,
HB 239. Do Pass. HB 238. Do Pass. HB 237. Do Pass. HB 235. Do Pass. HB 234. Do Pass. HB 253. Do Pass. HB 258. Do Pass. HB 260. Do Pass. HR 125-208. Do Pass.
Respectfully submitted, Tucker of Catoosa, 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 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 216. Do Pass as Amended.
Respectfully submitted, Williams of Hall, Chairman.
Mr. Brooks of Fulton County, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 189. Do Pass. HB 191. Do Not Pass. HB 80. Do Pass by Substitute. HB 84. Do Pass by Substitute.
MONDAY, FEBRUARY 15, 1965
503
HB 224. Do Pass. HB 13. Do Pass.
Respectfully submitted, Brooks of Fulton, Chairman.
Mr. Chandler of Baldwin County, Chairman of the Committee on State Insti tutions and Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Properties has had under con sideration 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
57. Do Pass.
HB 107. Do Pass.
HR 106-135. Do Pass.
HR 110-139. Do Pass by Committee Substitute.
HR 143-247. Do Pass.
Respectfully submitted, Chandler of Baldwin, Chairman.
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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 226. Do Pass. HB 275. Do Pass.
Respectfully submitted, Ware of Troup, Chairman.
504
JOURNAL OF THE HOUSE,
Mr. Bagby of Paulding 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 48. Do Pass by Committee Substitute. HB 73. Do Pass by Committee Substitute. HB 144. Do Pass.
Respectfully submitted, Bagby of Paulding, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 56. By Mr. Grahl of Peach:
A Bill to be entitled an Act to amend an Act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said SolicitorGeneral; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were HO, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 187. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act changing from the fee system to the salary system of certain county officers of Cherokee County, so as to change the compensation of the ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 15, 19G5
505
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 205. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 207. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to abolish the present method of compensat ing the Sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 211. By Mr. Bowen of Dooly: A Bill to be entitled an Act to abolish the present mode of compensat ing the clerk of the superior court, the sheriff and the ordinary of Dooly County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
506
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 213. By Mr. Johnson of Elbert:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a Board of Commissioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes.
The report 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 214. By Messrs. Sewell, Shea and Richardson of Chatham:
A Bill to be entitled an Act to amend the charter of Garden City and other acts amendatory thereto, incorporating said Town, by fixing and prescribing and extending the corporate limits of said Town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 215. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens, so as to authorize the Mayor and Council of the City of Athens by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting prop erty owner; and for other purposes.
MONDAY, FEBRUARY 15, 1965
507
The report 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 222. By Mr. Arnsdorff of Effingham:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Effingham County, known as 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 234. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act creating and establish ing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board of Commissioners of Roads and Revenues of Worth 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 235. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act, so as to increase the salary of the Judge of the City Court of Sylvester to the sum of
508
JOURNAL OP THE HOUSE,
0.00 dollars per month, and to increase the salary of the Solicitor of the City Court of Sylvester to the sum of $300.00 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 237. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment of office of members of the 'Brunswick and Glynn County Development Authority' so as to define the word "com merce"; and for other purposes.
The report 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 238. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act creating the "magistrate's Court of Glynn County", so as to change the compensation of the magistrate 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 15, 1965
509
HB 239. By Mr. Pafford of Lanier:
A Bill to be entitled an Act to provide that the Sheriff of Lanier County shall be compensated 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 240. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Gainesville and the Acts amendatory thereof", so as to make certain changes in the retirement system for the em ployees 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 243. By Mr. Mauney of White: A Bill to be entitled an Act to place the sheriff of White County on an annual salary, to provide 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
510
JOURNAL OF THE HOUSE,
HB 244. By Messrs. Vaughn and Harris of Bartow:
A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to change the number of deputies to be appointed by 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 249. By Messrs. Oglesby and Russell of Thomas: A Bill to be entitled an Act to amend the Charter of the City of Thomasville as established by an Act, so that said charter as amended will provide: That for the purpose of perpetuating its existing pension and annuity program, the City may levy and collect a tax upon the salaries of the employees of the City without limitation as to the rate of such 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 251. By Mr. Dailey of Randolph: A Bill to be entitled an Act to abolish the present mode of compensat ing the Sheriff of Randolph County, known as the fee system, to pro vide in lieu thereof an annual salary; and for other purposes.
The following amendment was read and adopted:
Mr. Dailey of Randolph moves to amend HB 251 as follows:
By striking from Section 8 the figures "$8,000.00" and insert ing in lieu thereof the figures "$3,300.00".
MONDAY, FEBRUARY 15, 1965
511
By striking from Section 9, the figures "$4,800.00" and insert ing in lieu thereof the figures "$4,000.00".
By striking from Section 13 the words and figures "July 1, 1965" and inserting in lieu thereof the words and figures "Janu ary 1, 1966".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 253. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to create a new charter for the City of Gordon; and for other purposes.
The report 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 258. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the Mayor and Council of the said town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
512
JOURNAL OF THE HOUSE,
HB 260. By Mr. Moore of Stephens:
A Bill to be entitled an Act to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for an addi tional deputy in the sheriff's office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 125-208. By Mr. Milhollin of Coffee:
A Resolution designating the George W. Pridgen Roadside Park; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 27. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Milledgeville, so as to remove the pro vision limiting the right of persons to hold the office of mayor for more than 3 consecutive terms; and for other purposes.
Referred to the Committee on Local Affairs.
SB 29. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta, so as to change the provisions relative to salaries of chief deputies; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 15, 1965
513
SB 30. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to provide that in certain counties the Chief Judge of the Superior Court may provide that all sheriff's sales of personal property may be held at a place other than the Court House, under certain circumstances; and for other purposes.
Referred to the Committee on Local Affairs.
SB 31. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act providing that in Fulton County the Ordinary, etc. may appoint a Chief Deputy, so as to change the provisions of said Act relative to the salaries of the Chief Deputies of the Ordinary, Etc.; and for other purposes.
Referred to the Committee on Local Affairs.
SB 32. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds of Fulton County under certain circumstances; and for other purposes.
Referred to the Committee on Local Affairs.
The following Resolutions of the House were read and adopted:
HR 162. By Messrs. Sewell, Richardson and Shea of Chatham:
A RESOLUTION
Requesting Mr. Johnny Mercer to compose a song to be presented to the General Assembly for consideration as the official State Song; and for other purposes.
WHEREAS, Georgia's name has been spread around the face of the globe by the outstanding musical talent of a native Georgian, Mr. Johnny Mercer of Savannah; and
WHEREAS, this great composer, by his creative ability, has brought pleasure to countless millions of people, and his contributions to the world of music have gained for him well-deserved recognition in all walks of life; and
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JOURNAL OF THE HOUSE,
WHEREAS, it would be most fitting for this native Georgian to be invited by this body to write a song about his home State to be considered for adoption as the official State Song;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Mr. Johnny Mercer is hereby extended an invitation and is earnestly requested to write a song about the State of Georgia for the purpose of having it presented to the General As sembly of Georgia for consideration for adoption as the official State Song.
BE IT FURTHER RESOLVED that in the event Mr. Mercer accedes to this request, the Speaker of the House of Representatives, the President of the Senate, the members of the House from Chatham County, and the members of the Senate from those Senatorial Districts embraced within Chatham County, are hereby authorized to confer with Mr. Mercer and make whatever arrangements are necessary for the presentation of said song to the General Assembly at the regular 1966 Session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Mr. Mercer.
HR 165. By Messrs. Paris of Barrow and Smith of Grady:
A RESOLUTION
Electing Honorable Thomas B. Murphy of Haralson County as a member of the "State Real Properties Control Commission"; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that pursuant to Code Section 91-103A (a) of the "State Properties Control Code", Honorable Thomas B. Murphy of Haralson County is hereby elected by the House of Representatives as a member of the "State Real Properties Control Commission".
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, to the Secretary of State, and to Mr. Murphy.
HB 166. By Messrs. Odom, Busbee and Hutchinson of Dougherty:
A RESOLUTION
Expressing regrets at the passing of Dr. William Henry Dennis, Jr.; and for other purposes.
MONDAY, FEBRUARY 15, 1965
515
WHEREAS, Dr. William Henry Dennis, Jr., President of Albany State College, passed away on January 31, 1965; and
WHEREAS, he was a native of Brunswick, Georgia, and had served as President of Albany State College since 1955, after having served as Principal of the McRae Helena High School in McRae, Geor gia; the Aily Rosenwald School; the Bailey Street High School in Waycross; and the Henry County Training School, McDonough, Georgia; and
WHEREAS, he made an outstanding record at Albany State Col lege while serving as its head and his passing is a great loss to his Community and State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of President William Henry Dennis, Jr., and the members of this body hereby extend their sympathy to the members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the family of Dr. William Henry Dennis, Jr.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 164. By Mr. Rowland of Johnson:
A RESOLUTION
Instructing the State Board of Education to discontinue collection of certain overpayments made to the board of education of Johnson County; and for other purposes.
WHEREAS, in the fiscal year ended June 30, 1956, the State Department of Education charged the Johnson County school system with overpayments by said State Board of Education of $66,416.00; and
WHEREAS, there is presently a balance due on this overpayment by Johnson County of $40,772.25; and
WHEREAS, it is impossible for Johnson County to continue to operate its school system and at the same time repay this overpayment; and
WHEREAS, if the State Board of Education continues to with hold funds from Johnson County in order to recover for this overpay ment a disastrous effect will be inflicted upon the educational program for the children of Johnson County.
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JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Board of Education is here by authorized and directed to discontinue its efforts to collect this over payment from Johnson County and is hereby authorized and instructed to discontinue withholding state funds from Johnson County in an attempt to recover its overpayment.
Under the General Order of Business, the following Bills of the House were taken up for consideration and read the third time:
HB 87. By Messrs. Luke, Simkins and Hull of Richmond; Phillips of Columbia, and Lewis of Burke: A Bill to be entitled an Act to amend an Act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a Chief assistant 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.:
Acree Alien Anderson Arnsdorff Bagby Ballard Barber Beck Black Blair Blalock Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Byrd Caldwell
Clark, J. T. Clarke, H. G. Coker, R.
Collins, M. Colwell
Conger Crowe DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Flynt Fulford Gary Grahl
Griffin Harrell Harris, J. F.
Harris, J. R. Harris, R. W.
Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert
Lane Lee, F. S. Lee, W. J. (Bill)
Lewis, E. B. Lewis, P. B.
MONDAY, FEBRUARY 15, 1965
517
Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. K. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Poss Potts Reid Richardson Ross Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B.
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Sweat Tabh Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Wells White Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Balkcom Bedgood Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Bynum Carr Chandler Coker, G., Dr. Collins, J. F. Conner D alley Davis Dean Dorminy Farrar
Griffis Hale Hall Harrington Herndon Jessup Jones, F. C. Jones, M. Kelly Lee, G. B. Leonard Matthews, C. McClelland Moate Moses Nessmith, P. Oglesby Otwell Pickard Pope Rainey
Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Smith, G. L. II Snow Steis Story Strickland Thomas Vaughn, C. E. Walker Wiggins Williams, G. J. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
Mr. Burke of Lewis moved that HB 87 be immediately transmitted to the Senate and the motion prevailed.
HB 87 was ordered immediately transmitted to the Senate.
HB 232. By Messrs. McClelland and Brooks of Fulton:
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 provide for a refund of a deposited security; and for other purposes.
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.:
Acree Alien Anderson Arnsdorff Ballard Barber Beck Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byr<! Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Conner Davis DeLoach DeVane
Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Etheridge Evans Floyd Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell
MONDAY, FEBRUARY 15, 1965
519
Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts
Rainey Reid Richardson Roberts Roper Ross Russell Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Story
Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Williams, G. J. Wilson Woodward Wright
Voting in the negative was Mr. Chas. C. Smith.
Those not voting were Messrs.:
Abney Bagby Balkcom Bedgood Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B, Bynum Caldwell Carr Coker, G., Dr. Collins, J. F. Crowe D alley Dean Dorminy Dunwody Farrar
Griffis Hale Hall Harris, J. F. Herndon Jessup Johnson, B. Jones, F. C. Kelly Laite Lambert
Lee, G. B. Matthews, C. McCracken Mixon Moate Newton, A. S. Newton, D. L. Otwell Pickard
Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Rush Savage Simmons Smith, G. L. II Smith, V. T. Snow Steis Strickland Thomas Wells Wiggins Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed,
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JOURNAL OP THE HOUSE,
HB 42. By Mr. Hale of Bade:
A Bill to be entitled an Act to provide that a certified copy of a deed or any other instrument affecting real property which has been prop erly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instruments; and for other purposes.
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 follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson
Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown. M. P. Busbee Bynum Byrd Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach
DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Etheridge Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston
Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Mitchell Mixon Moate Moses Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Overby
MONDAY, FEBRUARY 15, 1965
521
Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush
Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Strickland Sweat Tabb Thomas
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Bagby Bolton Branch Brooks, Geo. B. Caldwell Carr Chandler Coker, G., Dr. Collins, J. F. Davis Dorminy Doster Evans Farrar Hall
Herndon Jessup Jones, F. C. Lambert Lee, G. B. Lowrey McCracken Melton Milhollin Minge Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Otwell
Phillips, G. S. Reaves Rhodes Rodgers, H. B. Rowland Russell Savage Simmons Smith, G. L. II Steis Story Wells Wilson Mr. Speaker
On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the General Order of Business, the following Bill of the House, was again taken up:
HB 63. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia, relating to the regulation of the insurance industry, so as to provide
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JOURNAL OF THE HOUSE,
for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes.
The following Committee amendment was read and adopted:
The Committee of the House on Insurance moves to amend HB 63 as follows:
By striking from Subsection (b) of Section 56-1519.1, which Sec tion is quoted in Section 2 of said Bill, the following phrase:
"or to refrain from giving",
so that when so amended Subsection (b) of Section 56-1519.1 shall read as follows:
"(b) No person and no domestic insurer or any director, offi cer, or employee of such insurer shall solicit or permit the use of his name to solicit, by mail or otherwise, any person to give any proxy, consent or authorization in respect of any voting se curity issued by such insurer in contravention of any rule or regu lation the Commissioner may prescribe pursuant to this Section 56-1519.1."
By striking in its entirety subsection (c) of Section 56-1519.1 which section is quoted in Section 2 of said Bill and substituting a new Subsection (c) therefor which shall read as follows:
"(c) Failure to comply with any rule or regulation of the Com
missioner made pursuant to this section shall be unlawful and com
pliance may be enforced by appropriate action in law or equity.
If a domestic insurer or any person who is legally entitled to vote,
consent or authorize by virtue of being the holder of record of such
voting security shall fail to commence such action within fifteen
(15) days after the date on which such vote was cast or counted,
the Commissioner may enforce compliance with the rules and regu
lations made pursuant to this section, by appropriate action in law
!
or equity, provided, however, no suit shall be brought more than
thirty (30) days after the date on which such vote, consent or
authorization was to have been effected."
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 Arnsdorff
Bagby Balkcom
Ballard Barber Beck Bedgood Black Blair Blalock Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Doster Duncan, A. C. Dunwody Etheridge Evans Farrar Floyd
Fulford
Gary
Grahl
Griffin
Griffis
Harrell
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Henderson
Holder
Houston
Howell
Hudgins
Hull
Hutchinson
MONDAY, FEBRUARY 15, 1965
523
Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McKemie McRae Melton Merritt Milhollin Mitchell Mixon
Moate
Moore, Don C.
Moore, J. H.
Moses
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Overby
Pafford
Page
Paris
Parker
Perry
Peterson Phillips, G. S. Phillips, L. L. Poss Potts Rainey Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb
Thomas
Tidwell
Tucker, J. B.
Tucker, Ray M.
Underwood
Vaughan, D. N.
Ware
Watkins
Watson
Wells
White
Wiggins
Williams, G. J.
Williams, W. M.
Wilson
Wright
524
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Bolton Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Caldwell Chandler Clark, J. T. Coker, G., Dr. Conger Davis Dollar
Dorminy Duncan, V. W. Plynt Hale Hall Herndon Jessup Jones, F. C. Jordan, Ben C. Lambert Looper McCracken McDaniell Minge Otwell
Pickard Pope Reaves Rhodes Rowland Savage Simmons Smith, Chas. C. Thomason Vaughn, C. R. Walker Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Busbee of Dougherty asked unanimous consent, that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitteed to the Committee on Highways:
HB 285. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees' Retirement System, so as to change the provisions relating to former employees, and for other purposes.
The consent was granted and HB 285 was recommitteed to the Committee on Highways.
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:00 p.m.
Mr. Williams of Hall asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recom mitteed to the Committee on Ways & Means.
MONDAY, FEBRUARY 15, 1965
525
HB 53. By Messrs. McClelland of Fulton, Richardson of Chatham, and others:
A Bill to be entitled an Act relating to the registration of vehicles and vehicle licenses, so as to provide for payment of annual license tax semiannually; and for other purposes.
The consent was granted and HB 53 was recommitteed to the Committee on Ways & Means.
Under the General Order of Business, the following Bill of the House was taken up for consideration and read the third time:
HB 116. By Messrs. Overby and Williams of Hall and others:
A Bill to be entitled an Act to provide for the terms of the superior courts of the counties comprising the Northeastern 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Barber Beck Black Blair Blalock Bowen, R. L. Brackin Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Clarke, H. G. Coker, R.
Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis DeLoach DeVane Dickinson Dixon Dorminy Duncan, A. C. Dunwody Farrar Flynt Fulford Grahl Griffin Griffis Harris, J. F.
Harris, R. W. Henderson Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, G. B.
526
Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, D. B. Mauldin Mauney McClelland McKemie McRae Merritt Milhollin Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
JOURNAL OF THE HOUSE,
Odom Oglesby Otwell Overby Pafford Parker Perry Peterson Phillips, L. L. Pickard Potts Reid Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Simpson
Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker
Story Strickland Sweat Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wright
Voting in the negative was Mr. Rowland.
Those not voting were Messrs.:
Balkcom Ballard Bedgood Bolton Bowen, J. O. Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Clark, J. T. Coker, G., Dr. Conger Dean Dollar Doster Duncan, V. W. Etheridge Evans Floyd Gary
Hale Hall Harrell Harrington Harris, J. R. Herndon Houston Jordan, Ben C. Jordan, W. H. Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Marshall Matthews, C. McCracken McDaniell Melton Minge Moate Nessmith, P. Page Paris
Phillips, G. S. Pope Poss Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Simmons Smith, Chas. C. Smith, G. L. II Smith, V. T. Steis Tabb Thomas Thomason Tucker, J. B. Vaughn, C. R. Walker Wells Wilson Woodward Mr. Speaker
MONDAY, FEBRUARY 15, 1965
527
On the passage of the Bill, the ayes were 134, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Rowland of Johnson stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HB 116.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a. m. to morrow.
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JOURNAL OP THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 16, 1965
The House met pursuant to adjournment at 9:30 o'clock, a.m., this day and was called to order by the Speaker.
The following prayer was offered by Rev. Norton R. Campbell, Jr., Pastor, Dahlonega Methodist Church, Dahlonega, Georgia.
Meditation delivered before the Georgia House of Representatives-- February 16, 1965 by the Rev. Norton R. Campbell, Jr.
MINISTERS OF GOD
(Scripture: Romans 12: 1-11, 13: 6)
Do you ever wonder what your constituents call you? I suppose that some of their thoughts for you would be praise-worthy, perhaps even flattering. I guess some of the names used to describe you would be unrepeatable in public.
This morning I would like to remind you what the New Testament calls you: "Ministers of God". Every believer is called to be a minister of God, to serve God in his vocation. St. Paul calls us to minister to God with the gifts given us in prophecy, teaching, exhortation and by implication in politics. In this ministry he urges us "never to flag in zeal, to serve the Lord".
It is remarkable how little the New Testament is concerned with the churchy part of our lives. The overwhelming emphasis is on what we do outside the doors of the church. Our real test is this: What we do with our hands, our feet, our mouths in our homes, in our relation ships to o:ir fellowmen, and in our work. It is in these places and ways that our ministry to God is performed.
I am not here to tell you what to do as politicians nor how to do it. This would be presumptuous of me. I am here to remind you of one startling fact--"you are ministers of God". As such you are finally answerable neither to your own conscience nor to the people, but to the living God. Brethren, let us tend to the ministry which God has given each one of us.
Let us pray. Holy Father, look down with mercy on these thy ministers. Grant unto them thy Grace given in Christ Jesus and thy strength and power which cometh through thy Spirit that they--each and every one--may perfectly serve thee and thy children of this great State of Georgia. In the name of Jesus, we pray, Amen.
By unanimous consent the call of the roll was dispensed with.
TUESDAY, FEBRUARY 16, 1965
529
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolution. 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 300. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Warrenton, in Warren County, and to provide for the election of Commissioners for the same", so as to change the dates for making tax returns; and for other purposes.
Referred to the Committee on Local Affairs.
HB 301. By Mr. Wright of Wilkes:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a board of Commissioners of Roads and Revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and the county warden of Wilkes County; and for other purposes.
Referred to the Committee on Local Affairs.
530
JOURNAL OF THE HOUSE,
HB 302. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Clerk of the Superior Court, the Sheriff and the Tax Com missioners of Columbia County; to provide for the collection, disposition and accounting of all fees, emoluments and perquisites; and for other purposes.
Referred to the Committee on Local Affairs.
HB 303. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensation of the chairman and executive of ficer of said board; and for other purposes.
Referred to the Committee on Local Affairs.
HR 159-303. By Mr. Phillips of Columbia:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Columbia County; and for other purposes.
Referred to the Committee on Appropriations.
HB 304. By Mr. Tidwell of Crawford:
A Bill to be entitled an Act to abolish the present method of compen sating the Sheriff of Crawford County known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 305. By Messrs. Looper of Dawson, Simpson of Wheeler and Caldwell of Union:
A Bill to be entitled an Act to be known as "The Alcohol Beverage Control Act"; to provide for a Department of Alcohol Beverage Con trol; and for other purposes.
Referred to the Committee on Temperance.
HB 306. By Messrs. Harris and Smith 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 one of the sheriff's deputies; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 16, 1965
531
HB 307. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the compensation of a deputy of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 308. By Mr. Maddox of Gordon:
A Bill to be entitled an Act to amend an Act to change the compensation of the Sheriff of Gordon County, so as to change the compensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 309. By Messrs. Harris and Smith 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 Judge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 310. By Mr. Maddox of Gordon:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 311. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act regulating the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in this State; and for other purposes.
Referred to the Committee on Highways.
Mr. Walker of Lowndes moved that the following Bill of the House be en grossed:
HB 312. By Mr. Walker of Lowndes:
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", so as to reduce the size of the package in which distilled spirits or alco holic beverages may be sold, and for other purposes.
532
JOURNAL OF THE HOUSE,
On the motion to engross, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Arnsdorff Beck Bedgood Blair Bolton Brackin Brinkley Brooks, Wilson Brown, Gene Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Davis DeLoach Dollar Duncan, A. C. Etheridge Evans Floyd Grahl Griffin Griffis Hale Henderson Herndon Holder
Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben G. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lewis, P. B. Luke Maddox Marshall Matthews, C. Mauldin McClelland McKemie McRae Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby
Pafford Page Potts Rainey Rhodes Richardson Roper Ross Russell Sewell Shea Simkins Simmons Smith, E. B., Jr. Smith, J. R. Snow Spikes Steis Story Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Walker Watkins Watson Wells White Wiggins Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Dunwody
Pope
Poss
Hudgins
Those not voting were Messrs.:
Acree Alien Anderson
Bagby Balkcom Ballard
Barber Black Blalock
TUESDAY, FEBRUARY 16, 1965
533
Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, M. P. Bynum Chandler Collins, J. F. Colwell Conner Dailey Dean DeVane Dickinson Dixon Dorminy Doster Duncan, V. W. Parrar Flynt Fulford Gary Hall Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Johnson, B.
Jones, G. Paul Kelly Laite Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Lowrey Matthews, D. R. Mauney McCracken McDaniell Melton Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Nessmith Newton, D. L. Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Pickard Reaves Reid Roberts Rodgers, H. B. Rogers, Jimmie Rowland Rush Savage Shuman Simp son Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Spillers Stalnaker Strickland Sweat Thomas Thomason Vaughn, C. R. Vaughan, D. N. Ware Williams, G. J. Wilson Mr. Speaker
On the motion to engross, the ayes were 103, nays 4.
The motion prevailed and HB 312 was ordered engrossed and referred to the Committee on Judiciary.
HB 313. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act establishing a State Commission on Aging, so as to provide for an additional member of the State Commission on Aging; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 160-313. By Mr. Newton of Jenkins:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes.
Referred to the Committee on Appropriations.
534
JOURNAL OP THE HOUSE,
HR 161-313. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 314. By Messrs. Blair of Sumter, Dean of Polk, Wiggins of Carroll, Simpson of Wheeler, Pickard of Muscogee and others:
A Bill to be entitled an Act to amend Code Section 40-405 of the Code of Georgia of 1933, relating to the preparation of the budget report, so as to provide for a working reserve-high and low income period; and for other purposes.
Referred to the Committee on State of Republic.
HB 315. By Messrs. Conger and Dollar of Decatur:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city manager; and for other purposes.
Referred to the Committee on Local Affairs.
HR 163-315. By Messrs. Blair of Sumter, Dean of Polk, Wiggins of Carroll, Simpson of Wheeler, Pickard of Muscogee and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to appropriation control; and for other purposes.
Referred to the Committee on State of Republic.
HB 316. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the com pensation of the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 317. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Charter for the City of Gumming, so as to provide for permanent registration under certain circumstances; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 16, 1965
535
HB 318. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County, so as to remove the provisions relative to per diem for attendance at special meetings; to provide for expense allowances; and for other purposes.
Referred to the Committee on Local Affairs.
HB 319. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend Code Section 34-1317 relating to electors receiving assistance in voting at primaries and elections, so as to provide that managers shall permit electors eligible to receive assistance to select any poll officer of the polling place at which such elector within the second degree of consanguinity or affinity to enter the voting compartment or booth to assist such elector in voting; and other purposes.
Referred to the Committee on Judiciary.
HB 320. By Messrs. Sewell of Chatham and Jones of Liberty:
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 from the taxes imposed by said Act, sales to public, non-profit private hospitals and volunteer fire departments; and for other purposes.
Referred to the Committee on Ways and Means.
HB 321. By Mr. Overby of Hall: A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the County; and for other purposes.
Referred to the Committee on Judiciary.
HB 322. By Mrs. Irvin of Habersham: A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Commission, by providing that the Attorney General, the Director of the Department of Industry and Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members; and for other purposes.
Referred to the Committee on Judiciary.
HB 323. By Messrs. Conger and Dollar of Decatur: A Bill to be entitled an Act to amend an Act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes.
Referred to the Committee on Local Affairs.
536
JOURNAL OF THE HOUSE,
HB 324. By Messrs. Ballard and Spillers of Newton:
A Bill to be entitled an Act to amend an Act providing a board of directors and a commissioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 325. By Messrs. Clark and Tucker of Catoosa:
A Bill to be entitled an Act to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter; and for other purposes.
Referred to the Committee on Judiciary.
HB 326. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
Referred to the Committee on Local Affairs.
HB 327. By Messrs. Blalock and Potts of Coweta:
A Bill to be entitled an Act to amend an Act establishing a City Court of Newnan, so as to change the compensation allowed the Solicitor of said Court for a secretary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 328. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes.
Referred to the Committee on Local Affairs.
HB 329. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 16, 1965
537
HB 330. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for two assistants for the tax commissioner and to fix their compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 331. By Mrs. Anderson of Pulaski:
A Bill to be entitled an Act to place the Sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 332. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 333. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 334. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 335. 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, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes.
Referred to the Committee on Local Affairs.
538
JOURNAL OF THE HOUSE,
HB 336. By Mr. Sewell of Chatham:
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 from the taxes imposed by said Act the sale of machinery, including but not limited to, such related items as pipes, conduits and ducts which are used directly in the manufacture of tangible personal property; and for other purposes.
Referred to the Committee on Ways and Means.
HB 337. By Mr. Hale of Bade:
A Bill to be entitled an Act to amend an Act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorized representatives of the public informa tion media and the publication in certain instances of juvenile offenders; and for other purposes.
Referred to the Committee on Judiciary.
HB 338. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to limit and regulate the assessment and collection of taxes by municipal au thorities of this State, except so far as relate to the City of Savannah", so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses of said municipal corporation an annual ad valorem tax upon the property within said corporation not in excess of 9.8 of one per cent without the necessity of conducting the election specified in said Act as amended; and for other purposes.
Referred to the Committee on Local Affairs.
HB 339. By Messrs. Bolton of Spalding, Hale of Bade and Steis of Harris:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing or motor vehicles, so as to provide that the tax commissioners shall be the agent of the State Revenue Commissioner for the purpose of accepting applications and the registration of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 340. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Hale of Dade and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Chapter 58-2, relating to the manufacture, transportation and possession of certain intoxicating liquors", so as to declare certain raw materials contraband; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 16, 1965
539
HB 341. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide that it shall be unlawful for two or more persons to conspire to commit certain offenses relating to the sale, manufacture, possession, and transportation of alcoholic beverages; and for other purposes.
Referred to the Committee on Judiciary.
HB 342. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to atuhorize the State Personnel Board to provide a Long Term Disability Insurance Plan for employees of the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend the Honesty in Goverment Act,
so as to make certain transactions with certain officials illegal; and
for other purposes.
Referred to the Committee on Rules.
HB 344. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled "The Georgia Public Assistance Act of 1965"; to authorize the Department of Family and Children Services to establish categories of assistance payments and services; and for other purposes.
Referred to the Committee on Welfare.
HB 345. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A Bill to be entitled an Act to create and establish a Georgia Firemen's Retirement System; and for other purposes.
Referred to the Committee on Judiciary.
HB 346. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes.
Referred to the Committee on Local Affairs.
540
JOURNAL OF THE HOUSE,
HB 347. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Brantley County, Georgia, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 348. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to amend an Act providing for a Treasurer of Brantley County, so as to change the compensation of said Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 349. By Messrs. Bolton of Spalding, Hale of Dade, and Steis of Harris:
A Bill to be entitled an Act to amend Code Section 92-6908, relating to the compensation and the payment of expenses of county boards of tax assessors, so as to increase the minimum compensation of county tax assessors; and for other purposes.
Referred to the Committee on Rules.
HB 350. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend the Georgia Election Code, relat ing to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, so as to provide that an incumbent of the office of justice of the peace, who serves as a poll officer at a primary or election in which he seeks nomination for or election to the office of justice of the peace, shall be eligible to hold same if nominated or elected; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 287. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; and for other purposes.
TUESDAY, FEBRUARY 16, 1965
541
HB 288. By Messrs. Richardson, Sewell and Shea of Chatham:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the 'Georgia Historical Society'", so as to designate and name new members of the Society; and for other purposes.
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes.
HB 290. By Messrs. Smith of Grady and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Section 91-103A, relating to the creation of the "State Real Properties Control Commission", so as to provide for biennial elections of a member of the House of Representa tives and a member of the Senate to said Commission; and for other purposes.
HB 291. By Mr. Dunwody of Bibb:
A Bill to be entitled an Act to authorize the State Highway Department of Georgia to pay, as a part of the cost of construction of a project on any of the Federal-aid highway systems, relocation expenses to eligible persons and businesses for the reasonable and necessary moving expenses caused by their displacement from real property acquired for such property; and for other purposes.
HB 292. By Messrs. Simkins and Luke of Richmond, Poss of Madison, Snow of Walker, Richardson of Chatham, Vaughn of Rockdale, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide that any person who shall have reached his or her 18th birth day and who is married may execute notes, loan deeds, deeds to secure debts, for the purpose of securing loans on real estate", so as to au thorize certain minors to execute conditional sales contracts for the purchase of personalty; and for other purposes.
HB 293. By Mrs. Merritt and Mr. Blair of Sumter:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes.
HB 294. By Mr. Rowland of Johnson:
A Bill to be entitled an Act entitled "An Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus", so as to change the salaries paid by the State of Georgia to certain Judges of the Superior Courts, Emeritus; and for other purposes.
542
JOURNAL OP THE HOUSE,
HB 295. By Mr. Jones of Liberty:
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 from the taxes imposed by said Act, sales to public and non-profit private hospitals; and for other purposes.
HB 296. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend Code Section 56-1022 of the Georgia Insurance Code, relating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue holds a senior participation to the insurer; and for other purposes.
HB 297. By Messrs. NeSmith of Meriwether, Doster of Wilcox, McRae of Talbot, Jessup of Bleckley, Caldwell of Union and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; and for other purposes.
HB 298. By Mr. Mauldin of Franklin:
A Bill to be enitled an Act to amend an Act authorizing the Superior Court Judge or judges in any county in this State located in certain judicial circuits to establish and maintain a law liberary for the use of the judges, solicitors and other court officials, so as to provide that said Act shall not apply to certain counties within such judicial circuits, and for other purposes.
HB 299. By Mr. Etheridge of Fulton: A Bill to be entitled an Act to amend an Act incorporating Union City, relating to elections, and for other purposes.
HR 164. By Mr. Rowland of Johnson: A Resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the board of education of Johnson County, and for other purposes.
SB 27. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Milledgeville, so as to remove the provision
TUESDAY, FEBRUARY 16, 1965
543
limiting the right of persons to hold the office of mayor for more than 3 consecutive terms; and for other purposes.
SB 29. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta, so as to change the provisions relative to salaries of chief deputies; and for other purposes.
SB 30. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to provide that in certain counties the Chief Judge of the Superior Court may provide that all sheriff's sales of personal property may be held at a place other than the Court House, under certain circumstances; and for other purposes.
SB 31. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act providing that in Fulton County the Ordinary, etc. may appoint a Chief Deputy, so as to change the provisions of said Act relative to the salaries of the Chief Deputies of the Ordinary, Etc.; and for other purposes.
SB 32. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds of Fulton County under certain circumstances; and for other purposes.
Mr. Conger of Decatur County Chairman of the Committee on Banks & Banking submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 150. Do Pass. HB 151. Do Pass. HB 152. Do Pass. HB 153. Do Pass.
544
JOURNAL OF THE HOUSE,
HB 154. Do Pass. HB 155. Do Pass.
Respectfully submitted, Conger of Decatur Chairman.
Mr. Pope of Cherokee County Chairman of the Committee on Highways submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 43. Do Pass. Respectfully submitted, Pope of Cherokee Chairman.
Mr. Clarke of Monroe County Chairman of the Committee on Industry sub mitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 274. Do Pass. Respectfully submitted, Clarke of Monroe Chairman.
Mr. Harris of DeKalb County Vice 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 Vice Chairman, to report the same back to the House with the following recommendations:
HR 133-230. Do Pass. HR 108-138. Do Pass.
TUESDAY, FEBRUARY 16, 1965
545
HR 132-229. Do Pass. HB 255. Do Pass. HB 279. Do Pass. HB 52. Do Pass as Amended. HB 142. Do Not Pass. HB 174. Do Not Pass.
Respectfully submitted, Harris of DeKalb Vice Chairman.
Mr. Tucker of Catoosa 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 293. HB 298. SB 17. SB 18. SB 19. SB 20.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted,
Tucker of Catoosa
Chairman.
Mr. Arthur K. 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 of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
HB 281. Do Pass. Respectfully submitted, Carr of Washington Secretary.
546
JOURNAL OP THE HOUSE,
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 35. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend an Act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other States, or interstate agencies; and for other purposes.
SB 56. By Senator Johnson of the 42nd:
A Bill amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain salaries approved March 27, 1947 (Ga. Laws 1947, p. 673); and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur:
A Bill to provide for the terms of the Superior Court of Grady County; and for other purposes.
HR 15-21. By Mr. Fulford of Terrell:
A Resolution authorizing the conveyence of certain real estate located in Terrell County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HR 150. By Messrs. Laite, Jones and Dunwody of Bibb:
A Resolution expressing appreciation to the Macon Telegraph and the Macon News; and for other purposes.
TUESDAY, FEBRUARY 16, 1965
547
HR 154. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Resolution deploring the cruel and senseless acts of vandalism per petrated toward Veterans' graves and other historical graves in the State of Georgia; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 35. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend an Act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Govern ment, other States, or interstate agencies; and for other purposes.
Referred to the Committee on Welfare.
SB 56. By Senator Johnson of the 42nd: A Bill to be entitled an Act amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain salaries; and for other purposes.
Referred to the Committee on Banks and Banking.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 220. By Messrs. Melton and Bolton of Spalding: A Bill to be entitled an Act to amend the Charter of the City of Griffin, so as to enlarge the present City boundaries and the corporate limits by the annexation of certain described property adjacent to the present City limits, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, agreed to.
On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.
548
JOURNAL OF THE HOUSE,
HB 221. By Messrs. Melton and Bolton of Spalding:
A Bill to be entitled an Act to amend the Charter of the City of Griffin by amending the Act approved July 21, 1921, as amended.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person, and for other purposes.
The report 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 263. By Mr. Rowland of Johnson: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Johnson County, known as 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 16, 1965
549
HB 264. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 265. By Messrs. Blalock and Potts of Coweta:
A Bill to be entitled an Act to create and establish the Newton-Coweta Airport 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 266. By Messrs. Potts and Blalock of Coweta: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the City Clerk to issue an execution as other tax executions in the amount of the license fee due, and for other purposes.
The report 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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JOURNAL OF THE HOUSE,
HB 267. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to authorize and empower the Mayor and Aldermen of the City of Chatsworth, to sell or lease a certain block of land within 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 277. By Mr. Hudgins of Chattahoochee: A Bill to be entitled an Act to amend an Act entitled "an Act to repeal an Act, creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee", so as to change the compensation of the clerk of the Board of Commissioners of Roads and Revenues, and for other purposes.
The report 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 276. By Messrs. Spillers and Ballard of Newton: A Bill to be entitled an Act to amend an Act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to in crease the compensation of the chief deputy, and for other purposes.
The report 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.
TUESDAY, FEBRUARY 16, 1965
551
HB 270. By Messrs. McClelland, Etheridge and Brooks of Pulton:
A Bill to be entitled an Act to amend the Act creating a joint CityCounty board of Tax Assessors in all counties of a certain population, so as to increase the salaries of the members of the joint board of tax assessors, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 280. By Mr. Dailey of Randolph: A Bill to be entitled an Act to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 280 as follows:
By striking from Section 2 the words and figures "Six Thousand Dollars ($6,000.00)" and inserting in lieu thereof the words and figures "Six Thousand Six Hundred Dollars ($6,600.00)".
By striking from Section 5 the words and figures "July 1, 1965" and inserting in lieu thereof the words and figures "January 1, 1966".
The report 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 189. By Mr. Ross of Lincoln:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so
552
JOURNAL OF THE HOUSE,
as to provide that the City of Lincolnton shall not be affected by the provisions of Code Sections 92-4101 through 92-4104, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 18-27. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 19-27. By Mr. Irvin of Habersham: A Resolution compensating Mr. Cliff Pitts, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
TUESDAY, FEBRUARY 16, 1965
553
HR 26-43. By Mr. Lee of Clayton:
A Resolution to compensate Grover Jackie Darnell, and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 40-84. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Pondren, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 41-84. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc., and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
554
JOURNAL OF THE HOUSE,
HR 42-84. By Mr. Hall of Lee:
A Resolution compensating the Lee County Board of Education, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 45-84. By Mr. Brooks of Fulton: A Resolution compensating E. C. A. Forsberg, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 49-87. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
TUESDAY, FEBRUARY 16, 1965
555
HR 53-99. By Messrs. Vaughn and Harris of Bartow: A Resolution to compensate Frank C. Dysart, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 70-117. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 77-120. By Mr. Bagby of Paulding: A Resolution to compensate Mr. H. C. Holland, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 79-120. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess, and for other purposes.
556
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 ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 82-121. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 83-121. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 84-121. By Mr. Tucker of Henry: A Resolution compensating Mr. T. W. Craig, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
TUESDAY, FEBRUARY 16, 1965
557
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 85-121. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 89-123. By Mr. Etheridge of Fulton: A Resolution compensating Edward F. Graham, 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 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 90-123. By Mr. Etheridge of Fulton:
A Resolution to compensate Ryder Truck Rental, Inc., and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 129, nays 0.
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JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 94-123. By Messrs. Smith and Mitchell of Whitfield: A Resolution compensating Dwight M. Beaty, Jr., and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and adopted:
HR 168. By Messrs. McClelland, Brooks and Etheridge of Fulton, Matthews of Clark and Lee of Clayton:
A RESOLUTION
WHEREAS, George Mclntosh Sparks took the helm of Georgia State College in 1928 and nurtured it through early difficulties, through the Great Depression, and through the Second World War and set it firmly on its way to achievement and quality. He, as a man of character, saw the need for a great general college in Atlanta and set the College to serve the public good and established it physically as an integral part of the City of Atlanta and the State of Georgia. He, foreseeing the future, set the pattern in Georgia for the establishment of urban col leges by tenaciously nurturing Georgia State College as the first and principal example which our people have latterly taken up and followed. He gave his resources and his heart to Georgia State College.
WHEREAS, Noah Langdale, Jr., succeeded Dr. Sparks in the presi dency of the College in 1957 and has served as a worthy successor to his worthy predecessor. He has expanded the College in it physical demain and in its academic dominion. He has brought to the State a new concept of the role of an academic administrator and a new vision of education which has been beneficial to the entire University System. He has been an outstanding champion of adjusting the entire University System to meet the challenge of the space age and the challenge of survival. He has established the College in the heart of Atlanta as a large physical entity properly ordered and arranged for the convenience of all. He has enlarged the courses of study and the degree offerings
TUESDAY, FEBRUARY 16, 1965
559
so widely and variously that both the best faculty and the best students in Georgia are eager to associate themselves with the College. He has given his vast energy of body and mind to the increase of the College internally and externally. His effort has resulted in making the College an institution of service and of quality.
WHEREAS, Georgia State College has in the 1963-1964 season completed fifty years of service to the City of Atlanta and the State of Georgia and now looks forward to continuing this service and ex panding its horizons to serve the South and the Nation. The College is a natural and integral part of the City and the State and, situated within the area of urban renewal of Atlanta, it can expand its func tions at every point of need to serve the people of Georgia. The stu dents, the faculty, and the alumni of the College are devoted to the College and are always ready to serve the City and the State better for having been associated with the College.
THEREFORE, The Members of the General Assembly declare and set in the record our appreciation and gratitude for the service of Georgia State College to the people of the State and in particular do we express our collective gratitude to all the administrators, the faculty, students, and alumni of the College, and to the Board of Regents and the Office of the Chancellor for all of these lasting accomplishments.
THEREFORE, It is further resolved, that Clerk of the House is hereby authorized to transmit an appropriate copy of this Resolution, with the Seal of the General Assembly thereto to the Chairman of the Board of Regents, the Officials of Georgia State College, the Acting Chancellor of the University System of Georgia and the Department of Archives.
The following Resolution of the House was read and referred to the Com mittee on Industrial Relations:
HR 169. By Messrs. Bagby of Paulding, McDaniell of Cobb, Snow of Walker, and others:
A RESOLUTION
Creating an interim committee to be known as the "Industrial Safety Committee" for the purpose of studying industrial safety; and for other purposes.
WHEREAS, the State of Georgia is experiencing a period of un precedented industrial development, both in new industries and expan sion of industries already located in the State; and
WHEREAS, the increase in industrial development in the State is attracting many professional, skilled and semi-skilled persons; and
560
JOURNAL OF THE HOUSE,
WHEREAS, the State should make every effort to implement an industrial safety program commensurate with the increase in industrial development thereby preventing many serious and permanent injuries, deaths and the loss of thousands of man-hours of production; and
WHEREAS, it is to the best interest of industry, the employees engaged therein, the employees in related fields and the citizens of this State that industrial safety be promoted and industrial accidents be reduced and prevented; and
WHEREAS, the Committee appointed to study industrial safety pursuant to HR 397 enacted in 1964 recommended to the General As sembly of Georgia that a Committee be created to continue the study of industrial safety; it being apparent to said Committee that the pur pose for which the Committee was created was too broad in scope to make a thorough study and to adequately make detailed recommenda tions including recommendations of needed legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Committee to be known as the "Industrial Safety Committee" to be composed of eleven (11) members as follows: Three members of the House of Representa tives to be appointed by the Speaker; three members of the Senate to be appointed by the President; two members representing management to be appointed by the Governor; two members representing labor to be appointed by the Governor; and one other citizen to be appointed by the Governor. The Committee herein created shall be appointed within thirty (30) days after the approval of this Resolution by the Governor or its otherwise becoming law. The Governor, or such person as de signated by the Governor, is hereby authorized to call an organizational meeting of said Committee on or before May 1, 1965. The Committee at its organizational meeting shall elect a Chairman, Vice Chairman and Secretary of the Committee. The Committee in its discretion may adopt rules for orderly proceedings and procedure of the Committee. Any vacancies which may occur on the Committee may be filled by the person making the original appointment and such appointment shall represent the same field as the person originally appointed.
BE IT FURTHER RESOLVED that the Committee shall be au thorized to:
(a) To make a comprehensive study as to whether or not the funds presently being requested and appropriated are sufficient to administer and enforce the present laws relating to industrial safety.
(b) To study the administration and enforcement of the present laws relative to industrial safety.
(c) To consider the need for legislation regulating the construction, installation, inspection and operation of boilers and pressure vessels.
(d) To study and determine whether or not the laws of the State of Georgia relative to industrial safety are adequate, and if such laws
TUESDAY, FEBRUARY 16, 1965
561
are not adequate, to recommend new legislation for an effective indus trial safety program in the State of Georgia that can be administered from a State level.
(e) To study and determine what fields of industry are not presently covered by laws requiring industrial safety and to recommend amend ments to existing pertinent laws and to recommend new legislation as will be necessary to effectively protect all industrial employees in the State of Georgia.
(f) To make recommendations as to whether or not the industrial laws of the State of Georgia and any new laws that may be recommended should be consolidated into a comprehensive Industrial Safety Code.
(g) To recommend ways and means of promoting industrial safety on a volunteer basis.
(h) To make such other inquiries, studies and investigations that may be necessary to effectively carry out the purposes of this Resolu tion.
BE IT FURTHER RESOLVED that the Committee is hereby au thorized to employ the services of court reporters, stenographic re porters and secretarial assistants as is authorized by the Committee and approved by the Chairman of the Legislative Services Committee. The compensation or fees of such personnel shall be fixed and approved by the Chairman of the Legislative Services Committee. Necessary sup plies, postage, telephone service and other expenses of the Committee may be authorized by the Chairman of the Legislative Services Com mittee.
BE IT FURTHER RESOLVED that the members shall receive the compensation, per diem, expenses and allowances authorized for legis lative members of interim legislative committees, but shall receive the same for not more than ninety (90) days per member. In the event the Governor appoints any member of said Committee who is a member of the executive branch of government or the judicial branch of govern ment, such member shall receive said compensation, per diem, expenses and allowances from the funds from which he is otherwise compensated. The remaining members of the Committee shall receive said compen sation, per diem, expenses and allowances from the funds appropriated to or available to the legislative branch of government. The funds for compensation of the personnel and the furnishing of necessary supplies, postage, telephone service and other expenses of the Committee shall be paid from the funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its find ings and recommendations on or before December 1, 1965, on which date the Committee shall stand abolished and shall cease to exist.
The following Resolutions of the House were read and adopted:
HR 171. By Messrs. Overby and Williams of Hall, Kelly of Jasper, and others: A RESOLUTION
Commending Honorable Tommy Aaron; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, Honorable Tommy Aaron was born in Toccoa, Step hens County, Georgia, and was reared and lived many years in Gainesville, Hall County, Georgia; and
WHEREAS, he will celebrate his twenty-eighth birthday on Februray 22, 1965; and
WHEREAS, he received his formal education at the University of Florida where he was named an All-American College Golfer in 1959; and
WHEREAS, Tommy has for many years been an outstanding golfer, having won the State championship while in high school, and fifteen championships during his amateur career; and
WHEREAS, he is the only golfer in the history of the State to win both the Georgia Open championship and the Georgia Amateur cham pionship in the same year on two occasions; and
WHEREAS, he was a United States amateur finalist in 1958 and represented the United States in the Walker Cup teams in international competition in 1959 and 1960; and
WHEREAS, Tommy is currently competeing in his fifth year as a professional golfer; and
WHEREAS, he has tied for first place in two major tournaments and has finished in the winning bracket in a number of other tourna ments; and
WHEREAS, in his many radio, television and public appearances, he has been an ambassador of good will for the City of Gainesville and the State of Georgia and almost on every occasion mentions or reminisces his home town; and
WHEREAS, Tommy Aaron as a citizen of this great State, as a championship sportsman and as an individual has always been an out standing example of the achievements possible in this great Nation and an inspiration to those who admire great sportsmanship and gentlemanly conduct.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Tommy Aaron, a distinguished Georgia citizen and an outstanding sportsman, for his many achievements and extend to him their every wish for a continued successful career.
BE IT FURTHER RESOLVED that this body does hereby extend its heartfelt appreciation to Honorable Tommy Aaron for the splendid recognition he has given the City of Gainesville and the State of Georgia.
TUESDAY, FEBRUARY 16, 1965
563
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution with the Seal of the House of Repre sentatives affixed thereto to Honorable Tommy Aaron.
HR 172. By Messrs. Barber of Jackson and Harris of DeKalb:
A RESOLUTION
Commending Mrs. J. J. Stephenson, Jr.; and for other purposes.
WHEREAS, Mrs. J. J. Stephenson, Jr., Informational Assistant for the Safety Education Division of the Georgia State Patrol, has been awarded a citation for outstanding service by the Youth Division of the National Safety Council for the outstanding contributions which she has made in the field of traffic safety; and
WHEREAS, Mrs. Stephenson has labored for many long and arduous hours in her devotion to her duties in connection with inform ing the youth of this state of the need for traffic safety practices; and
WHEREAS, it is only befitting and proper that this outstanding achievement by Mrs. J. J. Stephenson, Jr., be recognized by this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Mrs. J. J. Stephenson, Jr., is hereby com mended for the outstanding manner in which she has performed her duties in connection with the Safety Education Division of the Georgia State Patrol.
BE IT FURTHER RESOLVED that the Clerk of the House is au thorized and instructed to transmit an appropriate copy of this Resolu tion to Mrs. Stephenson.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 173. By Mr. Busbee of Dougherty:
A RESOLUTION
Creating a study committee on the advisability of establishing a statewide plumbing and electrical code; and for other purposes.
WHEREAS, at the present time there are various county and municipal plumbing and electrical codes; and
564
JOURNAL OF THE HOUSE,
WHEREAS, because of the number of such codes, there are no uniform or coordinated provisions of law governing the installation of plumbing and electrical facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of such members of the House as the Speaker shall appoint thereto, who shall be authorized to study the advisability of establishing a statewide electrical and plumbing code. The committee is further authorized to study the advisability of establishing an examining board for plumbers and electricians. The committee shall make its report to the 1966 Session of the General Assembly at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
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 123-192. By Mr. Rush of Tattnall:
A Resolution designating the J. Cliff Kennedy-Rev. Reid B. Purcell 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 Acree Alien Arnsdorff Beck Bedgood Black Blair Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson
Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe
Dailey Davis DeVane Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Grahl Griffin Griffis
TUESDAY, FEBRUARY 16, 1965
565
Hale Harrington Harris, J. F. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lambert Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin
Mauney McClelland McDaniell McKemie McRae Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy Nesmith, J. D. Nessmith, P. Newton, A. S. Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Watson White
Those not voting were Messrs.:
Anderson Bagby Balkcom Ballard Barber Blalock Bolton Brinkley Brooks, Geo. B. Bynum Caldwell Clark, J. T. Conner Dean DeLoach Dickinson Dixon Dorminy
Doster Etheridge Flynt Gary Hall Harrell Harris, J. R. Harris, R. W. Irvin Johnson, B. Jones, F. C. Kelly Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Leonard Matthews, D. R.
McCracken Melton Milhollin Mitchell Moate Moses Newton, D. L. Odom Otwell Pickard Rainey Reid Rhodes Ross Shuman Simmons Smith, G. L. II Smith, J. R.
566
Smith, V. T. Spikes Sweat Tucker, J. B. Vaughan, C. R.
JOURNAL OF THE HOUSE,
Ware Wells Wiggins Williams, G. J. Williams, W. M.
Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 136, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 124-192. By Mr. Rush of Tattnall:
A Resolution to compensate 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.
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 Balkcom Barber Beck Black Blair Bowen, J. O. Branch Brantley Brinkley Brown, M. P. Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, J. F. Collins, M. Colwell Conger
Crowe Dailey Davis Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Fulford Grahl Griffin Griffis Hale Harrington Harris, J. F. Henderson Holder Houston
Howell Hudgins Hull Hutchinson
Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney
TUESDAY, FEBRUARY 16, 1965
567
McClelland McKemie McRae Merritt Minge Mixon Murphy Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Reaves Reid Richardson Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr.
Smith, J. R. Snow Spillers Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Walker Watkins Watson Wells White Williams, G. J.
Those not voting were Messrs.:
Bagby Ballard Bedgood Blalock Bolton Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Chandler Conner Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Etheridge Farrar Flynt Gary Hall Harrell Harris, J. R.
Harris, R. W. Herndon Irvin Jones, F. C. Jones, M. Kelly Knight, D. W. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lovett Matthews, C. McCracken McDaniell Melton Milhollin Mitchell Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Pickard Potts Rainey Rhodes Roberts Ross Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Stalnaker Sweat Underwood Vaughn, C. R. Vaughan, D. N. Ware Wiggins Williams, W. M. Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
568
JOURNAL OF THE HOUSE,
HB 257. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act creating a retirement system for State employees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circum stances, and for other purposes.
The following amendment was read and adopted:
Mr. Milhollin of Coffee moves to amend HB 257 by striking in Section 1, Line 3 of Section ISA the words and figures "Twenty five (25)" and inserting in lieu thereof the words and figures "Twenty (20".
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 Balkcom Ballard Barber Beck Black Blair Bowen, J. O. Brackin Branch Brantley Brook, Geo. B. Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Colwell Conger Crowe Dailey Davis Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Fulford Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jessup
Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon
TUESDAY, FEBRUARY 16, 1965
569
Moate Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss
Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R.
Snow Spikes Spillers Stalnaker
Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Watkins Watson White Williams, G. J.
Those not voting were Messrs.:
Bagby Bedgood Blalock Bolton Bowen, R. L. Brinkley Brooks, Wilson Brown, Gene Chandler Conner Dean DeLoach DeVane Dickinson Dorminy Doster Parrar Plynt Gary Hale Hall Harrell
Harris Herndon Hull Jones, C. M. Jones, F. C. Jordan, W. H. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lovett Luke Matthews, C. McCracken Melton Minge Moore, J. H. Moses NeSmith, J. D. Odom Pafford Rainey
Reaves Rhodes Ross Shuman Simmons Simpson Smith, G. L. II Smith, V. T. Strickland Vaughn, C. R. Vaughan, D. N. Walker Ware Wells Wiggins Williams, W. M. Wilson Woodward Wright 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.
570
JOURNAL OF THE HOUSE,
HR 143-247. By Messrs. Etheridge and Brooks of Pulton:
A Resolution authorizing the transfer of certain real property located in Fulton 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 Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Bowen, J. O. Bowen, R. L. Brackin Brantley Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeLoach DeVane Dixon
Dollar Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Fulford Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill)
Lewis, E. B. Lewis, P. B. Lovett Maddox Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Mitchell Moate Moore, J. H. Murphy Nessmith, P. Oglesby Otwell Overby Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Ross
TUESDAY, FEBRUARY 16, 1965
571
Rush Russell Savage
Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr.
Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas
Thomason Tidwell Tucker, J. B. Vaughan, D. N. Walker Watkins Watson Wells White Williams, W. M. Wright
Those not voting were Messrs.:
Ballard Blalock Bolton Branch Brinkley Brooks, Geo. B. Brown, Gene Chandler Conner Dickinson Dorminy Doster Farrar Flynt Gary Hale Hall Harris, R. W. Jessup
Laite Lambert Lane Leonard Looper Lowrey Luke Matthews, D. R. McCracken Melton Milhollin Minge Mixon Moore, Don C. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom
Pafford Peterson Rainey Reaves Rhodes Rowland Shuman Simmons Smith, V. T. Strickland Tucker, Ray M. Underwood Vaughn, C. R. Ware Wiggins Williams, G. J. Wilson Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 110-139. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A Resolution authorizing the conveyance of a tract of state-owned property located in Sumter County, and for other purposes.
The following Committee substitute was read and adopted: A RESOLUTION
Authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes.
572
JOURNAL OF THE HOUSE,
WHEREAS, the State Highway Department had previously con demned a tract of land adjacent to the right-of-way of State Highway No. 27, located in the City of Americus in Sumter County, Georgia; and
WHEREAS, said State Route No. 27 has been relocated and the old right-of-way abandoned; and
WHEREAS, an acute drainage problem has arisen on this old abandoned right-of-way; and
WHEREAS, the Housing Authority of the City of Americus desires to obtain this land; and
WHEREAS, the Highway Department no longer has any need for said property and does not desire to retain said property, but said property cannot be conveyed to the Housing Authority until the High way Department corrects this drainage problem and receives approval of such project from the Bureau of Public Roads of the United States Department of Commerce; and
WHEREAS, after said time the tract of land will no longer be of any use to the Highway Department or to the State of Georgia and will be surplus property; and
WHEREAS, the tract of land desired by the Housing Authority of the City of Americus is described as follows:
"Beginning at a point on the east side of North Prince Street, forty (40) feet from the center line of the proposed new Prince Street, said point being 338.30 feet south of an iron pin located on the south side of the right-of-way of the west boundary of Georgia Route 27 (U. S. 280), and running thence north 76 degrees 21 minutes east 139.26 feet; thence north 60 degrees 47 minutes east 178.02 feet; thence south 0 degrees 18 minutes east 158.78 feet to the right-of-way of the east bound section of State Route 27 (U. S. 280), said point being 40 feet from the center line of said east bound section. Thence north 85 degrees 33 minutes west 290 feet, more or less, to the east right-of-way line of North Prince Street; thence north 2 degrees 17 minutes west 20 feet, more or less, to the point of beginning.";
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that after the Highway Department has corrected the drainage problem and subject to the approval of the Bureau of Public Roads of the United States Department of Commerce, the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the above described tract of land to the Housing Authority of the City of Americus for the consideration of $10.00 and the benefits flowing to the State of Georgia therefrom.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
TUESDAY, FEBRUARY 16, 1965
573
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 Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Bowen, J. 0. Bowen, R. L. Brackin Brantley Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Conner Crowe Dailey Davis DeLoach DeVane Dixon Dollar Dorminy Dunean, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Fulford
Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mitchell Moate Murphy NeSmith, J. D.
Newton, D. L.
Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M.
574
Underwood Vaughan, D. N. Walker
JOURNAL OP THE HOUSE,
Watkins Watson Wells
White Woodward Wright
Those not voting were Messrs.:
Ballard Blalock Bolton Branch Brinkley Brooks, Geo. B. Brown, Gene Dean Dickinson Doster Dunwody Flynt Gary Hale Hall Harris, R. W. Johnson, B.
Jones, F. C. Laite Lambert Lane Leonard Looper Lowrey Luke McCracken Melton Minge Mixon Moore, Don C. Moore, J. H. Moses Nessmith, P. Newton, A. S.
Odom Pafford Rainey Reaves Rhodes Rowland Shuman Simmons Smith, V. T. Tucker, J. B. Vaughn, C. R. Ware Wiggins Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the adoption of the resolution, by substitute, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, adopted, by substitute.
HB 224. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the court-house where materials incidental to the clerk's duties may be stored, and for other purposes.
The following amendment was read and adopted:
Mr. Shea of Chatham moves to amend HB 224 by striking from Sub-Section 1 the words "not more than five miles therefrom" and inserting in lieu thereof the following "within the county,".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
TUESDAY, FEBRUARY 16, 1965
575
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 Balkcom Ballard Barber Beck Bedgood Black Blair Bowen, J. 0. Bowen, R. L. Brackin Brooks, Wilson Brown, Gene Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dixon Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Fulford Gary Grahl Griffin Griffis Hale Harrell
Harrington Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McKemie McRae Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Oglesby Otwell Overby Pafford Page
Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Roper Ross Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Watson Wells Williams, W. M. Woodward Wright
576
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Bagby Blalock Bolton Branch Brantley Brinkley Brooks, Geo. B. Brown, M. P. Carr Conger Conner Dean Dickinson Dollar Doster Farrar Flynt Hall Harris, J. F.
Harris, J. R. Johnson, B. Jones, F. C. Jones, M. Lane Lee, G. B. Leonard Lewis, E. B. Lovett Maddox Matthews, D. R. McCracken Melton Merritt Milhollin Moses Nessmith, P. Newton, A. S. Newton, D. L.
Odom Peterson Pickard Rhodes Rogers, Jimmie Rowland Shuman Smith, V. T. Steis Story Underwood Vaughan, D. N. Ware Watkins White Wiggins Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 106-135. By Mr. Smith of Telfair: A Resolution authorizing the conveyance of a certain tract of state owned property located in Telfair 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 Alien Anderson Arnsdorff Bagby
Balkcom Ballard Barber Beck Bedgood Black
Blair Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene
TUESDAY, FEBRUARY 16, 1965
577
Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. R. Henderson Holder Houston Howell Hudgins Hull
Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McClelland McKemie McRae Melton Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Oglesby Otwell Page Paris Parker Perry
Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Eeaves Reid Richardson Rodgers, H. B. Rogers, Jimmie Ross Rush Russell Savage Sewell Shea Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Spillers Stalnaker Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Ware Watkins Watson Wells White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Blalock Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P.
Dailey Dickinson Doster Dunwody Flynt Hall Harris, J. F.
Harris, R. W. Herndon Jones, F. C. Kelly Lane Lee, G. B. Leonard
578
JOURNAL OF THE HOUSE,
Lovett Luke Matthews, D. R. McCracken McDaniell Merritt Mitchell Moses Nessmith, P. Newton, D. L. Odom Overby
Pafford Pickard Rainey Rhodes Roberts Roper Rowland Shuman Simkins Simmons Singer Smith, J. R.
Smith, V. T. Snow Steis Story Underwood Vaughn, C. R. Wiggins Williams, W. M. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 13. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value, and for other purposes.
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.:
Arnsdorff Barber Blair Brinkley Brooks, Wilson Brown, M. P. Busbee Bynum Carr Clarke, H. G. Collins, M. Crowe Davis Dunwody
Etheridge Evans Gary Griffis Harrell Henderson Houston Howell Irvin Jones, M. Jordan, W. H. Knight, W. D. Laite Lee, W. J. (Bill)
Matthews, D. R. Mauldin McClelland McKemie Minge Moore, Don C. Newton, A. S. Newton, D. L. Oglesby Paris Poss Richardson Rodgers, H. B. Sewell
TUESDAY, FEBRUARY 16, 1965
579
Shea Simmons Smith, Chas. C. Smith, E. B., Jr.
Smith, G. L. II Steis Tucker, Ray M. Vaughn, C. R.
Vaughan, D.N. Walker Woodward
Those voting in the negative were Messrs.:
Abney Anderson Bagby Balkcom Beck Black Bowen, R. L. Brackin Brantley Brown, Gene Byrd Caldwell Clark, J. T. Coker, G., Dr. Collins, J. F. Dailey DeVane Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Farrar Floyd Fulford Grahl Griffin Harrington
Harris, J. R. Herndon Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, Ben C. Knight, D. W. Lane Lee, F. S. Lee, G. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Mauney McDaniell McRae Mitchell Mixon Moate Moore, J. H. Murphy
Otwell Page Perry Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reid Rhodes Rogers, Jimmie Roper Rush Russell Savage Simkins Shnpson Smith, A. B. Stalnaker Story Sweat Tabb Thomas Tidwell Underwood Watson White Williams, G. J.
Those not voting were Messrs.:
Acree Alien Ballard Bedgood Blalock Bolton Bowen, J. O. Branch Brooks, Geo. B. Chandler Coker, R. Colwell Conger Conner
Dean DeLoach Dickinson Doster Flynt Hale Hall Harris, J. F. Harris, R. W. Holder Jones, F. C. Jones, G. Paul Kelly Lambert
Leonard Lewis, E. B. Lovett Matthews, C. McCracken Melton Merritt Milhollin Moses NeSmith, J. D. Nessmith, P. Odom Overby Pafford
580
Parker Peterson Rainey Reaves Roberts Ross Rowland Shuman Singer
JOURNAL OF THE HOUSE,
Smith, J. R. Smith, V. T. Snow Spikes Spillers Strickland Thomason Tucker, J. B. Ware
Watkins Wells Wiggins Williams, W. M. Wilson Wright Mr. Speaker
On the passage of the Bill, the ayes were 53, nays 84.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Richardson of Chatham served notice that at the proper time he would ask that the House reconsider its action in failing to give the requisite con stitutional to HB 13.
HB 216. By Messrs. Matthews and Bedgood of Clarke, and Rainey of Crisp.
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 operate citizens' band radio stations, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 216 as follows:
By adding in Section 1 between the word "inscribed" and the word "the" the following: "the number designating the county according to population followed by".
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 Anderson Arnsdorff Bagby Balkcom
Ballard Barber Bedgood Black Blair
Bowen, J. O. Bowen, R. L. Branch Brinkley Brown, Gene
Brown, M. P. Busbee Bynum Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Davis Dean Dixon Dollar Duncan, A. C. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. R. Henderson Herndon Houston Hudgins Hull Hutchinson
TUESDAY, FEBRUARY 16, 1965
581
Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McKemie McRae Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Otwell Page Paris Perry Peterson Phillips, G. S. Phillips, L. L.
Poss Potts Reid Rhodes Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Smith, A. B. Smith, E. B., Jr. Smith, G. L., II Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watson Wells Woodward Wright
Those voting in the negative were Messrs.:
Coker, G., Dr. DeLoach Dorminy Duncan, V. W.
Jordan, Ben C. Lane Luke McDaniell
Oglesby Pope Simkins Williams
Those not voting were Messrs.:
Acree Alien Beck Blalock Bolton Brackin
Brantley Brooks, Geo. R. Brooks, Wilson Carr Chandler Colwell
DeVane Dickinson Doster Evans Flynt Hale
582
Hall Harris, J. F. Harris, R. W. Holder Howell Jessup Jones, C. M. Jones, F. C. Knight, D. W. Lambert Leonard Lewis, E. B. Looper Lovett Lowrey Maddox
JOURNAL OF THE HOUSE,
McCracken Melton Merritt Milhollin Moses NeSmith, J. D. Nessmith, P. Odoni Overby Pafford Parker Pickard Rainey Reaves Rodgers, H. B. Rogers, Jimmie
Rowland Shuman Simmons Simpson Singer Smith, Chas. C. Smith, J. R. Smith, V. T. Strickland Vaughn, D. N. Watkins White Wiggins Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 126, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the General Order of Business, the following Bills of the House were again taken up for consideration:
HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure, in civil and criminal cases, and for other purposes.
The following amendments were read and adopted:
Mr. Murphy of Haralson moves to amend HB 167 as follows: By adding at the end of Section three (3) of said Bill the following:
"Provided, however, that said motions must be sufficiently definite to inform the opposite party of the contention of the movant."
*
Mr. Murphty of Haralson moves to amend HB 167 as follows:
By striking the words and figures "January 1, 1966" and inserting in lieu thereof the words and figures "August 1, 1965."
TUESDAY, FEBRUARY 16, 1965
583
Mr. Jones of Muscogee and Mr. Murphy of Haralson move to amend HB 167 by striking Section 17, and by substituting in lieu thereof as follows:
Section 17. (a) Except as otherwise provided in this section; in civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury, and objections need not be made with the particularity of assignments of error (abolished by this Act) and need only be as reasonably definite as the circumstances will permit.
(b) In all civil cases, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law as set forth therein. Copies of requests shall be given to opposing counsel for their consideration prior to the charge of the court. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury, but shall instruct the jury after the arguments are completed. If the court declines to give in charge any written request presented hereunder, the court shall cause it to be filed with the clerk as a part of the record.
(c) Notwithstanding any other provision of this section, the appellate courts shall consider and review erroneous charges where there has been a substantial error in the charge which was harm ful as a matter of law, regardless of whether objection was made hereunder or not.
Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes move to amend HB 167 as follows:
By striking the word "designation" in the 21st line of Section 12 and substituting in lieu thereof the word "pagination".
By striking Section 16(b), which declares, "The filing with the Clerk of a judgment, signed by the judge, constitutes the entry of such judgment."
By adding a new Section to be known as Section 18B, as follows:
"Section 18B. The filing with the Clerk of a judgment, signed by the judge, constitutes the entry of such judgment, within the meaning of this Act."
By adding a new subparagraph to Section 21 as follows:
"(t) Code Section 81-1101, relating to requests to charge."
584
JOURNAL OF THE HOUSE,
By adding at the end of Section 10(i) the following:
"Before being transmitted to the Appellate Court, the stipula tion shall be approved by the trial judge or the presiding judge of the court where the case is pending."
By adding after Section 11 a new Section to be known as Section 11A, to read as follows:
"HA. Upon filing of a notice of appeal or cross appeal, it shall be the duty of the Clerk of Court to notify the trial judge or presiding judge of that fact unless the certificate of service at tached to the notice discloses that copy of the notice was previously sent or otherwise delivered to such judge. The judge may, at any time prior to transmission of the record to the appellate court, by order set the matter down for hearing after notice to all parties. At such hearing, the court may require that corrections or additions to the record be made, and inquire in to the errors to be urged upon appeal, and if found to be meritorious, may grant a new trial or take such other action as may be necessary or appropriate to correct the errors and avoid the time and expense of an appeal; provided, however, on appeal the appellant or cross appellant, as the case may be, shall not be limited to the errors presented to or considered by the lower court as hereunder provided. For purposes of this section, the law of the case rule shall not apply. In any case where the provisions of this section are invoked, the notice of appeal or cross appeal shall be held in abeyance pending final determina tion of the matter by the lower court, and either party may file notice of appeal within thirty (30) days after entry of final judg ment by the Court under this section."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair
Bolton Brinkley Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis DeVane
TUESDAY, FEBRUARY 16, 1965
585
Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lee, F. S.
Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Phillips, G. S. Phillips, L. L. Poss
Potts Rainey Reaves Reid Richardson Roberts Roper Ross Rowland Rush Russell Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spillers Steis Story Strickland Tabb Thomas Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Watkins Watson Wells Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Brown, Gene DeLoach Doster
Evans Grahl Peterson
Savage Smith, Chas. C.
Those not voting were Messrs:
Alien Anderson Blalock Bowen, J. O. Bowen, R. L. Brackin
Branch Brantley Brooks, Geo. B. Busbee Dean Flynt
Hall Hudgins Hutchinson Irvin Jones, F. C. Knight, D. W.
586
Lambert Lane Leonard Lovett McCracken McRae Moses NeSmith, J. D. Nessmith, P. Odom Perry
JOURNAL OF THE HOUSE,
Pickard Pope Rhodes Rodgers, H. B. Rogers, Jinimie Shuman Smith, V. T. Spikes Stalnaker Sweat Thomason
Tidwell Underwood Vaughan, D. N. Ware White Wigging Wilson Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 147, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Hull of Richmond asked unanimous consent that HB 167 be immediately transmitted to the Senate.
The consent was granted and HB 167 was ordered immediately transmitted to the Senate.
Messrs. Lambert of Morgan and Busbee 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 167.
HB 166. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize pretrial and trial procedures in civil cases in the superior courts and constitutional city courts, and for other purposes.
Mr. Hull of Richmond asked unanimous consent that HB 166 be recommitted to the Committee on Judiciary for further study.
The consent was granted and HB 166 was recommitted to the Committee on Judiciary.
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
TUESDAY, FEBRUARY 16, 1965
587
HB 48. By Messrs. Etheridge of Pulton, Ware of Troup 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 provide for additional exemptions from the taxes imposed by said Act, 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 "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide for addi tional exemptions from the taxes imposed by said Act; to clarify the intention of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding to Section 3 (c) 2 the follow ing subparagraphs to be designated subparagraphs (p) and (q) to read as follows:
"(p) Property manufactured or assembled in this State for export where delivery is taken outside this State. Aircraft, watercraft, motor vehicles and other transportation equipment manufactured or assembled in this State if sold by the manufacturer or assembler for use exclusively outside this State and if possession is taken from the manufacturer or assembler by the purchaser within this State for the sole purpose of removing the same from this State under its own power when it does not lend itself more reasonably to removal by other means.
"(q) Aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used prin cipally to cross the borders of the State of Georgia in the service of transporting passengers or cargo by common carriers in interstate or foreign commerce under authority granted by the Federal Government. Replacement parts installed by such carriers in such aircraft, watercraft, railroad locomotives and rolling stock and motor vehicles which become an integral part thereof. In lieu of any tax under this Act which would apply to the purchase, sale, use, storage or consumption of the aforesaid tangible personal property except for this exemption, the tax under this Act shall apply with respect to all fuel purchased and delivered within this State by or to the aforesaid common carriers and all fuel purchased outside this State and stored in this State irrespective, in either case, of the place of its subsequent use. Major components and repair parts installed in military craft, vehicles and missiles."
688
JOURNAL OF THE HOUSE,
SECTION 2
Said Act is further amended by striking from Section 4 of the following two paragraphs:
"It is not the intention of this Act to levy a tax upon articles of tangible personal property imported into this State or produced or manufactured in this State for export, the repairing or storage of such property in this State for use in another state, nor is it the intention of this Act to levy a tax on bona fide interstate commerce.
"It is, however, the intention of this Act to levy a tax on the sale
at retail, the use, the consumption, the distribution, and the storage
:
to be used or consumed in this State of tangible personal property after
it has come to rest in this State and has become a part of the mass of
property in this State.",
and inserting in lieu thereof the following paragraph:
"It is the intention of the General Assembly in enacting this Act
to exercise its full and complete power to tax the retail purchase, the
retail sale, the rental, the storage, the use and the consumption of
:
tangible personal property and the services herein described, except
to the extent prohibited by the Constitutions of the United States and
of Georgia and to the extent of specific exemptions provided elsewhere
in this Act."
SECTION 3
The amendment made by Section 2 of this Act is hereby declared to be a clarification of the original intention of the General Assembly rather than a substantive change, and Section 4 of said "Georgia Re tailers' and Consumers' Sales and Use Tax Act" shall be construed for all purposes as though it had always read as so amended.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Ployd of Chattooga offered an amendment which was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
TUESDAY, FEBRUARY 16, 1965
589
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.
Acree Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Flynt Fulford Gary Grahl Griffin
Griffis
Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee,W.J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Melton Merritt Minge Moate
Moore, Don C.
Moore, J. H. NeSmith, J. D. Newton, D. L. Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Simmons Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Steis Story Sweat Tabb Thomas Tidwell Tucker, J. B.
590
Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker
JOURNAL OF THE HOUSE,
Ware Watkins Watson Wells
Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.:
Abney Anderson Brantley DeLoach
Evans Floyd Jones, G. Paul Milhollin
Mixon Murphy Otwell Thomason
Those not voting were Messrs:
Alien Blalock Bowen, R. L. Brackin Branch Conger Dean Dickinson Dollar Hall Howell Jones, F. C.
Knight, D. W. Leonard Lovett McCracken Mitchell Moses Nessmith, P. Newton, A. S. Odom Rhodes Rogers, Jimmie Rowland
Simpson Smith, J. R. Spillers Strickland Underwood White Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 158, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others:
A Bill to be entitled an Act to amend Code Section 24-2727, relating to the fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals, and for other purposes.
Mr. Murphy of Haralson asked unanimous consent that further consideration of HB 169 be postponed until Thursday, February 18, 1965, and the consent was granted.
Further consideration of HB 169 was postponed until Thursday, February 18, 1965.
TUESDAY, FEBRUARY 16, 1965
591
HB 170. By Messrs. Hull of Richmond, Jones of Liberty, Jones of Muscogee, and many others:
A Bill to be entitled an Act to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge pro hac vice presides in the trial of any cases, such judge may issue orders, and herein determine all motions for new trial, motions in arrest of judgment and other motions and subsequent proceedings in the case with the same power and authority that the judge of the circuit might have exercised had he tried the 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger
Conner Crowe Dailey Davis DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Flynt Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull
Hutchinson Irvin Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews Mauldin Mauney McClelland McDaniell McKemie McRae Melton
592
Merritt Milhollin Minge Mixon Moate Moore, Don C. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard
JOURNAL OF THE HOUSE,
Pope Poss Potts Reaves Richardson Roberts Rodgers, H. B. Roper Ross Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Snow Spikes Stalnaker Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Williams, G. J. Williams, W. M. Wright
Thoss not voting were Messrs:
Bagby Bolton Bowen, R. L. Brackin Branch Brantley Chandler Clark, J. T. Dean Dickinson Etheridge Floyd Griffis Hale Hall Harrington
Jessup Jones, F. C. Knight, D. W. Lane Leonard Lovett Matthews, D. R. McCracken Mitchell Moore, J. H. Moses NeSmith, J. D. Nessmith, H. P. Odom Rainey Reid
Rhodes Rogers, Jimmie Rowland Shuman Smith, G. L. II Spillers Steis Tucker, J. B. Underwood Wells White Wiggins Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Mr. Hull of Richmond asked unanimous consent that HB 170 be immediately transmitted to the Senate.
The consent was granted and HB 170 was ordered immediately transmitted to the Senate.
TUESDAY, FEBRUARY 16, 1965
593
HB 271. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend Code Chapter 26-63 relating to obscene pictures and written material, as amended, and for other pur poses.
The Clerk was directed to change the word "of" to "or" in line 9 before the word which and in line 10 before the word which and in line 12 before the word any.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 271 by striking from lines five and six thereof the following "or who shall knowingly sell or exhibit, or who shall knowingly lend or give away or offer to lend or give away,".
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis DeLoach DeVane Dixon Dollar Doster Duncan, A. C.
Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins
594
JOURNAL OF THE HOUSE,
Hull Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McKemie McRae
Merritt Milhollin Mixon Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush Russell Savage Sewell
Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughan Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs. :
Bolton Branch Chandler Clark, J. T. Conner Dean Dickinson Dorminy Etheridge Hall Harrington Knight, D. W. Leonard Lovett
Lowrey McCracken McDaniell Melton Minge Mitchell Moore, J. H. Moses Nessmith, P. Odom Parker Pickard Reaves Rhodes
Rodgers, H. B. Rowland Shuman Smith, G. L. II Smith, V. T. Strickland Tucker, J. B. Underwood Vaughn, C. R. White Wilson Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
TUESDAY, FEBRUARY 16, 1965
595
Under the General Order of business, the following Bill of the House was again taken up for consideration:
HB 5. By Messrs. Snow of Walker, Clarke of Monroe, and others:
A Bill to be entitled an Act to delegate home rule powers to the munici palities of this State under the authority granted the General Assembly by the Constitution of Georgia, and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 5 as follows:
By striking the first sentence from subparagraph (2) of subsection (b) of Section 4 and inserting in lieu thereof the following:
"2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to subsection (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing, in cases of municipalities with a population of five thousand or less, the signa tures of at least twenty-five per centum of the electors registered to vote in the last general municipal election; in cases of municipali ties with a population of more than five thousand but not more than one hundred thousand, at least, twenty per centum of the electors registered to vote in the last general municipal election; and in cases of a municipality with a population of more than one hundred thousand, at least fifteen per centum of the electors regis tered to vote in the last general municipal election; which petition shall specifically set forth the exact language of the proposed amendment to repeal."
By adding after the end of the first sentence of subparagraph (3) of subsection (b) of Section 4, a new sentence to read as follows:
"The clerk of said court shall maintain a record book in which such certified copies and such notices shall be systematically filed."
The Judiciary Committee moves to amend HB 5 as follows:
By striking in its entirety the next to last sentence of Subparagraph 2 of Subsection (b) of Section 4 and inserting in lieu thereof the follow ing:
"Provided, however, that the method of amending a municipal charter or repealing an amendment to a municipal charter provided for in this paragraph shall not be utilized more often than once in any calendar year."
596
JOURNAL OP THE HOUSE,
Mr. Laite of Bibb offered an amendment which was read and lost.
The following amendment was read:
Mr. Story of Gwinnett moves to amend HB 5 as follows:
By adding at the end of line 28, page 3, paragraph #2, Section 4 following the word "repeal", the following phrase:
"and the total number cast is 51% or more of the registered voters registered within the governing authority" so that when so amended the sentence shall read as follows: "If more than one half of the votes cast on such question are for approval of the amend ment or repeal and the total number cast is 51% or more of the registered voters registered within the governing authority it shall become in full force and effect, otherwise, it shall be void and of no force and effect."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Arnsdorff Bagby
Barber Beck
Bedgood Blalock Brown, Gene Brown, M. P. Bynum Byrd
Caldwell Carr Clark, J. T. Clarke, H. G.
Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Dorminy Dunwody Grahl Griffin Harrington Harris, J. F. Harris, R. W.
Henderson Herndon Holder Houston Hutchinson Irvin Jessup Jones, G. Paul Kelly Laite Lane Lee, F. S. Lee, G. B. Looper Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland Mixon Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Overby Pafford
Phillips, L. L. Pope Poss Potts Reid Rhodes Roberts Rogers, Jimmie Roper Rush
Savage Simpson Smith, A. B. Smith, E. B., Jr. Spillers Story Sweat Tabb Tucker, Ray M. Vaughan, D. N. Watson Wells White Wiggins Williams, G. J. Williams, W. M.
TUESDAY, FEBRUARY 16, 1965
597
Those voting in the negative were Messrs.:
Abney Anderson Balkcom Black Blair Bowen, R. L. Brinkley Brooks, Wilson Dailey Davis DeLoach Dixon Duncan, A. C. Duncan, V. W. Farrar Floyd Fulford Gary Griffis
Harrell Harris, J. R. Howell Hull Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, W. J. (Bill) Lowrey Luke McDaniell McKemie McRae Milhollin Minge
Moore, J. H. Oglesby Paris Phillips, G. S. Rainey Richardson Ross Sewell Shea Shuman Simkins Singer Snow Steis Tidwell Tucker, J. B. Vaughn, C. R. Wright
Those not voting were Messrs.:
Ballard Bolton Bowen, J. 0. Brackin Branch Brantley Brooks, Geo. B. Busbee Chandler Coker, R. Conger Conner Dean DeVane Dickinson Dollar Doster Etheridge Evans Flynt Hale Hall
Hudgins Jones, F. C. Knight, D. W. Lambert Leonard Lewis, E. B. Lewis, P. B. Lovett Maddox McCracken Melton Merritt Mitchell Moate Moses NeSmith, J. D. Odom Otwell Page Parker Perry Peterson
Pickard Reaves Rodgers, H. B. Rowland Russell Simmons Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stalnaker Strickland Thomas Thomason Underwood Walker Ware Watkins Wilson Woodward Mr. Speaker
On the adoption of the amendment, the ayes were 82, nays 56.
The amendment was adopted.
598
JOURNAL OF THE HOUSE,
Mr. Barber of Jackson offered an amendment which was read and lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody
Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Perry Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Richardson Rogers, Jimmie Ross Rush Russell Savage Sewell Shea
TUESDAY, FEBRUARY 16, 1965
599
Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers
Stalnaker Steis Story Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Vaughn, C. R.
Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Acree Bowen, R. L.
Kelly
Roper
Those not voting were Messrs.:
Alien Bolton Bowen, J. 0. Branch Caldwell Chandler Conger Conner Dean Dickinson Dollar Etheridge Hale Hall Jones, F. C. Jordan, Ben C.
Knight, D. W. Lambert Leonard Lovett McCracken Melton Minge Mitchell Moses Nessmith, P. Odom Parker Peterson Pickard Rainey Rhodes
Roberts Rodgers, H. B. Rowland Simmons Smith, Chas. C. Smith, G. L. II Spikes Strickland Tidwell Underwood Ware White Wilson Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Dean of Polk 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 5.
Mr. Odom of Dougherty stated that he had been out of the House on official business and would like to be recorded as voting "Aye" on the following Bills and Resolutions of the House: HR 123-192, HR 124-192, HB 257, HR 143-247,
600
JOURNAL OF THE HOUSE,
HR 110-139, HB 224, HR 106-135, HB 13, HB 216, HB 170, HB 271, and HB 5.
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION The Speaker called the House to order at 2:00 p.m.
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 80. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warranties to any person handling or using said personal property and the ultimate consumer, unless the contrary is expressly provided, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To provide that the manufacturer of any new personal property, for sale to the general public by the manufacturer or through some other person, shall be deemed to impart certain implied warranties to persons who handle or use said manufactured property and to the ultimate consumer, unless the contrary is expressly pro vided; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The manufacturer of any new personal property for sale to the general public, either directly or through wholesale or retail dealers, or any other person, shall warrant the following to any person who shall handle or use said manufactured personal property and to the ultimate consumer, providing there is no express covenant of warranty and no agreement to the contrary, the following:
(1) The article sold is merchantable and reasonably suited to the use intended.
(2) The manufacturer knows of no latent defects undisclosed.
TUESDAY, FEBRUARY 16, 1965
601
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 Balkcom Ballard Barber Beck Black Blalock Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis Dean DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, G. B.
Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Luke
Maddox Marshall Matthews, D. R. Mauney McClelland McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otweil Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pope Poss Potts Reid Rhodes Richardson Roberts Rodgers, H. B.
602
Boss Rush Russell Savage Sewell Shea Simkins Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T.
JOURNAL OF THE HOUSE,
Snow Spillers Stalnaker Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative was Mr. Blair.
Those not voting were Messrs.:
Acree Bagby Bedgood Bolton Bowen, J. 0. Bowen, R. L. Branch Brantley Brooks, Geo. B. Caldwell Chandler Conger Conner Dailey Deloach Dickinson Dollar Etheridge Hale Hall Harrell
Irvin Jones, F. C. Jones, M. Jordan, W. H. Knight, D. W. Lambert Lane Leonard Lowrey Matthews, C. Mauldin McCracken Minge Mitchell Moate Murphy Nessmith, P. Phillips, L. L. Pickard Rainey Reaves
Rogers, Jimmie Roper Rowland Shuman Simmons Singer Smith, A. B. Smith, Chas C. Smith, G. L. II Spikes Steis Strickland Walker Ware Wells White Wiggins Wilson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Blair of Sumter stated that he inadvertently voted Nay and would like to be recorded as voting "Aye".
TUESDAY, FEBRUARY 16, 1965
603
HB 84. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to exempt semi trailers with a gross weight of 2500 pounds or less from being equipped with brakes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act known as the "Uniform Act Regulating Traffic on High ways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by striking from Paragraph 3 of Subsection (a) of Section 115 the figure "1500" and inserting in lieu thereof the figure "2500", and by adding after the words "any semi trailer" and before the words "of less than", the words "or boat trailer", so that when so amended, Paragraph 3 of Subsection (a) of Section 115 shall read as follows:
"3. Every new motor vehicle, trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi trailer or boat trailer of less than 2500 pounds gross weight need not be equipped with brakes."
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. Milhollin of Coffee moves to amend Committee substitute to HB 84 by adding to the end of Section 3 thereof the following:
"Any two or four wheel farm trailer, pulled from a tongue, used in or operated for farm purposes, shall not be required to have an independent braking system thereon."
604
JOURNAL OF THE HOUSE,
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 Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Dailey Davis Deloach DeVane Dixon Dorminy Doster Duncan, A, C. Duncan, V. W.
Dunwody Etheridge Evans Farrar Flynt Fulford Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, G .B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke
Maddox Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reaves Reid Richardson Roberts Rodgers, H. B. Roper Ross
TUESDAY, FEBRUARY 16, 1965
605
Rowland Russell Savage Sewell Shea Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow
Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negative was Mr. J. F. Collins
Those not voting were Messrs.:
Bedgood Bolton Branch Brooks, Geo. B. Caldwell Clarke, H. G. Conger Conner Dean Dickinson Dollar Floyd Griffin Hale Hall
Houston Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lambert Lowrey Matthews, D. R. McCracken Melton Minge Moate Murphy Nessmith, P. Poss
Rainey Rhodes Rogers, Jimmie Rush Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Tucker, J. B. Ware White Woodward Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
HR 128-212. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, and many others:
A RESOLUTION
Requesting Congress to call a Convention for the purpose of pro posing an Amendment to the Constitution of the United States; and for other purposes.
606
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that this body respectfully petitions the Congress of the United States to call a Convention for the purpose of proposing an Amendment to Article X of the Amendments to the United States Constitution by adding thereto the following:
"Among the rights reserved to the states shall be the right to sole, and exclusive jurisdiction of public school systems in the separate states, and all rights, privileges and immunities of citi zens of the separate states, as they relate to public school education, shall be determined solely by state courts. This Constitution shall not be construed in a manner to empower the President of the United States, the Congress or the Federal Judiciary to disparage or nullify this inherent right in the states."
BE IT FURTHER RESOLVED that a duly attested copy of this Resolution be immediately transmitted by the Clerk of the House of Representatives to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, to all presiding officers of the Legislatures of the several states, to the Gov ernors of the several states and to each member of the Congress from this State.
The Resolution was adopted.
HR 23-43. By Messrs. Snow of Walker, Johnson of Elbert and others:
A Resolution proposing an amendment to the Constitution so as to pro vide home rule for counties, to provide for the submission of this amendment for ratification or rejection, and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the self-government of coun ties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI of the Constitution is hereby amended by adding at the end thereof a new section and paragraph to be designated Section III, Paragraph I to read as follows:
TUESDAY, FEBRUARY 16, 1965
607
"Section III. Paragraph I. Duty of General Assembly to provide for uniform systems. The General Assembly is authorized to provide by law for the self-government of counties and to that end is here by expressly given the authority to delegate its powers so that matters pertaining to counties upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining
to counties."
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:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the self-government of counties?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, 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 Bagby
Balkcom Barber
Bedgood Black
608
Blalock Bowen, J. 0. Brantley Brinkley Brooks, Wilson Brown, M. P. Bynum Byrd Clarke, H. G. Coker, G., Dr. Collins, M. Crowe Dailey Davis Dean Duncan, V. W. Dunwody Etheridge Evans Parrar Floyd Griffis Harrell
JOURNAL OF THE HOUSE,
Harris, J. R. Herndon Howell Hudgins Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lee, W. J. (Bill) Leonard Luke Matthews, C. McClelland McDaniell McKemie McRae Merritt Mitchell
Moore, Don C. Murphy NeSmith, J. D. Page Paris Phillips, G. S. Pope Richardson Rowland Sewell Shea Simkins Smith, V. T. Snow Spikes Steis Sweat Tabb Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Watkins
Those voting in the negative were Messrs.:
Acree Alien Arnsdorff Ballard Beck Blair Bowen, R. L. Brackin Brown, Gene Chandler Clark, J. T. Collins, J. F. Colwell
DeVane
Dorminy
Doster
Duncan, A. C.
Flynt
Gary
Grahl
Griffin
Harrington
Harris, R .W.
Henderson
Holder
Hutchinson Jessup Knight, D. W. Laite Lambert Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Maddox Marshall
Matthews, D. R.
Mauldin
Mauney
Milhollin
Mixon
Moses
Newton, D. L.
Odom
Otwell
Overby
Pafford
Parker
Peterson Pickard Poss Potts Reid Rhodes Roberts Rodgers, H. B. Roper Ross Savage Smith, A. B. Smith, E. B., Jr.
Smith, J. R.
Spillers
Story
Thomason
Tidwell
Watson
Wells
Wiggins
Williams, G. J.
Williams, W. M.
Woodward
Wright
TUESDAY, FEBRUARY 16, 1965
609
Those not voting were Messrs.:
Anderson Bolton Branch Brooks, Geo. B. Busbee Caldwell Carr Coker, R. Conger
Conner Deloach Dickinson Dixon
Dollar Fulford Hale Hall
Harris, J. F. Houston
Jones, C. M. Jones, F. C. Jordan, W, H. Lane Lowrey McCracken Melton Minge Moate
Moore, J. H. Nessmith, P. Newton, A. S. Oglesby
Perry Phillips, L. L. Rainey Reaves
Rogers, Jimmie Rush
Russell Shuman Simmons Simpson Singer Smith, Chas. C. Smith, G. L. II Stalnaker Strickland
Thomas Underwood Vaughn, C. R. Walker
Ware White Wilson Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 74, nays 75.
The Resolution, having failed to receive the requisite constitutional twothirds majority, was lost.
Mr. Snow of Walker 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 HR 23-43.
HB 261. By Messrs. Story of Gwinnett and Moore of Polk:
A Bill to be entitled an Act to amend an Act entitled "An Act to es tablish a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change certain provisions relative to con tributions and service credit, and for other purposes.
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 Arnsdorff
Balkcom Barber Beck Black
Blair Blalock Bolton Bowen, J. 0.
610
Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell Carr Clark, ,1. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis Dean Deloach DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin
JOURNAL OF THE HOUSE,
Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Phillips, G. S. Phillips, L. L.
Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Singer Smith, Chas. C. Smith, J. R. Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.: Alien and Ballard.
Those not voting were Messrs.:
Bagby Bedgood
Bowen, R. L. Branch
Brantley Brooks, Geo. B.
Brooks, Wilson Byrd Chandler Conger Conner Dailey Dickinson Dollar Etheridge Griffis Hale Hall Harris, R. W. Jones, F. C. Jordan, W. H.
TUESDAY, FEBRUARY 16, 1965
611
Knight, D. W. Lane Leonard Lovett Lowrey McClelland McCracken Minge Mitchell Murphy Nessmith, P. Newton, A. S. Paris Peterson Rogers, Jimmie
Shunian Simp son Smith, A. B. Smith, G. L. II Smith, V. T. Spillers Thomas Thomason Walker Ware White Woodward Mr. Speaker
On tho passage of the Bill, the ayes were 153, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Mr. Moore asked unanimous consent that HB 261 be immediately transmitted to the Senate.
The consent was granted and HB 261 was ordered immediately transmitted to the Senate.
HB 262. By Messrs. Story of Gwinnett and Moore of Polk:
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 change certain provisions on disability and certain benefits, and for other purposes.
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 Arnsdorff
Balkcom Barber Beck
Black Blair Blalock
612
Bolton Bowen, J. O. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Carr Chandler Clarke, H. G. Coker, R. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Davis Dean DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane, W. J. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odoni Otwell Pafford Page Parker
Perry
Peterson
Phillips, G. S.
Phillips, L. L. Pope
Potts Rainey Reaves Reid Rhodes Roberts Rodgers, H. B. Roper Ross Rowland Rush Savage Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins
Williams, G. J.
Williams, W. M.
Wilson
Woodward
Wright
Those not voting were Messrs.:
Alien Anderson Bagby Ballard Bedgood
Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson
Byrd Caldwell Clark, J. T. Conger Conner
Dailey DeLoach Dickinson Dollar Etheridge Flynt Griff is Hale Hall Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Leonard Lewis, P. B.
TUESDAY, FEBRUARY 16, 1965
613
Lovett Lowrey McClelland McCracken Melton Milhollin Minge Mitchell Murphy Nessmith, P. Oglesby Overby Paris Pickard Poss
Richardson Rogers, Jimmie Russell Sewell Shea Shuman Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Tucker, J. B. Ware White Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Tucker of Catoosa 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 262.
Mr. Moore of Polk asked unanimous consent that HB 262 be immediately transmitted to the Senate and the consent was granted.
HB 262 was ordered immediately transmitted to the Senate.
HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, and others:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services, and fo rother purposes.
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 Balkcom Barber
Beck Bedgood Black Blair
614
Blalock Bolton Bowen, J. 0. Bowen, K. L. Bracken Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Da vis Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C.
Dunean, V. W.
Dunwody
Evans
Farrar
Floyd
Flynt
Fulford
Gary
Grahl
Griffin
Harrell
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Henderson
Herndon
Holder
JOURNAL OF THE HOUSE,
Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, G. Paul Jones, M. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Milhollin
Mitchell
Mixon
Moate
Moore, Don C.
Moses
NeSmith, J. D.
Newton, A. S.
Newton, D. L.
Odom
Otwell
Overby
Pafford
Page
Parker
Perry
Peterson
Phillips, G. S.
Phillips, L. L.
Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Savage Sewell Shea Simkins Simmons Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason
Tidwell
Tucker, J. B.
Tucker, Ray M.
Underwood
Vaughn, C. R.
Vaughan, D. N.
Walker
Ware
Watkins
Watson
Wells
White
Williams, G. J.
Williams, W. M.
Wilson
Woodward
Wright
TUESDAY, FEBRUARY 16, 1965
615
Those not voting were Messrs.:
Ballard Branch Brooks, Wilson Bynum Dailey Dickinson Etheridge Griffis Hale Hall Jones, C. M. Jones, F. C. Jordan, Ben C.
Jordan, W. H. Knight, W. D. Lane Leonard Lowrey McClelland McCracken Melton Minge Moore, J. H. jturphy Oglcsbr Nessmith, P.
Paris Pickard Rogers, Jimmie Russell Shuman Simpson Smith, G. L. II Smith, V. T. Story Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Smith of Whitfield 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 34.
HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton:
A Bill to be entitled an Act to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration either case or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer, and for other purposes.
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 Balkcom
Barber Beck Bedgood Black Blair Blalock
Bolton Bowen, J. O. Brackin Brantley Brinkley Brooks, Wilson
61G
JOURNAL OF THE HOUSE,
Brown, Gene Busbee Bynum Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, B. Collins, J. F. Coiling, M. Colwell Conger Crowe Da vis Dean DeLoach DeVane Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr., A. S.
Johnson, B.
Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McKemie
McRae Merritt Milhollin Mitchell Mixon Moore, Don C. Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pickard Pope Poss
Potts Rainey Reid Rhodes Richardson
Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Shea Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Voting1 in the negative was Mr. Simkins.
Those not voting were Messrs.:
Bagby Ballard
Bowen, R. L. Branch
Brooks, Geo. B. Brown, M. P.
Byrd Caldwell Chandler Conner Dailey Dickinsor, Dixon Griffis Hale Hall Jessup Jones, P. C.
TUESDAY, FEBRUARY 16, 1965
617
Jordan, W. H. Knight, D. W. Lowrey Matthews, D. R. McCracken Melton Minge Moate Moore, J. H. Murphy Nessmith, P. Newton, D. L.
Paris Phillips, G. S. Reaves Roberts Rogers, Jimmie Sewell Shuman Smith, G. L. II Story Walker Wilson Mr. Speaker
On the passage of the Bill, the ayes were 161, nays 1.
The Bill, having received the requisite constitutonal majority was passed.
Mr. Ballard of Newton 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 275.
HB 185. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide that the judgment of the court may also be revised upon a change in the wife's financial status or material change in the living conditions of either husband or wife, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 185 as follows:
By adding in Section 1 line 5 after the word "wife" and before the words "or a material change" the words "or both"; and by adding in Section 1 in line 6 and striking the period after the word "wife" and adding thereto the words "or both".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
618
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 Arnsdorff Blair Blalock Brantley
Clarke, H. G. Conner DeLoach Dickinson Duncan, V. W. Dtmwody Evans Farrar Harris, J. F. Harris, J. R. Harris, R. W. Herndon
Houston Hudgins Hull Johnson, B. Jones, M. Jordan, Ben C. Knight, W. D. Leonard Lewis, P. B. Looper Luke Matthews, D. R. McClelland Merritt Mixon Newton, A. S. Pafford Perry
Poss Reid Rhodes Roper Savage Shea Simkins Smith, A. B. Snow Steis Sweat Vaughan, D. N. Walker White Wiggins Wilson
Those voting in the negative were Messrs.:
Anderson Bagby Ballard Barber Black Bowen, J. 0. Brown, M. P. Caldwell Coker, G., Dr. Collins, J. F. Conger
Crowe Davis Dean DeVane Dollar Dorminy Duncan, A. C. Etheridge Floyd Flynt Fulford Gary Grahl Harrell Harrington
Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Kelly Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lovett Maddox Marshall Mauldin Mauney
McRae Milhollin Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D.
Oglesby Otwell Overby Page Peterson Pope Potts Rainey Richardson Russell Smith, Chas, C. Smith, J. R. Spikes Stalnaker Story Tabb Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson Williams, G. J. Williams, W. M. Woodward
TUESDAY, FEBRUARY 16, 1965
619
Those not voting were Messrs.:
Acree Balkcom Beck Bedgood Bolton Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Bynum Byrd Carr Chandler Clark, J. T. Coker, R. Collins, M. Colwell Dailey Dixon Doster Griffin
Griffis Hale Hall Henderson Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Laite Lowrey Matthews, C. McCracken McDaniell McKemie Melton Minge Mitchell Murphy Nessmith Newton, D. L. Odom Paris Parker Phillips, G. S. Phillips, L. L.
Pickard Reaves Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Sewell Shuman Simmons Simpson Singer Smith, L. B., Jr. Smith, G. L. II Smith, V. T. Spillers Strickland Thomas Thomason Tidwell Ware Wells Wright Mr. Speaker
On the passage of the Bill, the ayes were 52, nays 77.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for the ap pointment as Judge Emeritus of certain former judges who are totally disabled, and for other purposes.
Mr. Bolton of Spalding 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.:
Acree Alien Arnsdorff
Bagby Balkcom Ballard
Barber Beck Bedgood
620
Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Caldwell Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Colwell Conger DeLoach DeVane Dollar Doster Duncan, A. C. Dunwody Etheridge Evans Ployd Flynt Fulford Grahl Griffin Harrell Harris, R. W. Henderson Herndon Holder
JOURNAL OF THE HOUSE,
Hudgins Hull Hutchinson Jessup Johnson, B. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McKemie Mixon Moate Moore, Don C. Moses Newton, A. S. Odom Otwell Overby Page Parker Perry Pope
Potts Rainey Richardson Ross Rowland Savage Sewell Shea Simkins Simmons Smith, Chas. C. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tidwell Underwood Vaughn, C. R. Vaughn, D. N. Watkins Watson Wells Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.
Anderson Black Blair Blalock Crowe Gary Jones, G. Paul
Kelly Lee, G. B. Lovett Merritt NeSmith, J. D. Oglesby Pafford
Reid Russell Tucker, J. B. Tucker, Ray M. Wiggins
Those not voting were Messrs.:
Abney Brackin Branch Brantley Brooks, Wilson Brown, Gene Byrd
Carr Chandler Clark, J. T. Collins, M. Conner Dailey Davis
Dean Dickinson Dixon Dorminy Duncan, V. W. Farrar Griffis
TUESDAY, FEBRUARY 16, 1965
621
Hale Hall Harrington Harris, J. F. Harris, J. R. Houston Howell Irvin Johnson, Dr., A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Lowrey McCracken
McDaniell McRae Melton Milhollin Minge Mitchell Moore, J. H. Murphy Nessmith, P. Newton, D. L. Paris Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Reaves Rhodes Roberts Rodgers, H. B.
Rogers, Jimmie Roper Rush Shunian Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Strickland Thomason Walker Ware White Wilson Wright Mr. Speaker
On the motion for the previous question, the ayes were 106, nays 19.
The previous question was ordered.
The following amendment was read and adopted:
Mr. Ross of Lincoln moves to amend HB 144 as follows:
By inserting in Section 2 of said Article the word "State" in the third line of said Section 2 between the words "Any" and "Law".
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
Ballard Barber Beck Bedgood Bolton
Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley
622
Brooks, Geo. B. Brown, M. P. Busbee Bynum Caldwell Coker, R. Colwell Conger Conner Dean DeVane Dickinson Dollar Duncan, A. C. Duncan, V. W. Etheridge Evans Floyd Flynt Grahl Griffin Harrell Harris, J. P. Henderson Herndon Hudgins Hull
JOURNAL OF THE HOUSE,
Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Lee, F. S. Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Mauldin Mauney McDaniell Mixon Moate Moses Newton, A. S. Odom Overby Page Perry Phillips, L. L. Potts
Richardson Roberts Rodgers, H. B. Roper Ross Rowland Savage Simkins Simmons Smith, Chas. C. Smith, J. R. Snow Spillers Steis Story Tabb Thomas Tidwell Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Balkcom Black Blair Blalock Carr Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Crowe Deloach Farrar Fulford Gary Harris, R. W.
Holder Jones, M. Lambert Lee, G. B. Leonard Lovett Matthews, D. R. Merritt Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, D. L. Oglesby Otwell
Pafford Peterson Pope Reid Russell Sewell Shea Singer Smith, A. B. Stalnaker Sweat Tucker, J. B. Tucker, Ray M. Wigging Woodward
Those not voting were Messrs.:
Anderson Branch Brooks, Wilson Brown, Gene
Byrd Chandler Clark, J. T. Dailey
Davis Dixon Dorminy Doster
Dunwody Griffis Hale Hall Harrington Harris, J. R. Houston Howell Irvin Jones, C. M. Jones, P. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane
TUESDAY, FEBRUARY 16, 1965
623
Lee, W. J. (Bill) Lowrey McClelland McCracken McKemie McRae Melton Milhollin Minge Murphy Nessmith, P. Paris Parker Phillips, G. S. Pickard Poss Rainey
Reaves Rhodes Rogers, Jimmie Rush Shuman Simpson Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes Strickland Thomason Walker Ware White Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 96, nays 45.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Ross of Lincoln served notice that at the proper time he would ask that the House reconsider its action in failing to give the requisite constitutional ma
jority to HB 144.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
624
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 17, 1965
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 Rev. Robert Bagett, Pastor, 1st Baptist Church, Newnan, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
Mr. Ross of Lincoln 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 144. By Messrs. Ross of Lincoln, Wright of Wilkes and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for the appoint-
WEDNESDAY, FEBRUARY 17, 1965
625
ment as Judge Emeritus of certain former judges who are totally dis abled; and for other purposes.
The consent was granted and the House has reconsidered.
Mr. Murphy of Haralson asked unanimous consent that the House recon sider its action in failing to give the requisite constitutional majority to the following Resolution of the House:
HR 23-43. By Messrs. Snow of Walker, Johnson of Elbert and others: A Resolution proposing an amendment to the Constitution so as to provide home rule for counties; and for other purposes.
The consent was granted and the House has reconsidered.
Mr. Murphy of Haralson asked unanimous consent that HR 23-43 be recom mitted to the Committee on Judiciary for further study and the consent was granted.
Mr. Richardson of Chatham asked unanimous consent that the House recon sider its action in failing to give the requisite constitutional majority to the fol lowing Bill of the House:
HB 13. By Messrs. Richardson, Shea and Sewell of Chatham: A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a devise or scheme to hazard money or other articles of value; and for other purposes.
The consent was granted and the House has reconsidered.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 351. By Mr. Griffin of Glascock: A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for elections; and for other purposes.
Referred to the Committee on Local Affairs.
626
JOURNAL OP THE HOUSE,
HB 352. By Mr. Griffin of Glascock:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 353. By Messrs. McClelland, Brooks and Etheridge of Pulton:
A Bill to be entitled an Act to abolish the office of Coroner of Fulton County; to create the office of Medical Examiners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 354. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide for the inspection and regulation of the sale of anti-freeze substances and preparations; and for other purposes.
Referred to the Committee on Judiciary.
HR 167-354. By Mr. Griffis of Cook:
A Resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 355. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, Brooks of Pulton and Lambert of Morgan:
A Bill to be entitled an Act to provide that the State Board of Educa tion shall prescribe by rules and regulations that a driver education course shall be included as a part of the curriculum of all public high schools in this state by the 1967-68 school year; and for other purposes.
Referred to the Committee on Education.
HB 356. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver licenses, so as to increase the minimum age required of applicants for an operator's license; and for other purposes.
Referred to the Committee on Motor Vehicles.
WEDNESDAY, FEBRUARY 17, 1965
627
HB 357. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 358. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver licenses, so as to provide for the revoca tion of all learner's, operator's and chauffeur's licenses on the 65th birthday of the licensee and every 5th birthday thereafter; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 359. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide that it shall be the duty of any seller to explain to the buyer the warranties accompanying said sale; and for other purposes.
Referred to the Committee on Judiciary.
HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman:
A Bill to be entitled an Act to amend Code Section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; and for other purposes.
Referred to the Committee on Judiciary.
HB 361. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act providing for the office hours of the Board of Commissioners of Roads and Revenues, the Clerk of the Superior Court, the Tax Commissioner, the Sheriff, and the County School Superintendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes.
Referred to the Committee on Local Affairs.
628
JOURNAL OF THE HOUSE,
HB 362. By Mr. Lee of Pike:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Pike County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 363. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Colquitt County into the Office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 364. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating the City Court of Colquitt County, so as to change the amount of the bond of the Clerk of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 365. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act placing the County Offi cers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 366. By Messrs. Steis, Bagby of Paulding, Houston of Pierce, Bolton of Spalding, Richardson of Chatham, Snow of Walker and others:
A Bill to be entitled an Act to amend Sec. 22-1703 of the Code of Geor gia of 1933, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to in clude in their annual returns the name and address of each director and officer and such other information as the Secretary of State may determine to be in the public interest; and for other purposes.
Referred to the Committee on Judiciary.
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke, Conger of Decatur, Conner of Jeff Davis, Harrell of Fayette and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representa-
WEDNESDAY, FEBRUARY 17, 1965
629
tives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes.
Referred to the Committee on Rules.
HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes.
Referred to the Committee on Local Affairs.
HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc."; and for other purposes.
Referred to the Committee on Local Affairs.
HB 370. By Messrs. Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes.
Referred to the Committee on Local Affairs.
HB 372. By Messrs. Pickard and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
630
JOURNAL OF THE HOUSE,
HR 170-372. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 373. By Mr. Smith of Camden:
A Bill to be entitled an Act to provide a method for discharging exist ing trustees and other persons exercising control over any educational, charitable or religious trust; and for other purposes.
Referred to the Committee on Judiciary.
HB 374. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend Code Section 81-212, relating to the method of service for minors shall be the same for insane persons with certain exceptions; and for other purposes.
Referred to the Committee on Judiciary.
HB 375. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to change the provisions in regard to the use of baskets for the tak ing of rough fish; and for other purposes.
Referred to the Committee on Game and Fish.
HB 376. By Messrs. Rhodes of Baker, Woodward of Butts, Matthews of Colquitt, Mitchell and Smith of Whitfield and Overby of Hall:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the requirements in regard to the opera tion of a motor vehicle by a person holding a valid learner's license; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 377. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes.
Referred to the Committee on Industry.
WEDNESDAY, FEBRUARY 17, 1965
631
HB 378. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, so as to provide that an execution shall be entered or re-entered on the general execution docket on the same date as any entry on said execution or a written notice of public effort is entered; and for other purposes.
Referred to the Committee on Judiciary.
HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to abolish the office of Treasurer of Cobb County; to provide that the Cobb County Comptroller shall perform the duties of said Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 381. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; and for other purposes.
Referred to the Committee on Judiciary.
HB 382. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Dade, and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes.
Referred to the Committee on Rules.
632
JOURNAL OF THE HOUSE,
HB 384. By Mr. Bowen of DeKalb:
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, so as to increase certain licenses; and for other purposes.
Referred to the Committee on Game and Fish.
HB 385. By Mr. Smith 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. Marys, Georgia, so as to change the method of filling vacancies on the city council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 386. By Messrs. Ware of Troup, Parker of Screven, Spikes of Troup, Wil liams of Hall, Laite of Bibb, Wiggins of Carroll and Vaughn of Rockdale:
A Bill to be entitled an Act to provide for the confiscation and destruc tion or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person; and for other purposes.
Referred to the Committee on Judiciary.
HB 387. By Messrs. Rowland of Johnson, Dunwody and Jones of Bibb, Lewis of Wilkinson, Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to place ordinaries upon a salary in lieu of previous methods of compensating ordinaries, except as to alloca tions made to the Ordinaries' Retirement Fund of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 388. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating an amended charter for the Town of Willacoochee in the County of Atkinson, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes.
Referred to the Committee on Local Affairs.
HB 389. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act so as to provide that the compensation of the acting city manager shall be fixed by resolution
WEDNESDAY, FEBRUARY 17, 1965
633
of the commission of the City of Waycross; 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 300. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Warrenton, in Warren County, and to provide for the election of Commissioners for the same", so as to change the dates for making tax returns; and for other purposes.
HB 301. By Mr. Wright of Wilkes:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a board of Commissioners of Roads and Revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and the county warden of Wilkes County; and for other purposes.
HB 302. By Mr. Phillips of Columbia: A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Clerk of the Superior Court, the Sheriff and the Tax Com missioners of Columbia County; to provide for the collection, disposi tion and accounting of all fees, emoluments and perquisites; and for other purposes.
HB 303. By Mr. Phillips of Columbia: 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 Columbia, so as to change the compensation of the chairman and executive officer of said board; and for other purposes.
HR 159-303. By Mr. Phillips of Columbia: A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Columbia County; and for other purposes.
HB 304. By Mr. Tidwell of Crawford: A Bill to be entitled an Act to abolish the present method of compensat ing the Sheriff of Crawford County known as the fee system; and for other purposes.
634
JOURNAL OF THE HOUSE,
HB 305. By Messrs. Looper of Dawson, Simpson of Wheeler and Caldwell of Union:
A Bill to be entitled an Act to be known as "The Alcohol Beverage Control Act"; to provide for a Department of Alcohol Beverage Control; and for other purposes.
HB 306. By Messrs. Harris and Smith 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 one of the sheriff's deputies; and for other purposes.
HB 307. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the com pensation of a deputy of the sheriff; and for other purposes.
HB 308. By Mr. Maddox of Gordon: A Bill to be entitled an Act to amend an Act to change the compensation of the Sheriff of Gordon County, so as to change the compensation of the Sheriff; and for other purposes.
HB 309. By Messrs. Harris and Smith 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 Judge; and for other purposes.
HB 310. By Mr. Maddox of Gordon: A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
HB 311. By Mr. Walker of Lowndes: A Bill to be entitled an Act to amend an Act regulating the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in this State; and for other purposes.
HB 312. By Mr. Walker of Lowndes: 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", so as to reduce the size of the package in which distilled spirits or alcoholic beverages may be sold; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
635
HB 313. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act establishing a State Com mission on Aging, so as to provide for an additional member of the State Commission on Aging; and for other purposes.
HR 160-313. By Mr. Newton of Jenkins:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes.
HR 161-313. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other purposes.
HB 314. By Messrs. Blair of Sumter, Dean of Polk, Wiggins of Carroll, Simpson of Wheeler, Pickard of Muscogee and others:
A Bill to be entitled an Act to amend Code Section 40-405 of the Code of Georgia of 1933, relating to the preparation of the budget report, so as to provide for a working reserve-high and low income period; and for other purposes.
HB 315. By Messrs. Conger and Dollar of Decatur:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city manager; and for other purposes.
HR 163-315. By Messrs. Blair of Sumter, Dean of Polk, Wiggins of Carroll, Simpson of Wheeler, Pickard of Muscogee and others:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to appropriation control; and for other purposes.
HB 316. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act changing the compensation the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensa tion of the Sheriff; and for other purposes.
636
JOURNAL OP THE HOUSE,
HB 317. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Charter for the City of Gumming, so as to provide for permanent registration under certain circumstances; and for other purposes.
HB 318. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County, so as to remove the provisions relative to per diem for attendance at special meetings; to provide for an expense allowances; and for other purposes.
HB 319. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend Code Section 34-1317 relating to electors receiving assistance in voting at primaries and elections, so as to provide that managers shall permit electors eligible to receive assistance to select any poll officer of the polling place at which such elector within the second degree of consanguinity or affinity to enter the voting compartment or booth to assist such elector in voting; and for other purposes.
HB 320. By Messrs. Sewell of Chatham and Jones of Liberty:
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 from the taxes imposed by said Act, sales to public, non-profit private hospitals and volunteer fire departments; and for other purposes.
HB 321. By Mr. Overby of Hall:
A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the County; and for other purposes.
HB 322. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Commission, by providing that the Attorney General, the Director of the Department of Industry and Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members; and for other purposes.
HB 323. By Messrs. Conger and Dollar of Decatur:
A Bill to be entitled an Act to amend an Act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
637
HB 324. By Messrs. Ballard and Spillers of Newton:
A Bill to be entitled an Act to amend an Act providing a board of directors and a commissioner of roads and revenues for Newton Coun ty, so as to increase the compensation of the commissioner; and for other purposes.
HB 325. By Messrs. Clark and Tucker of Catoosa:
A Bill to be entitled an Act to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter; and for other purposes.
HB 326. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
HB 327. By Messrs. Blalock and Potts of Coweta:
A Bill to be entitled an Act to amend an Act establishing a City Court of Newnan, so as to change the compensation allowed the Solicitor of said Court for a secretary; and for other purposes.
HB 328. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes.
HB 329. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other purposes.
HB 330. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for two assistants for the tax commissioner and to fix their compensation; and for other purposes.
638
JOURNAL OF THE HOUSE,
HB 331. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 332. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 333. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 334. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes.
HB 335. 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, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes.
HB 336. By Mr. Sewell of Chatham:
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 from the taxes imposed by said Act the sale of machinery, including but not limited to, such related items as pipes, conduits and ducts which are used directly in the manufacture of tangible personal property; and for other purposes.
HB 337. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorized representatives of the public informa tion media and the publication in certain instances of juvenile offenders; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
639
HB 338. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled "An Act to limit and regulate the assessment and collection of taxes by municipal au thorities of this State, except so far as relate to the City of Savannah", so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses of said municipal corporation an annual ad valorem tax upon the property within said corporation not in excess of 9.8 of one per cent without the necessity of conducting the election specified in said Act as amended; and for other purposes.
HB 339. By Messrs. Bolton of Spalding, Hale of Dade and Steis of Harris:
A Bill to be entitled an Act to amend an Act pertaining to the registra tion and licensing of motor vehicles, so as to provide that the tax com missioners shall be the agent of the State Revenue Commissioner for the purpose of accepting applications and the registration of motor vehicles; and for other purposes.
HB 340. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Hale of Dade and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend Chapter 58-2, relating to the manufacture, transportation and posses sion of certain intoxicating liquors", so as to declare certain raw ma terials contraband; and for other purposes.
HB 341. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide that it shall be unlawful for two or more persons to conspire to commit certain offenses relating to the sale, manufacture, possession, and transportation of alcoholic beverages; and for other purposes.
HB 342. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Long Term Disability Insurance Plan for employees of the State of Georgia; and for other purposes.
HB 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend the Honesty in Government Act, so as to make certain transactions with certain officials illegal; and for other purposes.
640
JOURNAL OF THE HOUSE,
HB 344. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled "The Georgia Public Assistance Act of 1965"; to authorize the Department of Family and Children Services to establish categories of assistance payments and services; and for other purposes.
HB 345. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to create and establish a Georgia Firemen's Retirement System; and for other purposes.
HB 346. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensa tion of the clerk; and for other purposes.
HB 347. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Brantley County, Georgia, known as the fee system; and for other purposes.
HB 348. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to amend an Act providing for a Treasurer of Brantley County, so as to change the compensation of said Treasurer; and for other purposes.
HB 349. By Messrs. Bolton of Spalding, Hale of Dade, and Steis of Harris:
A Bill to be entitled an Act to amend Code Section 92-6908, relating to the compensation and the payment of expenses of county boards of tax assessors, so as to increase the minimum compensation of county tax assessors; and for other purposes.
HB 350. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend the Georgia Election Code, relating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, so as to provide that an incumbent of the office of justice of the peace, who serves as a poll officer at a primary or election in which he seeks nomination for or election to the office of justice of the peace, shall be eligible to hold same if nominated or elected; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
641
SB 35. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Govern ment, other States, or interstate agencies; and for other purposes.
SB 56. By Senator Johnson of the 42nd:
A Bill to be entitled an Act amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain salaries; and for other purposes.
Mr. Smith of Whitfield 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 254. Do Pass. HB 313. Do Pass.
Respectfully submitted, Smith of Whitfield, Chairman.
Mr. Harris of DeKalb County, Vice-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 58.
Do Pass.
HB 283. HB 312. HB 360. HR 116-149.
Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted,
Harris of DeKalb,
Vice-Chairman.
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JOURNAL OF THE HOUSE,
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 11. DC Not Pass.
HB 115. Do Not Pass.
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 House to wit:
HB 184. By Mr. Rainey of Crisp:
A Bill to amend an Act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes.
HB 204. By Mr. Mauldin of Franklin:
A Bill to reincorporate the City of Carnesville in the County of Frank lin; to provide a new charter for said city; and for other purposes.
HB 145. By Mr. Wells of Oconee:
A Bill to abolish the present method of compensating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes.
HR 103. By Mr. Milhollin of Coffee:
A Resolution to designate the "Seventeen Mile River"; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
643
HR 162. By Messrs. Sewell, Richardson and Shea of Chatham:
A Resolution requesting Mr. Johnny Mercer to compose a song to be presented to the General Assembly for consideration as the official State Song; and for other purposes.
HB 161. By Mr. Brown of Hart:
A Bill to amend an Act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes.
HB 162. By Mr. Brown of Hart:
A Bill to abolish the present mode of compensating the Coroner of Hart County, known as the Fee system; and for other purposes.
HB 179. By Messrs. Wiggins and Reid of Carroll:
A Bill to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 180. By Mr. Wiggins of Carroll:
A Bill to amend an Act creating a commissioner of roads and revenues for Carroll County, so as to change the compensation of the Com missioner; to change the compensation of the county attorney; and for other purposes.
HB 182. By Mr. Colwell of Union: A Bill to amend an Act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 160. By Mr. Brown of Hart: A Bill to abolish the present mode of compensating the Sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
644
JOURNAL OF THE HOUSE,
SB 22. By Senator Johnson of the 38th:
A Bill to amend an Act establishing the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as sub sequently amended, so as to provide for two additional members of the Board of Trustees; and for other purposes.
SB 51. By Senator Padgett of the 23rd:
A Bill to prohibit certain activities by county, municipal or other political subdivision officials regarding conflicts of interest between their public duties and personal or professional interests in all counties of Georgia having a population of not less than 135,000 nor more than 140,000 according to U. S. census of 1960 or any future census; and for other purposes.
SB 54. By Senator Sanders of the 41st:
A Bill to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provisions of the motor vehicle inspection laws prior to their sale to the general public; to provide for a penalty; and for other purposes.
SB 58. By Senators Downing of the 1st and Tribble of the 3rd:
A Bill to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 59. By Mr. Bynum of Rabun:
A Bill to authorize the ordinary of Rabun County upon recommendation of tax commissioner of Rabun County to additionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes.
HB 61. By Mr. Bynum of Rabun:
A Bill to provide for compensation for the Ordinary of Rabun County and compensation for secretarial assistance to the Ordinary of Rabun County; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
645
HB 122. By Mr. Johnson of Elbert:
A Bill to amend an Act placing the clerk of the Superior Court and the Ordinary of Elbert County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court and the Ordinary; and for other purposes.
HB 126. By Messrs. Milhollin and Williams of Coffee:
A Bill to amend an Act creating a new charter for the City of Douglas, so as to authorize the governing authority of said City to close portions of certain streets; and for other purposes.
HB 127. By Mr. Bynum of Rabun:
A Bill to amend an Act providing a secretarial assistant for the Clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary to the Clerk of the Superior Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes.
By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 108-138. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A Resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit, 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.
HB 255. By Mr. Acree of Towns: A Bill to be entitled an Act to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County, and for other purposes.
646
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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 293. By Mrs. Merritt of Sumter and Mr. Blair of Sumter:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open, and for other purposes.
The report 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 298. By Mr. Mauldin of Franklin: A Bill to be entitled an Act to amend an Act authorizing the superior court judge or judges in any county in certain circuits to establish and maintain a law library for the use of the judges, solicitors and other court officials of such county, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 17. By Senators Johnson of the 38th, Salome of the 36th, and others:
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 certain population, and for other purposes.
WEDNESDAY, FEBRUARY 17, 1965
647
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 18. By Senators Ward of the 39th, Johnson of the 38th, and others: A Bill to be entitled an Act to amend the Act, to provide pensions to officers and employees of cities of a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 19. By Senators Thompson of the 34th, Ward of the 39th, 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, and others: A Bill to be entitled an Act to amend an Act, providing for pensions for members of police departments in cities having a certain popula tion, and for other purposes.
648
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 114, 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 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes. Referred to the Committee on Education.
SB 51. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to prohibit certain activities by county, municipal or other political subdivision officials regarding conflicts of interest between their public duties and personal or professional interests in all counties of Georgia having a population of not less than 135,000 nor more than 140,000; and for other purposes.
SB 54. By Senator Sanders of the 41st:
A Bill to be entitled an Act to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provi sions of the motor vehicle inspection laws prior to their sale to the general public; and for other purposes. Referred to the Committee on Motor Vehicles.
SB 58. By Senators Downing of the 1st and Tribble of the 3rd:
A Bill to be entitled an Act to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the Coun ty of Chatham; and for other purposes. Referred to the Committee on Local Affairs.
Mr. Lambert of Morgan asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recommitted to the Committee on Education:
WEDNESDAY, FEBRUARY 17, 1965
649
HB 356. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and re vocation of motor vehicle driver licenses, so as to increase the minimum age required of applicants for an operator's license, and for other purposes.
The consent was granted and HB 356 was withdrawn from the Committee on Motor Vehicles and recommitted to the Committee on Education.
The following Resolution of the House was read and referred to the Com mittee on Highways:
HR 175. By Messrs. McDaniell of Cobb, Pope of Cherokee and others:
A RESOLUTION
Urging the construction of an underpass just north of the Lockheed Georgia Aircraft Corporation at the intersection of South Cobb Drive (Ga. Highway 280) and Fairgrounds Street in Cobb County, Marietta, Georgia; and for other purposes.
WHEREAS, as a result of a study made by the Traffic Safety Department of the Board of Commissioners of Roads and Revenue, Cobb County Police Department and Cobb County Sheriff's Office, that an underpass at said intersection would be feasible and desirable; and
WHEREAS, there have been many accidents and at least one traffic officer killed in this area; and
WHEREAS, there are 18,000 employees who commute from 54 counties and who work at Lockheed Georgia Corporation; and
WHEREAS, this improvement would serve and promote safety for almost 100 percent of these employees; and
WHEREAS, said Lockheed Georgia Aircraft Corporation contrib utes and enhances the economy of said 54 counties in surrounding areas; and
WHEREAS, this underpass would serve to conserve life and prop erty to many other Georgians directly or indirectly affected; and
WHEREAS, this project is not only feasible and necessary but the terrain and elevation lends itself to this conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is
650
JOURNAL OF THE HOUSE,
hereby authorized and directed to commence a study and complete all planning in order to construct an underpass from Fairground Street under South Cobb Drive (Ga. Highway 280) to be completed in the very near future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to submit an appro priate copy of this Resolution to the Georgia Congressional Delegation, to the Director of the United States Bureau of Public Roads, to the Honorable Jim L. Gillis, Director of the Georgia State Highway De partment and to all members of the Georgia State Highway Board.
The following Resolution of the House was read and adopted:
HR 178. By Messrs. Thomas of Wayne, Balkcom of Quitman, and many others:
A RESOLUTION
Wishing a speedy recovery for Honorable J. T. Dailey; and for other purposes.
WHEREAS, Honorable J. T. Dailey, Representative, Randolph County, suffered a heart attack on February 16, 1965, and is confined to the hospital; and
WHEREAS, he is one of the most beloved and respected members of this body and his kindness and consideration to his cohorts is deeply appreciated; and
WHEREAS, his advice and counsel will be sorely missed during his absence;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that best wishes for a speedy recovery are here by extended to Honorable J. T. Dailey, Representative, Randolph Coun ty, and the members of this body express the sincere hope that he will shortly be able to return to his duties.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable J. T. Dailey.
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 132-229. By Mr. McClelland of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of properties or structures
WEDNESDAY, FEBRUARY 17, 1965
651
not necessarily a part of any slum or blighted area at public expense under certain conditions and that such expenditures shall be established as liens against the properties involved; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XVI of the Constitution, relating to slum clearance and re development program for cities, towns, and housing authorities is here by amended by inserting in the first sentence of said Article after the words "public uses", the words "and the General Assembly may also establish procedures whereby counties or municipal corporations may carry out and enforce the demolition, cleanup, removal, renovation or repair of individual or isolated properties or structures not of neces sity a part of any slum or blighted area at public expense after hearing and a determination that such properties or structures constitute a nuisance or constitute a hazard to the health or safety of the public. Proceedings in such case may be in person or in rem and all costs shall be established as liens against the properties involved.", so that when so amended said Article shall read as follows:
"The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and re development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses; and the General Assembly may also establish procedures whereby counties or municipal corporations may carry out and en force the demolition, clean-up, removal, renovation or repair of indi vidual or isolated properties or structures not of necessity a part of any slum or blighted area at public expense after hearing and a determination that such properties or structures constitute a nui sance or constitute a hazard to the health or safety of the public. Proceedings in such case may be in person or in rem and all costs shall be established as liens against the properties involved. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance there of."
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.
652
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide for counties or municipal corporations to carry out and enforce the demolition, clean-up, removal, renovation or repair of individual or isolated properties or structures not of neces sity a part of any slum or blighted area at public expense and said expense to be established as liens against the properties involved after a determination that such properties or structures constitute a nuisance or hazard to the health or safety of the public?"
NO ( )
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 Barber Beck Bedgood Black Blair Blalock Bolton Branch Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Davis Dean DeVane
Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Etheridge Evans Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F.
WEDNESDAY, FEBRUARY 17, 1965
653
Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Knight, W. D. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie
McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper
Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Balkcom Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Bynum Chandler Conner Dailey Deloach Dunwody Farrar Floyd Flynt
Hale Hall Harris, J. R. Hudgins Jones, M. Jordan, W. H. Kelly Knight, D. W. Laite Lee, G. B. Leonard McCracken Melton Page Perry Pickard
Rainey Shuman Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Story Tabb Thomas Underwood Ware Woodward Mr. Speaker
654
JOURNAL OP THE HOUSE,
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HB 150. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and for other purposes.
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 Ballard Beck
Bedgood Black Blair Blalock Bolton Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe
Davis Dean DeVane Dickinson Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Fulford Gary Grahl Griffin Griffis Hall Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Jones, G. Paul Jones, M. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McKemie McRae Merritt Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S.
WEDNESDAY, FEBRUARY 17, 1965
655
Odom Oglesby Otwell Overby Pafford Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson
Roberts Rogers, Jimmie
Boss Rowland Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers
Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells Wiggins Williams, G. J. Wilson Wright
Those voting in the negative were Messrs.: Jordan, Ben C. and McDaniell.
Those not voting were Messrs.:
Bagby Balkcom Barber Bowen, J. 0. Bowen, R. L. Brantley Brinkley Bynum Clarke, H. G. Conner Dailey Deloach Dixon Dollar Dorminy Doster Dunwody Etheridge Farrar
Hale Harris, J. R. Holder Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Laite Lane Leonard McClelland McCracken Melton Milhollin Moore, J. H. Nessmith, P. Newton, D. L. Page Paris
Rainey Rodgers, H. B. Roper Rush Shuman Smith, G. L. II Smith, J. R. Smith, V. T. Story Strickland Tabb Tucker, J. B. Ware Watkins White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 146, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
656
JOURNAL OF THE HOUSE,
HB 151. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2023, 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.
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 Ballard Barber Beck Bedgood Black Blair Blalock Bolton Brackin Branch Brantley Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W.
Dunwody Evans Floyd Flynt Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, R. W. Henderson Herndon Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett
Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Milhollin Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Perry Peterson Phillips, G. S. Philips, L. L. Pickard Pope Potts Rainey
WEDNESDAY, FEBRUARY 17, 1965
657
Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Russell Sewell Shea Simkins
Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Tabb Thomas Thomason Tidwell
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Anderson Bagby Balkcom Bowen, J. 0. Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Clarke, H. G. Conner Dailey Deloach Dickinson Doster Etheridge Farrar
Hale Hall Harrell Harrington Harris, J. R. Holder Houston Hull Jordan, W. H. Kelly Knight, D. W. Leonard Lowrey McCracken Melton Merritt Minge Moore, J. H. Page
Parker Poss Rodgers, H. B. Roper Savage Shuman Simmons Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Story Strickland Sweat Tucker, J. B. Ware White Woodward Mr. Speaker
On the passage of the Bill, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 152. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2015, pertaining to limitations on investment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
658
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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Brackin Branch Brinkley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Davis Dean DeVane Dickinson Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Hale Harris, J. F. Harris, J. R. Harris, R. W.
Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Page Paris Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers Stalnaker Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
WEDNESDAY, FEBRUARY 17, 1965
659
Those not voting were Messrs.:
Anderson Bagby Bowen, J. O. Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Bynum Chandler Clark, J. T. Clarke, H. G. Conner Crowe Dailey Deloach Dixon Doster Griffis Hall
Harrell Harrington Kelly Knight, D. W. Lee, P. S. Lee, G. B. Leonard Luke McCracken Melton Minge Mitchell Moore, J. H. Nessmith, P. Pafford Parker Perry Pickard Rodgers, H. B.
Roper Shuman Simmons Singer Smith, G. L. II Smith, J. R. Smith, V. T. Steis Story Strickland Sweat Tabb Tucker, J. B. Underwood Walker Ware White Mr. Speaker
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Walker of Lowndes 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 152.
HB 43. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System if Georgia, so as to provide the procedure whereby certain members of the Employee's Retirement System of Georgia may re-establish credits for prior 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson
Arnsdorff Balkcom Ballard Barber
Beck Bedgood Black Blair
660
Bolton Brackin Branch Brantley Brinkley Brown, Gene Busbee Bynum Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean Deloach DeVane Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Peterson Phillips, G. S.
Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Blalock
Bowen, J. 0. Bowen, R. L.
Brooks. Geo. B. Brooks, Wilson
WEDNESDAY, FEBRUARY 17, 1965
661
Brown, M. P. Byrd Chandler Clarke, H. G. Conner Dailey Dickinson Dixon Hall Harrell Harrington Herndon Kelly Knight, D. W.
Lane Lee, F. S. Lee, G. B. Leonard Lovett McCracken Melton Milhollin Moore, J. H. Pafford Parker Perry Reaves Rodgers, H. B.
Roper Rowland Shuman Simmons Smith, G. L. II Smith, V. T. Steis Story Strickland Tabb Underwood Ware Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 153. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank in corporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts, and for other purposes.
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 Balkcom Barber Beck Bedgood Black Blair
Blalock Brackin Brantley Brinkley Brown, Gene Busbee Byrd Caldwell Carr Coker, G., Dr.
Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dixon
662
JOURNAL OF THE HOUSE,
Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinaon Irvin Jessup Johnson, Dr. A .S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts
Eainey Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Rush Russell Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Arnsdorff Bagby Ballard Bolton Bowen, J. 0. Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson
Brown, M. P. Bynum Chandler Clark, J. T. Clarke, H. G. Conner Dailey DeLoach
Dickinson
Etheridge Hall Harrell Harrington Herndon Jones, F. C. Kelly Knight, D. W. Lambert
WEDNESDAY, FEBRUARY 17, 1965
663
Lane Lee, G. B. Leonard Marshall McCracken Melton Moore, J. H. Parker
Reaves Roberts Rodgers, H. B. Roper Savage Smith, G. L. II Smith, V. T. Spillers
Story Strickland Tabb Tucker, J. B. Ware White Woodward Mr. Speaker
On the passage of the Bill, the ayes were 153, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 154. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Chapter 26-27, relating to offenses committed by the use of deceitful means and artful prac tices, so as to provide that it shall be unlawful for any person with knowledge that another has made or caused to be made a materially false statement in writing, and for other purposes.
Mr. Conger of Decatur asked unanimous consent that HB 154 be recom mitted to the Committee on Banks and Banking for further study and the consent was granted.
HB 154 was recommitted to the Committee on Banks and Banking.
Mr. Conger of Decatur asked unanimous consent that the following Bill of the House be recommitted to the Committee on Banks and Banking:
HB 155. By Mr. Conger of Decatur: A Bill to be entitled an Act to amend Code Section 26-74, relating to offenses committed by the use of deceitful means and artful practices, so as to provide that it shall be unlawful for any person to make or cause to be made any materially false statement in writing, and for other purposes.
The consent was granted and HB 155 was recommitted to the Committee on Banks and Banking.
Under the General Order of Business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
664
JOURNAL OF THE HOUSE,
HB 107. By Mr. Steis of Harris:
A Bill to be entitled an Act to create a State agency to be known as the "State Properties Acquisition Commission", and for other purposes.
Mr. Steis of Harris asked unanimous consent that HB 107 be recommitted to the Committee on State Institutions and Property for further study and the consent was granted.
HB 107 was recommitteed to the Committee on State Institutions and Prop erty.
HB 52. By Mr. Tucker of Henry:
A Bill to be entitled an Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, loco mobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 52 by striking Section 2 in its entirety; by renumbering Section 3 as Section 2; by striking from the caption the words:
"to provide that the offense defined in Code Section 26-2603 shall not be reducible to a misdemeanor if the person convicted of such an offense shall have a prior conviction of the same of fense".
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.:
Acree Alien Anderson Balkcom Barber Beck
Bedgood Black Blair Blalock Bowen, J. 0. Brackin
Brinkley Brown, Gene Busbee Byrd Caldwell Carr
WEDNESDAY, FEBRUARY 17, 1965
665
Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dean DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Farrar Floyd Flynt Fulford Gary Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben G. Laite
Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Melton Merritt Minge Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey
Reaves Reid Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Stalnaker Steis Story Strickland Sweat Thomas Thomason Tidwell Tucker, J. B.
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Arnsdorff Bagby Ballard Bolton
Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson
Brown, M. P. Bynum Conner Dailey Davis
666
DeLoach Dunwody Etheridge Evans Griff is Hall Hutchinson Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly
JOURNAL OF THE HOUSE,
Knight, D. W. Knight, W. D. Leonard Lovett McCracken Milhollin Mitchell Moate Murphy Newton, D. L. Phillips, G. S. Rhodes
Rogers, Jimmie Shuman Smith, Chas. C. Smith, V. T. Spikes Spillers Tabb Ware Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 133-230. By Messrs. Clarke of Monroe; and Jones of Liberty:
A RESOLUTION
Proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; to provide the procedure connected therewith; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article II of the Constitution, relating to the elective franchise, is hereby amended by adding at the end thereof a new Section to be numbered Section VII and to read as follows:
"Section VII. Paragraph I. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given ten or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a stete general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General As sembly may ena_et other reasonable regulations and require com pliance therewith as a condition of eligibility to hold office in this State."
WEDNESDAY, FEBRUARY 17, 1965
667
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:
"YES ( ) Shall the Constitution be amended so as to require
NO ( ) notice of candidacy for write-in candidates?"
All person desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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 Balkcom Beck Bedgood Black Blair
Blalock Bolton Brackin Brinkley Brooks, Wilson Brown, Gene Busbee Byrd Caldwell Carr
Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane
668
JOURNAL OF THE HOUSE,
Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B.
Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford
Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey
Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Stalnaker Steis Story Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Williams, W. M.
Those not voting were Messrs.:
Alien Ballard Barber Bowen, J. O. B'owen, R. L. Branch Brantley Brooks, Geo. B. Brown, M. P. Bynum
Clark, J. T. Conger Conner Dailey Dean DeLoach Doster Etheridge Evans Griffis
Hale Hall Harris, J. R. Herndon Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Leonard
Lewis, P. B. Lovett Lowrey McCracken Milhollin Moate Oglesby Pickard Reaves
WEDNESDAY, FEBRUARY 17, 1965
Rogers, Jimmie Rush Shuman Smith, Chas. C. Smith, V. T. Spikes Spillers Strickland Sweat
Tabb Tucker, J. B. Ware Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler and others:
A Bill to be entitled an Act to provide that the House of Representatives shall consist of 205 members, to provide that such 205 members be apportioned among Representative Districts with no District having more than 4 members, and for other purposes.
Mr. McClelland of Fulton moved that HB 281 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.:
Alien Ballard Branch Brinkley Brooks, Wilson Clark, H. G. Davis Dunwody Etheridge Gary
Harris, J. R. Johnson, B. Jones, M. Laite Lewis, P. B. Lovett Lowrey McClelland Minge Mitchell
Moore, J. H. Pickard Rainey Richardson Sewell Shea Shuman Smith, V. T. Spillers Thomas
Those voting in the negative were Messrs.:
Abney Acree Anderson
Balkcom Barber Beck
Bedgood Black Blair
670
Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brown, Gene Busbee Bynum Byrd Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dean DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Fulford Grahl Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull
JOURNAL OF THE HOUSE,
Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Pafford Page Paris Parker Perry
Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Simkins Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. R., Jr. Smith, G. L. II Smith, J. R. Spikes Stalnaker Steis Sweat Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Bagby Brooks, Geo. B. Brown, M. P. Caldwell Clark, J. T.
Dailey DeLoach Farrar Griffin Griffis Hale
Hall Holder Jones, P. C. Jordan, W. H. Kelly Knight, D. W.
WEDNESDAY, FEBRUARY 17, 1965
671
McCracken Newton, A. S. Newton, D. L. Overby Reid Singer
Snow Story Strickland Tabb Tucker, J. B. Ware
Watson Wells Wilson Mr. Speaker
On the motion to table, the ayes were 30, nays 140.
The motion was lost.
Mr. Hull of Richmond stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:00 p.m.
Under the General Order of Business, action on HB 281 was resumed.
Mr. Bolton of Spalding moved the previous question.
Mr. Murphy of Haralson moved that HB 281 be laid on the Table.
Mr. Floyd of Chattooga moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow morning and the motion lost.
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 Bagby
Ballard
Branch Brinkley
Brooks, Wilson
Bynum Clark, J. T.
672
Colwell Dean Dickinson Duncan, A. C. Dunwody Etheridge Farrar Gary Harris, J. F. Harris, J. R. Henderson Hull Irvin Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
JOURNAL OP THE HOUSE,
Laite Leonard Lewis, P. B. Lovett Lowrey Luke Mauldin Mauney McClelland McDaniell Milhollin Minge Moore, Don C. Moore. J. H. Moses Murphy Oglesby
Overby Paris Pickard Poss Richardson Rodgers, H. B. Sewell Shea Shuman Smith, A. B. Smith, J. R. Spillers Tucker, J. B. Vaughan, D. N. Williams, W. M.
Those voting in the negative were Messrs.:
Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, Gene Busbee Byrd Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Davis DeVane Dixon Dollar Dorminy Doster
Duncan, V. W. Evans Floyd Flynt Fulford Grahl Griffis Hale Harrell Harrington Harris, R. W. Herndon Holder Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Kelly Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Maddox Marshall Matthews, C.
Matthews, D. R. McCracken McKemie McRae Melton Merritt Mixon Moate NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Pafford Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reaves Reid Rhodes Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell
WEDNESDAY, FEBRUARY 17, 1965
673
Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes
Stalnaker Steis Sweat Tabb Thomas Tucker, Ray M. Underwood Vaughn, C. R. Ware
Watkins Wells White Wiggins Wilson Woodward Wright
Those not voting were Messrs.:
Bowen, J. 0. Brown, M. P. Caldwell Clarke, H. G. Dailey DeLoach Griffin Hall
Jordan, W. H. Lee, F. S. Mitchell Page Savage Snow Story Strickland
Thomason Tidwell Walker Watson Williams, G. J. Mr. Speaker
On the motion to table, the ayes were 58, nays 124.
The motion was lost.
The previous question was ordered.
Mr. Hull of Richmond moved all amendments to HB 281 he printed and the motion lost.
The following amendment was read and adopted:
Brooks of Oglethorpe. Busbee of Dougherty, Smith of Emanuel and Wells of Oconee move to amend HB 281 as follows:
By adding in the title before the words "to repeal conflicting laws", the words "to provide that the passage of this Act shall not preclude the General Assembly from considering and enacting legislation pro viding for a different number of members of the House of Representa tives".
By adding a new Section to be known as Section 2 to read as follows:
"Section 2. The passage of this Act shall not preclude the General Assembly from considering and enacting legislation pro-
674
JOURNAL OF THE HOUSE,
viding for a different number of members of the House of Repre sentatives, either larger or smaller than the number 205 provided for hereinbefore."
By renumbering present Section 2 as Section 3.
Messrs. Brinkley of Muscogee and Brooks of Fulton offered amendments which were read and lost.
Mr. Brooks of Fulton moved that the House reconsider action in failing to adopt his amendment.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Barber Brinkley Brooks, Wilson Bynum Davis Dixon Dunwody Etheridge Farrar Gary Harris, J. F. Harris, R. W. Houston Hudgins Hull Jones, M.
Knight, D. W. Laite Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Luke McClelland Melton Minge Oglesby Paris Pickard Poss Richardson
Rodgers, H. B. Roper Sewell Shea Shuman Smith, A. B. Spillers Story Sweat Tucker, J. B. Vaughan, D. N. White Wiggins Williams, W. M. Wilson
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Balkcom Beck Bedgood Black Blair
Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, Gene Busbee Byrd Caldwell Chandler
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dean DeVane
WEDNESDAY, FEBRUARY 17, 1965
675
Dickinson Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Floyd Flynt Grahl Griffis Hale Harrell Harrington Harris, J. R. Henderson Herndon Holder Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Lambert Lane Leonard Maddox Marshall Matthews, C.
Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reaves
Reid Rhodes Roberts Rogers, Jimmie
Ross Rowland Rush Russell Savage Simkins Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson Woodward Wright
Those not voting were Messrs.:
Bagby Blalock Bowen, J. 0. Branch Brown, M. P. Carr Clark, J. T. Clarke, H. G. Dailey DeLoach
Evans Fulford Griffin Hall Howell Jones, F. C. Jordan, W. H. Lee, F. S. Lewis, E. B. Mitchell
Smith, Chas. C. Snow Strickland Walker Ware Wells Williams, G. J. Mr. Speaker
On the motion to reconsider, the ayes were 49, nays 127.
The motion was lost.
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Mr. Hull of Richmond moved that all amendments be printed and the motion lost.
Mr. Laite of Bibb offered an amendment which was read and lost.
The following substitute was read:
Substitute for HB 281:
A BILL
To be entitled an Act to provide for the apportionment of the mem bers of the House of Representatives; to provide that Representatives shall be elected by the voters of the District they represent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The House of Representatives shall be composed of that number of Representatives necessary to insure that every county will have at least one (1) Representative. The Representatives shall be ap portioned among Representative Districts in the State, with no such District being entitled to more than ten (10) Representatives. A candi date for the office of Representative in a Representative District having more than one (1) Representative shall designate the Representative District having more than one (1) Representative shall designate the Representative Post for which he offers. Such Posts shall be designated by number. Each Representative shall be elected by the voters of the District which he represents.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Ballard Black Brackin Brantley Brown, Gene
Bynum Davis Dunwody Laite Looper Oglesby
Rhodes Rodgers, H. B. Rogers, Jimmie Russell Woodward
WEDNESDAY, FEBRUARY 17, 1965
677
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Balkcom Barber Beck Blair Blalock Bolton Branch Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Flynt
Gary
Grahl
Hale
Harrell
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Henderson
Herndon
Holder
Houston
Howell
Hudgins Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McKemie Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H.
Moses
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Otwell
Overby
Paris
Parker
Perry
Peterson
Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Richardson Roberts Roper Ross Rowland Rush Sewell Shea Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M.
Underwood
Vaughn, C. R.
Vaughan, D. N.
Ware
Watkins
Watson
White
Wiggins
Williams, G. J.
Williams, W. M.
W right
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Bedgood Bowen, J. 0. Bowen, R. L. Brooks, Geo. B. Caldwell Clark, J. T. Clarke, H. G. Conner Dailey DeLoach DeVane
Fulford Griffin Griffis Hall Hull Jones, F. C. Jordan, W. H. Knight, D. W. Lee, F. S. Lewis, E. B. Mauney McRae
Mitchell Pafford Page Savage Singer Smith, Chas. C. Strickland Thomason Walker Wells Wilson, Hoke Mr. Speaker
On the adoption of the substitute, the ayes were 17, nays 151.
The Substitute to HB 281 was lost.
The following substitute was read:
HB 281. (Substitute) by Jones of Bibb:
A BILL
To be entitled an Act to provide for the apportionment of the House of Representatives on the basis of population; to provide for the desig nation of posts; to provide that no Representative District shall be en titled to more than four Representatives; to provide that Representatives shall be elected by the voters of the district they represent; to provide for reapportionment after each United States decennial census; to pro vide the method of such reapportionment after such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The House of Representatives shall be apportioned as follows:
One (1) Representative for the first 10,000 population in each county (or multi-county district)
One (1) Additional Representative for each additional 40,000, or major fraction thereof, in each county (or multi-county district)
Provided, however, that no multi-county district shall contain more than two (2) counties and provided further that if a county having more
WEDNESDAY, FEBRUARY 17, 1965
679
than 10,000 population is combined with a smaller county, having less than 10,000 population, to form a multi-county district containing suffi cient population to demand two (2) or more Representatives, then the number of Representatives of that district shall be determined by the combined population of the two (2) counties involved. A candidate for the office of Representative in a Representative District having more than one Representative shall designate the Representative Post for which he offers; provided, however, that no Representative District shall be entitled to more than four Representatives. Such Posts shall be desig nated by numbers. Each Representative shall be elected by the voters of the District which he represents.
Section 2. The House of Representatives shall be reapportioned at the next regular session following each United States decennial census, based on one (1) Representative for the first 10,000 population in each county (or district), and one additional Representative for each addi tional segment of the population equal to one per cent (1%) or major fraction thereof, of the population of the State as a whole in each county (or district).
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read:
Mr. Brooks of Pulton moves to amend substitute to HB 281 as follows:
By striking from the caption the language "to provide that no representative district shall be entitled to more than four representa tives;" and further, by striking from Section 1 of said Bill the language "provided, however, that no representative district shall be entitled to more than four representatives."
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 Barber Black Brinkley Brooks, Wilson Davis Dunwody Etheridge Evans Farrar Gary
Harris, J. P. Harris, R. W. Houston Howell Hudgins Hull Jones, C. M. Jones, M. Laite Lee, W. J. (Bill) Lewis, E. B.
Looper Lovett Lowrey McClelland Milhollin Minge Moore, J. H. Oglesby Pickard Poss Potts
680
Richardson Rodgers, H. B. Russell Sewell
JOURNAL OP THE HOUSE,
Shea Shuman Smith, A. B. Spillers
Tucker, J. B. Vaughan, D. N. Wiggins Williams, W. M.
Those voting in the negative were Messrs. :
Abney Acree Alien Anderson Bagby Balkcom Beck Bedgood Blair Bolton Bowen, R. L. Brackin Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dean DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Floyd Flynt Grahl Griffis Hale Harrell
Harrington Harris, J. R. Henderson Herndon Holder Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jordan, Ben C . Kelly Knight, D. W. Knight, W. D. Lambert Lane Leonard Lewis, P. B. Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKemie McRae Melton Merritt Mixon Mo ate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford
Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Reaves Reid Rhodes Roberts Rogers, Jimmie Ross Rush Savage Simkins Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn Ware Watkins Watson White Wilson, Hoke Woodward Wright
Those not voting were Messrs.:
Arnsdorff Blalock
Bowen, J. 0. Branch
Brantley Clark, J. T.
WEDNESDAY, FEBRUARY 17, 1965
681
Clarke, H. G. Dailey DeLoach Dorminy Fulford Griffin Hall Jones, F. C. Jones, G. Paul
Jordan, W. H. Lee, F. S. Lee, G. B. Mauney Mitchell Rainey Roper Rowland Singer
Smith, Chas. C. Snow Strickland Walker Wells Williams, G. J. Mr. Speaker
On the adoption of the amendment, the ayes were 45, nays 128.
The amendment was lost.
Mr. Lewis of Wilkinson stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Dunean, V. W. Henderson Hudgins Jones, F. C. Jones, G. Paul Jordan, Ben C.
Kelly Lee, G. B. Leonard Lewis, P. B. Luke McDaniell Milhollin
Moore, J. H. Murphy Oglesby Pafford Paris Simkins Watkins
Those voting in the negative were Messrs.:
Acree Anderson Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin
Brantiey Brinkley Brooks, Geo. B. Brooks, Wilson, Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R.
Collins, J. F. Collins, M. Colwell Conger Crowe Da vis Dean DeVane Dickinson Dixon Dollar Dorminy Doster Dunean, A. C.
682
JOURNAL OP THE HOUSE,
Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Hale Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Houston Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, M. Knight, D. W. Knight, W. D. Laite Lambert Lewis, E. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland
McCracken McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Savage
Sewell Shea Shuman Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs:
Alien Arnsdorff Bowen, J. O. Branch Caldwell Clarke, H. G. Conner Dailey DeLoach Dunwody
Griffin Hall Harrell Harrington Howell Hull Jordan, W. H. Lane Lee, F. S. Lee, W. J. (Bill)
McKemie Mitchell Page Russell Strickland Walker White Mr. Speaker
On the adoption of the substitute, the ayes were 21, nays 155.
The substitute was lost.
WEDNESDAY, FEBRUARY 17, 1965
683
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.:
Anderson Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Davis Dean DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Grahl Griffis
Hale Harrell Harrington Harris, J. F. Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr., A. S. Johnson, B. Jones, C. M . Jones, F. C. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McKemie McRae Melton Merritt Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell
684
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker
JOURNAL OF THE HOUSE,
Ware Watkins Watson Wells White Wiggins
Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.
Abney Acree Bagby Ballard Branch Brinkley Brooks, Wilson Bynum Dunwody Etheridge Farrar Gary Harris, J. R.
Harris, R. W. Henderson Hull Jones, G. Paul Jones, M. Laite Lewis, P. B. Lowrey Luke McClelland McDaniell Milhollin Minge
Moore, J. H. Murphy Oglesby Pickard Richardson Sewell .Shea Shuman Simkins Smith, A. B. Smith, Chas. C.
Those not voting were Messrs.:
Alien Arnsdorff Bowen, J. 0. Colwell Dailey DeLoach
Fulford Griffin Hall Jessup Jordan, W. H. Lee, F. S.
Mauney Mitchell Singer Smith, V. T. Strickland Mr. Speaker
On the passage of the Bill, as amended, the ayes were 149, nays 37.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Vaughn of Rockdale asked unanimous consent that HB 281 be immedi ately transmitted to the Senate and the consent was granted.
HB 281 was ordered immediately transmitted to the Senate.
Mr. Snow of Walker moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
THURSDAY, FEBRUARY 18, 1965
685
Representative Hall, Atlanta, Georgia Thursday, February 18, 1965
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 Rev. James Griffin, Pastor, Elizabeth Methodist Church, Chickamauga, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of 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:
HB 390. By Messers. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend the Act creating a Small Claims Court in Colquitt County and all other counties with population of not
686
JOURNAL OF THE HOUSE,
less than 33,000 nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Cobb County shall be a member and Chairman of such Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesew, so as to change the number of council meet ings and to provide compensation to the Mayor and City Council for attendance at such additional meetings; and for other purposes.
Referred to the Committee on Local Affairs.
HR 174-392. By Mr. Pafford of Lanier:
A Resolution proposing an amendment to the Constitution so as to provide that the legislative power of the State shall be vested in a unicameral legislative body; to provide for the apportionment of said legislative body as nearly as practicable on the basis of population; and for other purposes.
Referred to the Committee on Judiciary.
HB 393. By Messrs. Holder of Dodge, Smith of Telfair, Anderson of Pulaski, Moss of Montgomery, Simpson of Wheeler and Jessup of Bleckley.
A Bill to be entitled an Act to amend an Act placing the Solicitor Gen eral of the Oconee Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other purposes.
Referred to the Committee on Judiciary.
HB 394. By Messrs. Paris of Barrow, Murphy of Haralson, Milhollin of Coffee, Overby and Williams of Hall, Lee of Clinch and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes.
Referred to the Committee on Game and Fish.
THURSDAY, FEBRUARY 18, 1965
687
HB 395. By Messrs. Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensa tion of the solicitor general; and for other purposes.
Referred to the Committee on Judiciary.
HB 396. By Messrs. Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act approved February 25, 1949, providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 397. By Messrs. Farrar, Harris and Bowen of DeKalb:
A Bill to be entitled an Act to amend an Act approved February 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 398. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HR 176-398. By Mr. Smith of Emanuel:
A Resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch, Pope of Cherokee, Dean of Polk, Brown of Hart, Williams of Coffee, Bedgood of Clarke, Brooks of Fulton, Johnson of Warren, Gary of Clayton and many others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of offi-
688
JOURNAL OF THE HOUSE,
cers and men in the battalion; to change the compensation of certain members of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on Ways and Means.
HB 400. By Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Dalton, so as to formulate a schedule of per sonnel organization for the police and fire departments of the City of Dalton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 401. By Messrs. Luke, Hull and Simkins of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HB 402. By Messrs. Luke, Simkins and Hull of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the City Council shall be 5' 7%"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 403. By Messrs. Luke, Simkins and Hull of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 404. By Messrs. Etheridge of Fulton and Pope of Cherokee:
A Bill to be entitled an Act to amend Code Section 92-1404, relating to the distribution of motor fuel taxes to counties, so as to require from each county an accounting of the expenditure of those funds distributed to them; and for other purposes.
Referred to the Committee on Highways.
THURSDAY, FEBRUARY 18, 1965
689
HB 405. By Mr. Smith of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, Georgia, by granting the Mayor and Council of said City the power and authority to adopt an ordinance authorizing the use of vot ing machines for recording and computing the vote at all city general and special elections held in the city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 406. By Mr. Strickland of Evans:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Evans County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 407. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide that the policy of the State Board of Education relating to work hours and work days for all teachers which was in effect at the beginning of the 1963-64 school year is hereby ratified and confirmed; and for other purposes.
Referred to the Committee on Education.
HR 177-407. By Mr. Laite of Bibb:
A Resolution proposing an amendment to the Constitution so as t prescribe additional duties for the Lieutenant-Governor in connection with the Department of Industry and Trade; and for other purposes.
Referred to the Committee on Rules.
HB 408. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to place the sheriff of Rabun County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 409. By Mr. Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Colquitt County, so as to change the amount of the bond of the Chairman of the Board of Commissioners; 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:
690
JOURNAL OF THE HOUSE,
HB 351. By Mr. Griffin of Glascoek:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mitchell in the County of Glascoek, so as to change the hours during which the polls shall be open for elections; and for other purposes.
HB 352. By TIr. Griffin of Glascoek:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Glascoek, so as to change the compensation of the Commissioners of Roads and Revenues; and for other purposes.
HB 353. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to abolish the office of Coroner of Fulton County; to create the office of Medical Examiner; and for other pur poses.
HB 354. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide for the inspection and regulation of the sale of anti-freeze substances and preparations; and for other purposes.
HR 167-354. By Mr. Griffis of Cook:
A Resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; and for other purposes.
HB 355. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to provide that the State Board of Educa tion shall prescribe by rules and regulations that a driver education course shall be included as a part of the curriculum of all public high schools in this state by the 1967-68 school year; and for other purposes.
HB 356. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating the Bepartment of Public Safety and providing for the issuance, suspension and revo cation of motor vehicle driver licenses, so as to increase the minimum age required of applicants for an operator's license; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
691
HB 357. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to provide for the use of speed detection devices by counties and municipalities; and for other purposes.
HB 358. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revo cation of motor vehicle driver licenses, so as to provide for the revoca tion of all learner's, operator's and chauffeur's licenses on the 65th birthday of the licensee and every 5th birthday thereafter; and for other purposes.
HB 359. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide that it shall be the duty of any seller to explain to the buyer the warranties accompanying said sale; and for other purposes.
HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A Bill to be entitled an Act to amend Code Section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more mem bers of the board of education may be selected from the same militia district; and for other purposes.
HB 361. By Mr. Lovett of Laurens: A Bill to be entitled an Act to amend an Act providing for the office hours of the Board of Commissioners of Roads and Revenues, the Clerk of the Superior Court, the Tax Commissioner, the Sheriff, and the County School Superintendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes.
HB 362. By Mr. Lee of Pike: A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Pike County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 363. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Colquitt County into the Office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
692
JOURNAL OF THE HOUSE,
HB 364. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating the City court of Colquitt County, so as to change the amount of the bond of the Clerk of said Court; and for other purposes.
HB 365. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act placing the County Officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
HB 366. By Messrs. Steis, Bagby of Paulding, Houston of Pierce, Bolton of Spalding, Richardson of Chatham, Snow of Walker and others:
A Bill to be entitled an Act to amend Sec. 22-1703 of the Code of Geor gia of 1933, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to in clude in their annual returns the name and address of each director and officer and such other information as the Secretary of State may determine to be in the public interest; and for other purposes.
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke, Conger of Decatur, Conner of Jeff Davis, Harrell of Fayette and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes.
HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes.
HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc."; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
693
HB 370. By Messrs. Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposees.
HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes.
HB 372. By Messrs. Pickard and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in certain counties; and for other purposes.
HR 170-372. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; and for other purposes.
HB 373. By Mr. Smith of Camden:
A Bill to be entitled an Act to provide a method for discharging exist ing trustees and other persons exercising control over any educational, charitable or religious trust; and for other purposes.
HB 374. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend Code Section 81-212, relating to the method of service for minors shall be the same for insane persons with certain exceptions; and for other purposes.
HB 375. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Pish, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes.
HB 376. By Messrs. Rhodes of Baker, Woodward of Butts, Matthews of Colquitt, Mitchell and Smith of Whitfield and Overby of Hall:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the requirements in regard to the operation of a motor vehicle by a person holding a valid learner's license; and for other purposes.
694
JOURNAL OF THE HOUSE,
HB 377. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes.
HB 378. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, so as to provide that an execution shall be entered or reentered on the general execution docket on the same date as an entry on said execution or a written notice of public effort is entered; and for other purposes.
HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to abolish the office of Treasurer of Cobb County; to provide that the Cobb County Comptroller shall perform the duties of said Treasurer; and for other purposes.
HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes.
HB 381. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to provide that in all criminal cases tried by a jury it shall be the duty of the jury to return a verdict of guilty or not guilty; and for other purposes.
HB 382. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners; and for other purposes.
HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Dade, and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
695
HB 384. By Mr. Bowen of DeKalb:
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, so as to increase certain licenses; and for other purposes.
HB 385. By Mr. Smith 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. Marys, Georgia, so as to change the method of filling vacancies on the city council; and for other purposes.
HB 386. By Messrs. Ware of Troup, Parker of Screven, Spikes of Troup, Wil liams of Hall, Laite of Bibb, Wiggins of Carroll and Vaughn of Rockdale:
A Bill to be entitled an Act to provide for the confiscation and destruc tion or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person; and for other purposes.
HB 387. By Messrs. Rowland of Johnson, Dunwody and Jones of Bibb, Lewis of Wilkinson, Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to place ordinaries upon a salary in lieu of previous methods of compensating ordinaries, except as to alloca tions made to the Ordinaries' Retirement Fund of Georgia; and for other purposes.
HB 388. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating an amended charter for the Town of Willacoochee in the County of Atkinson so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes.
HB 389. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act so as to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes.
SB 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes.
696
JOURNAL OF THE HOUSE,
SB 51. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to prohibit certain activities by county, municipal or other political subdivision officials regarding conflicts of interest between their public duties and personal or professional interests in all counties of Georgia having a population of not less than 135,000 nor more than 140,000; and for other purposes.
SB 54. By Senator Sanders of the 41st:
A Bill to be entitled an Act to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provisions of the motor vehicle inspection laws prior to their sale to the general public; and for other purposes.
SB 58. By Senators Downing of the 1st and Tribble of the 3rd:
A Bill to be entitled an Act to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes.
Mr. Newton of Colquitt County, Chairman of the Committee on Agricul ture, 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 192. Do Pass by Committee Substitute. Respectfully submitted, Newton of Colquitt, Chairman.
Mr. Pope of Cherokee 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 289. Do Pass. HR 175. Do Pass. HB 285. Do Pass by Substitute.
Respectfully submitted, Pope of Cherokee, Chairman.
THURSDAY, FEBRUARY 18, 1965
697
Mr. Harris of DeKalb County, Vice-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 366. Do Pass as Amended. HB 345. Do Pass as Amended. HB 354. Do Pass. HB 247. Do Pass. HB 287. Do Pass by Substitute. HB 129. Do Pass by Substitute. HB 248. Do Pass. HB 124. Do Pass. HB 241. Do Pass. HB 296. Do Pass as Amended.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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 of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 300. Do Pass by Substitute. HB 324. Do Pass as Amended. HB 318. Do Pass. HB 323. Do Pass. HB 326. Do Pass. HB 327. Do Pass. HB 328. Do Pass. HB 329. Do Pass. HB 330. Do Pass.
698
JOURNAL OF THE HOUSE,
HB 334. Do Pass.
HB 335. Do Pass.
HB 338. Do Pass.
HB 299. Do Pass.
HB 301. Do Pass.
HB 302. Do Pass.
HB 303. Do Pass.
HB 304. Do Pass.
HB 306. Do Pass.
HB 307. Do Pass.
HB 308. Do Pass.
HB 309. Do Pass.
HB 310. Do Pass.
HB 315. Do Pass.
HB 316. Do Pass.
HB 317. Do Pass.
HB 331. Do Pass.
HB 346. Do Pass.
HB 332. Do Pass.
HB 333. HB 347. HB 348. SB 30. SB 22.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Tucker of Catoosa, 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 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 233. Do Pass.
THURSDAY, FEBRUARY 18, 1965
699
HB 278. Do Pass. HB 282. Do Pass.
Respectfully submitted, Williams of Hall, Chairman.
Mr. Brooks of Fulton County, Chairman of the Committee on Special Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 13. Do Pass by Substitute. HB 217. Do Pass. HB 284. Do Pass. HB 288. Do Pass.
Respectfully submitted, Brooks of Fulton, Chairman.
Mr. Chandler of Baldwin County, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration the following 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 107. Do Pass.
SR
33. Do Pass.
HB 290. Do Pass.
HR 48- 87. Do Pass.
HR 122-192. Do Pass.
Respectfully submitted,
Chandler of Baldwin,
Chairman.
700
JOURNAL OF THE HOUSE,
Mr. Bagby of Paulding 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 56-107. Do Pass. HR 57-107. Do Pass. HR 58-107. Do Pass. HB 45. Do Pass. HB 399. Do Pass. HB 104. Do Pass. HB 105. Do Pass.
Respectfully submitted,
Bagby of Paulding,
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 2. By Senator Gordy of the 15th: A Bill to provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; provide exemptions; and for other purposes.
SB 8. By Senators Webb of the llth, Plunkett of the 30th and others: A Bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th: A Bill to create the Georgia State Scholarship Commission; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
701
SB 64. By Senators Maclntyre of the 40th, Salome of the 36th and Wesberry of the 37th:
A Bill to amend an Act establishing a new charter for the City of Roswell, approved Feb. 9, 1950 (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes.
SB 76. By Senators Hall of the 52nd, Lee of the 47th and Noble of the 19th: A Bill to amend an Act creating the State Board of Pardons and Paroles, approved Feb. 5, 1943 (Ga. Laws 1943, p. 185), as amended, so as to provide for the arrest and bail under certain circumstances of a conditional releasee who violates the terms of his conditional release; and for other purposes.
SB 79. By Senators Thompson of the 34th, Coggin of the 35th and others: A Bill to to amend an Act entitled "College Park City Charter Amend ment" approved Jan. 31, 1946 (Ga. L. 1946, pp. 432-454), and the several Acts amendatory thereof, with reference to city employees pen sion plan; to provide benefits, rules and regulations for pension pay ments; and for other purposes.
SB 80. By Senators Coggin of the 35th, Thompson of the 34th and others: A Bill to amend an Act establishing a new charter for the City of College Park, approved Dec. 16, 1895, and the several Acts amendatory thereof; and for other purposes.
SB 34. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend an Act approved March 18, 1964 (Ga. L. 1964, p. 499, at pp. 622, 623), dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes.
SB 70. By Senator Downing of the 1st:
A Bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes.
SR 53. By Senator Kendrick of the 32nd:
A Resolution expressing regrets at the passing of Dr. William H. Kilpatrick; and for other purposes.
702
JOURNAL OP THE HOUSE,
SR 50. By Senator Kidd of the 25th:
A Resolution concerning the need for the continuation of the Veterans Administration Domiciliary located in Thomasville, Georgia; and for other purposes.
The Senate has pased by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 14. By Messrs. Richardson, Shea and Sewell of Chatham: A Bill to amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other purposes.
HB 27. By Mr. Evans of McDuffie: A Bill to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the Coroner of McDuffie County; and for other pur poses.
HB 41. By Mr. Smith of Lamar: A Bill to amend Code Section 21-105 of the Code of Georgia of 1933 relating to fees paid Coroners, so as to change the compensation of Coroners in certain counties; and for other purposes.
HB 50. By Mr. Smith of Grady: A Bill to amend an Act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court reporter; to provide that the supplement shall be apportioned among the counties comprising said circuit; and for other purposes.
HB 101. By Mr. Wright of Wilkes: A Bill to amend an Act abolishing the offices of tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes.
HB 114. By Mr. Coker of Turner: A Bill to amend an Act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said Mayor and Council, within prescribed limits; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
703
HB 135. By Mr. Smith of Telfair:
A Bill to amend the City Charter of the City of Milan so as to provide an election Code therefor; and for other purposes.
HB 137. By Mr. Bowen of Dooly:
A Bill to amend an Act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes.
HB 138. By Mr. Crowe of Worth:
A Bill to amend an Act approved June 30, 1964, entitled "An Act to amend, consolidate and supersede the several acts of the General As sembly of the State of Georgia, pertaining to the City of Sylvester", so as to repeal Section 5-19, relating to the Council of the City of Sylvester; and for other purposes.
HB 147. By Mr. Smith of Grady:
A bill to amend an Act incorporating the City of Cairo, so as to pro vide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes.
HB 156. By Mr. Poss of Madison:
A Bill to amend an Act incorporating the City of Colbert, in the County of Madison, by creating a new charter; and for other purposes.
HB 175. By Mr. Marshall of Putnam:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the com pensation of the Chairman and the members; and for other purposes.
HB 176. By Mr. Marshall of Putnam:
A Bill to place the Coroner of Putnam County upon a monthly salary in lieu of the fee system; and for other purposes.
HB 193. By Mr. Lambert of Morgan:
A Bill to create and establish the Madison-Morgan County Airport Authority; and for other purposes.
704
JOURNAL OF THE HOUSE,
HB 194. By Mr. Rogers of Long:
A Bill to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff; and for other purposes.
HR 168. By Messrs. McClelland, Brooks and Etheridge of Pulton and others:
A Resolution commending Georgia State College on its 50th Anniversary for the splendid service to the State of Georgia and to the City of Atlanta.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 65. By Senator Holley of the 22nd:
A Bill to amend Code Section 84-207, relating to certification of ac countants, as amended particularly by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), so as to change the qualifications required applicants for certification as certified public accountants; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 2. By Senator Gordy of the 15th: A Bill to be entitled an Act to provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th: A Bill to be entitled an Act to create the Georgia State Scholarship Commission; and for other purposes.
Referred to the Committee on University of Georgia.
SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th: A Bill to be entitled an Act to create the Georgia Higher Education Assistance Corporation; and for other purposes.
Referred to ;he Committee on University of Georgia.
THURSDAY, FEBRUARY 18, 1965
705
SB 34. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 64. By Senators Maclntyre of the 40th, Salome of the 36th, 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 Roswell, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 70. By Senator Downing of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
SB 76. By Senators Hall of the 52nd, Lee of the 47th and Noble of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide for the arrest and bail under certain circumstances of a conditional releasee who violates the terms of his conditional release; and for other purposes.
Referred to the Committee on Judiciary.
SB 79. By Senators Thompson of the 34th, Coggin of the 35th, Maclntyre of the 40th and others:
SZ~~
A Bill to be entitled an Act to amend an Act entitled "College Park City Charter Amendment", with reference to city employees pension plan; and for other purposes.
Referred to the Committee on Local Affairs.
SB 80. By Senators Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, with reference to pension benefits for employees; and for other purposes.
Referred to the Committee on Local Affairs.
706
JOURNAL OF THE HOUSE,
SB 65. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 84-207, relating to certification of accountants, so as to change the qualifications required applicants for certification as certified public accountants; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were taken up fcr consideration and read the third time:
SB 30. By Senators Thompson of the 34th, Salome of the 36th, and others: A Bill to be entitled an Act to provide that in certain counties the chief judge of the Superior Court may provide that all sheriff's sales of personal property may be held at a place other than the Court House; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 32. By Senators Salome of the 36th, Coggin of the 35th and others: A Bill to be entitled an Act to amend an Act to establish -a method for providing fire prevention systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 299. By Mr. Etheridge of Fulton: A Bill to be entitled an Act to amend an Act incorporating Union City; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
707
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
"-" ;
The Bill, having received the requisite constitutional majority, was passed.
HB 301. By Mr. Wright of Wilkes:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a board of commissioners of roads and revenues of Wilkes County", so as to provide that the chairman of the board of commissioners of roads and revenues of Wilkes County shall, by virtue of his office, be the road superintendent and the county warden of Wilkes 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 302. By Mr. Phillips of Columbia:
A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Clerk of the Superior Court, the Sheriff and the Tax Com missioner of Columbia 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 303. By Mr. Phillips of Columbia: 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 Columbia, so as to
708
JOURNAL OP THE HOUSE,
change the compensation of the chairman and executive officer of said board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 304. By Mr. Tidwell of Crawford: A Bill to be entitled an Act to abolish the present method of compensat ing the Sheriff of Crawford County known as 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 306. By Messrs. Harris and Smith 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 one of the sheriff deputies; and for other purposes.
The report o fthe Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 1965
709
HB 307. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 308. By Mr. Maddox of Gordon:
A Bill to be entitled an Act to amend an Act to change the compensa tion of the Sheriff of Gordon County, from a fee basis to a salary basis, so as to change the compensation of 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 309. By Messrs. Harris and Smith 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 Judge of the City Court of Brunswick; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
710
JOURNAL OF THE HOUSE,
HB 310. By Mr. Maddox of Gordon:
A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordi nary and other officers of the courts of said 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 315. By Messrs. Conger and Dollar of Decatur: A Bill to be entitled an Act to amend an Act creating a new city char ter for the City of Bainbridge, so as to provide for the creation of the office of city manager for the City of Bainbridge; 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensation of the Sheriff of 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 1965
711
HB 317. By Mr. Otwell of Forsyth:
A Bill to be entitled an Act to amend an Act creating a Charter for the City of Gumming, so as to provide for permanent registration under certain circumstances; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 318. By Mr. Otwell of Forsyth: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Forsyth County, so as to remove the provisions relative to per diem for attendance at special meetings; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 323. By Messrs. Conger and Dollar of Decatur: A Bill to be entitled an Act to amend an Act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
712
JOURNAL OF THE HOUSE,
HB 326. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 327. By Messrs. Blalock and Potts of Coweta:
A Bill to be entitled an Act to amend an Act establishing a City Court of Newnan, so as to change the compensation allowed the Solicitor of said Court for a secretary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 328. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 1965
713
HB 329. By Messrs. Nessmith and Lane of Bulloch:
A Bill to be entitled an Act to amend an Act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 330. By Messrs. Nessmith and Lane of Bulloch:
A bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide two assistants for the tax com missioner and to fix their 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 331. By Mr. Anderson of Pulaski: A Bill to be entitled an Act to place the Sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation, to provide for personnel within the sheriff's office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
714
JOURNAL OF THE HOUSE,
HB 332. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Pulaski County upon 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 333. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to place the Ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, to provide for personnel within the Ordinary's office; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 334. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 1965
715
HB 335. 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, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 338. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to limit and regulate the municipal authori ties of this State, except so far as relate to the City of Savannah, so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses of said municipal corporation an annual ad valorem tax upon the prop erty within said corporation not in excess of 9.8 of one per cent; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 346. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
716
JOURNAL OF THE HOUSE,
HB 347. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Brantley County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 348. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to amend an Act providing for a Treasurer of Brantley County, so as to change the compensation of said Treasurer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 300. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act entitled "An Act to inincorporate the town of Warrenton, and to provide for the election of Commissioners for the same, so as to change the dates for making tax returns; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the Town of Warrenton (now the City of Warrenton) in Warren County, approved December 12, 1859 (Ga. Laws 1859, p. 210), as amended, particularly by an Act approved February 4, 1949 (Ga. Laws 1949, p. 212), so as to change the dates for making tax returns; to provide that property
THURSDAY, FEBRUARY 18, 1965
717
shall be returned for taxes as of January 1st of each year; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act incorporating the Town of Warrenton (now the City of Warrenton) in Warren County, approved December 12, 1859 (Ga. Laws 1859, p. 210), as amended, particularly by an Act approved February 4, 1949 (Ga. Laws 1949, p. 212), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. All persons who are resident of, or domiciled in, the corporate limits of the City of Warrenton, Georgia, shall, be tween the first day of January and the first day of April in each year, make an itemized return on a blank or blanks to be furnished at the city office of the City of Warrenton, Georgia, of all property, both real and personal, that such person may own, or in which he has an interest, as of the first day of January of that year, which return shall state the fair market value of said property, under oath; and also all their liability to pay tax according to the ordi nances of the City of Warrenton, Georgia, or the laws of the State of Georgia, as to the liability to pay tax to the City of Warrenton, Georgia. The Mayor and Commissioner, or Council, of the City of Warrenton shall have authority by proper ordinances to provide penalties for failure to return said property, and to provide for the appointment of assessors, to assess property, or to reassess property so returned at a fair marketable valuation, to provide for the determination of a tax rate, ad valorem, on property so returned or assessed, to provide for the payment of the taxes, and the collec tion thereof by execution and levy in the event of default or failure to pay, and to prescribe the time and manner of paying said taxes by ordinance. The millage rate to be fixed by the Mayor and Coun cil, or Commissioners, of the City of Warrenton, to be charged ad valorem, against the property of any resident, or person domiciled therein, shall be sufficient to provide funds to meet the annual current operating expenses, but in no event shall said millage rate, ad valorem, exceed twenty mills for all purposes, exclusive of the tax voted and levied to pay an authorized bonded indebtedness.
"Tax executions shall issue in the name of the City of Warren ton, Georgia, under the direction of the City Clerk and shall be levied and/or collected by the Marshal of the City of Warrenton. The Mayor and Council or Commissioners shall, by proper ordi nance, provide the procedure of collection, wherein it may not be covered by the general law of this State.
"The costs of all executions shall be paid to the Clerk of the City of Warrenton, for issuing, and to the Marshal for levying and/ or collecting the execution, which shall be the same rate as is pre scribed for the county officers of Warren County, or in event that
718
JOURNAL OF THE HOUSE,
said officers are on a salary, the amount to be fixed by the State law for the payment to county officers on a fee basis."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 324. By Messrs. Spillers and Ballard of Newton:
A Bill to be entitled an Act to amend an Act providing a board of di rectors and a commissioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner, and for other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend HB 324 as follows:
By adding in the title before the words "to repeal conflicting laws", the words "to increase the compensation for the members of the board of directors".
By adding a new section to be known as Section 2 to read as fol lows:
"Section 2. Said Act is further amended by striking from Section 18 the following:
" 'Said board of directors shall receive for their compensation for services the sum of five dollars per day each.',
and inserting in lieu thereof the following:
" 'Each member of said board of directors shall receive as compensation for his services the sum of $20.00 per day.',
THURSDAY, FEBRUARY 18, 1965
719
so that when so amended Section 18 shall read as follows:
"'Section 18. Be it further enacted, That there shall be created a board of directors to be recommended by the grand jury at the January term, next after the general election of which said county commissioner shall enter upon the duties of his office, to be composed of three upright and intelligent persons and said recom mendations certified to the judge of the superior court and by him appointed. It shall be the duty of said board to meet with said com missioner at each monthly meeting, said commissioner to be chair man of said board and all controverted questions arising concerning county and county matters shall be referred to said board of ad judication, subject to the approval of said county commissioner. It shall further be the duty of the said board to pass upon all competitive bids for supplies to be used by said county and to award to the lowest bidder a contract to supply said county, said com petitive bids to be made monthly. It shall further be the duty of said board together with the county commissioner to make up a tax rate for said county in the manner as now prescribed by law. Each member of said board of directors shall receive as compen sation for his services the sum of $20.00 per day. No member of said board shall have the right of competing in any bids of any kind for supplies or otherwise either by himself, his firm or a corporation of which he is a member. And in violation of this sec tion he shall be punished as for a misdemeanor. It shall further be the duty of said board of directors to assist the county commis sioner in making up his report to be submitted to the grand jury of said county which shall be done at the fall term of the superior court each year. Said board of directors shall hold their office for one year or until their successors are appointed and qualified. Be fore entering upon their duties of said office said board shall take the following oath before the ordinary of said county, to wit: 'We, and each of us, do solemnly swear that we will fairly and faithfully discharge the duty of our office to the best of our ability, so help us God.' "
By renumbering the present Section 2 as Section 3.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
720
JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and adopted:
HR 179. By Mr. Mauney of White:
A RESOLUTION
Congratulating Honorable Charles N. Maloof; and for other pur poses.
WHEREAS, Honorable Charles N. Maloof, a resident of White County and former Mayor of the City of Helen has recently retired from Public Office after serving over 25 years as Mayor of the City of Helen; and
WHEREAS, he has always been interested in the welfare of White County and has rendered many acts of kindness and consideration to the citizens of this county; and
WHEREAS, through his diligent efforts he has been instrumental in stimulating the growth and development of White County in all areas of community life; and
WHEREAS, these kindnesses, untiring and diligent efforts are not limited only to White County, but extend and are recognized through out the State; and
WHEREAS, he has now retired from public office in the City of Helen; and
WHEREAS, a new highway bridge across the Chattahoochee River has recently been completed in the City of Helen.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby extended to Honorable Charles N. Maloof upon his completion of over 25 years as Mayor of the City of Helen and that this new bridge which crosses the Chattahoochee River in the City of Helen be named and forever known as the "Charles N. Maloof Bridge".
BE IT FURTHER RESOLVED that a plaque be erected and at tached to this bridge showing the name of the bridge to be "Charles N. Maloof Bridge".
HR 180. By Mr. Smith of Grady:
A RESOLUTION
Expressing regrets at the passing of Mrs. Richard E. Lee; and for other purposes.
THURSDAY, FEBRUARY 18, 1965
721
WHEREAS, Mrs. Richard E. Lee of Concord, Pike County, Georgia, the mother of Representative Fred S. Lee of Pike County, passed away of February 7, 1965; and
WHEREAS, Mrs, Lee was active in the affairs of her community and beloved by all; and
WHEREAS, her passing is a great loss to her friends and her community and to the many friends of her distinguished son, Repre sentative Fred S. Lee;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Mrs. Richard E. Lee and the sincerest sympathy of all the members of this body is hereby extended to the members of her family and, in particular, to her son, Representative Fred S. Lee.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to Representative Fred S. Lee.
HR 181. By Mr. Hull of Richmond:
A RESOLUTION
Commending Gerald B. Robins; and for other purposes.
WHEREAS, Gerald B. Robins, the President of the Augusta Col lege, has served with distinction as the president of said college from its early days as a small segment of the University System of Georgia to its present position as one of the state's outstanding higher educa tion institutions; and
WHEREAS, the outstanding achievements and progress made by the Augusta College has been due principally to the energetic resources of this distinguished and outstanding administrator and educator; and
WHEREAS, it is only befitting and proper that this body recognize the contributions of this outstanding Georgian to the educational facili ties of our state and his fine accomplishments in the field of higher education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Dr. Gerald B. Robins, President of the Au gusta College, is hereby commended for his many outstanding contri butions to the citizens of this state.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and instructed to transmit an appropriate copy of this Resolution to Dr. Gerald B. Robins.
722
JOURNAL OF THE HOUSE,
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 182. By Mr. Hull of Richmond:
A RESOLUTION
Creating a committee to study the laws relating to the rules of civil and criminal procedure; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives is authorized to ap point a committee to be composed of not more than 8 members of the House of Representatives for the purpose of studying, amending and revising the present laws of this State in regard to the rules of civil and criminal procedure. The committee is authorized to hold hearings and to study all matters relative to the aforesaid purposes. The com mittee is authorized to employ not more than 3 persons, who are skilled in legislative drafting and who are experts in the field of civil and criminal procedure, both state and federal. The committee is further authorized to employ a clerical assistant who shall assist the committee in its study. The members of the committee shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The personnel authorized to be employed by the committee shall receive such compensation as shall be fixed by the committee which, however, shall not exceed that compensation received by the legislative members of the committee. The committee shall make a report of its findings and recommendations on or before January 10, 1966, on which date the committee shall stand abolished. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.
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 313. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act establishing a State Commission on Aging, so as to provide for an additional member of the State Commission on Aging, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 18, 1965
723
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 Arnsdorff Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Branch Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. P. Colwell Conger Davis DeVane Dickinson Dollar Doster Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. B. Henderson Houston
Howell Hudgins Hull Hutchinson Jones, G. Paul Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill)
Leonard Lewis, E. B. Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, D. R.
Mauney McClelland McCracken McKemie McRae Melton Merritt Minge Mixon Moate Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Odom Otwell Overby Pafford Page Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pickard Pope Reaves Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell
Savage Sewell Simkins Simmons Simpson Singer Smith, J. R.
Snow Spikes Spillers Stalnaker Story Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson
Voting in the negative was Mr. Brackin.
Those not voting were Messrs.:
Alien Bagby
Bedgood Bowen, R. L.
Brantley Brinkley
724
Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Bynum Caldwell Chandler Coker, R. Collins, M. Conner Crowe Dailey Dean DeLoach Dixon Dorminy Duncan, A. C. Duncan, V. W. Etheridge Flynt Hale Hall Harrell Harrington Harris, R. W.
JOURNAL OP THE HOUSE,
Herndon Holder Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, P. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Lambert Lane Lee, F. S. Lovett Matthews, C. Mauldin McDaniell Milhollin Mitchell Moore, Don C. Murphy Nessmith, P.
Newton, D. L. Oglesby Paris Poss Potts Rainey Reid Roberts Roper Shea Shuman Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Steis Strickland Sweat Tabb Ware White Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 312. By Mr. Walker of Lowndes: 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", so as to reduce the size of the package in which distilled spirits or alcoholic beverages may be sold, and for other purposes.
The report of the Committee, which was favorable to the passage of th 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.:
Bedgood Jones, M. Matthews, C.
Oglesby Pickard Shuman
Walker White
THURSDAY, FEBRUARY 18, 1965
725
Those voting in the negative were Messrs.:
Acree Alien Anderson Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Davis Dean DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Fulford Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Holder Howell Hudgins Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight, D. W. Laite Lambert Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, D. R. Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Overby Pafford Page Paris Parker Perry
Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Rowland Rush Savage Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Watkins
Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Abney Arnsdorff Bagby
Balkcom Bowen, R. L. Branch
Brantley Brooks, Geo. B. Brooks, Wilson
726
Brown, Gene Busbee Clarke, H. G. Coker, R. Conger Conner Dailey DeLoach Dorminy Doster Floyd Flynt Gary Hale Hall Houston
JOURNAL OF THE HOUSE,
Hutchinson Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, W. D. Lane Lee, W. J. (Bill) Looper Maddox Mauldin Melton Mitchell Moate Moore, J. H. Newton, D. L.
Odom Poss Rogers, Jimmie Roper Russell Sewell Shea Smith, V. T. Snow Strickland Thomas Tucker, Ray M. Ware Wells Wilson Mr. Speaker
On the passage of the Bill, the ayes were 8, nays 139.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Messrs. Newton of Colquitt, Sewell of Chatham, Clarke of Monroe, Shea of Chatham and Smith of Whitfield 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 "Nay" on HB 312.
Mr. Odom 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 HB 312.
HR 116-149. By Mr. Richardson of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authorities of the various counties and municipalities to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, FEBRUARY 18, 196B
727
SECTION 1
Article XI of the Constitution is hereby amended by adding at the end thereof a new section to be numbered Section III and to read as follows:
"Section III. Paragraph 1. County Planning and Zoning. The governing authority of each county is empowered to enact for unin corporated areas of the county appropriate planning and zoning ordi nances for public safety, historic, health, business, residential and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunc tion with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning com mission.
"Paragraph II. Municipal Planning and Zoning. The governing authority of each municipality is empowered to enact appropriate plan ning and zoning ordinances for public safety, historic, health, business, residential or recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other municipalites and counties of this State and adjoining states. The General Assembly is hereby au thorized to provide by law for such joint planning and zoning com missions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such plan ning commission."
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:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authorities of the various counties and
NO ( ) municipalities to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
728
JOURNAL OF THE HOUSE,
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brown, Gene Brown, M. P. Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Crowe Davis Dean DeVane Dickinson Dollar
Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett
Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Minge Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, L. L. Pope Potts Rainey Reid Rhodes
THURSDAY, FEBRUARY 18, 1965
729
Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman
Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spillers Stalnaker Steis Story Thomas
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson Wiggins Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Herndon
Leonard
Those not voting were Messrs.:
Bagby Ballard Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Caldwell Collins, M. Conner Dailey DeLoach Dixon Dorminy Etheridge Flynt Hale Hall Harris, J. F.
Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Lane Lee, G. B. Lewis, P. B. Matthews, D. R, Melton Milhollin Mitchell Mixon Moore, J. H. Nessmith, P. Newton, D. L. Pafford
Phillips, G. S. Pickard Poss Reaves Smith, A. B. Smith, G. L. II Smith, J. R. Spikes Strickland Sweat Tabb Vaughan, D. N. Walker Ware Wells White Williams, G. J. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 143, nays 2.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HB 73. By Messrs. Williams and Overby of Hall, and many others:
A Bill to be entitled an Act to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fee for certain classes of commercial feeding stuffs, so as to change the amount of the inspection fee, and for other purposes.
730
JOURNAL OP THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend Code Section 42-205, relating to the imposition of an inspection fee, tax stamp denominations and exemptions for inspection fees for certain classes of commercial feeding stuffs, as amended, particularly by an Act approved March 3, 1953 (Ga. Laws 1953, Jan.-Peb. Sess., p. 418), and an Act approved March 27, 1956 (Ga. Laws 1956, p. 293), so as to change the amount of the fee due under the inspection fee; to remove all references to tax stamps; to remove certain provisos relating to exemptions from inspection fees; to insert additional exemptions to certain classes of commercial feeding stuffs; to provide a method of waiver in regard to the inspection and inspection fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 42-205, relating to the imposition of an inspection fee, tax stamp denominations and exemptions for inspection fees for certain classes of commercial feeding stuffs, as amended, particularly by an Act approved March 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 418), and an Act approved March 27, 1956 (Ga. L.aws 1956, p. 293), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 42-205 to read as follows:
"42-205. Each manufacturer, manipulator, importer, jobber, agent or seller of any concentrated feeding stuff shall pay to the Commissioner of Agriculture an inspection fee of 20 cents per ton of such concentrated feeding stuffs sold or offered or exposed for sale. The inspection fee on cottonseed meal shall be 10 cents per ton. The inspection fee shall not apply to cottonseed hulls, hays and straws, whole seeds and grains and seeds not mixed with other sub stances, but sold separately as distinct articles of commerce. Should any such material otherwise exempt be mixed or adulterated with any substance for the purpose of sale, the package in which it is contained, or in which it is offered for sale, shall have plainly marked or indicated thereon the true composition of the mixture or the character of the adulteration. Whenever the manufacturer, importer, or jobber of a concentrated feeding stuff shall have filed the statement named in Section 42-202, and paid the inspection fee, no agent or seller for said manufacturer, importer, or jobber shall be required to file such statement or pay such fee. If a fee has previously been imposed on a concentrated commercial feeding stuff used as a supplement or base, then the amount paid shall be de ducted from the gross amount of the fee due on the total feeding stuff produced; provided, however, that the provisions of this chap ter shall not apply to any feeding stuffs that have been manufac tured or produced by any person, partnership, firm or corporation for the purpose of feeding his, their, or its own domestic animals, livestock or poultry. Provided, further, that there shall be no in spection whenever a purchaser of commercial feeding stuffs desires
THURSDAY, FEBRUARY 18, 1965
731
to waive the inspection of feed in regard to a particular manufac turer, seller or producer of commercial feed and the manufacturer, seller, or producer agrees to have the inspection waived. This waiver shall be in writing signed by both parties and filed with the Department of Agriculture. Any time after the waiver is on file, either party to said waiver may direct that the Department of Agriculture shall withdraw this waiver. The directive for with drawal of the waiver shall also be in writing. Until such a directive is filed with the Department of Agriculture the waiver shall be in full force, no inspection shall occur, and no inspection fee imposed."
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
Arnsdorff Balkcom
Ballard Barber Beck Bedgood Black
Blair Blaloek Bolton Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell
Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Colwell Conger Crowe
Dean DeVane
Dickinson Dixon Dollar Doster Duncan, A. C.
Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
Houston Howell Hudgins
Hull Hutchinson
Irvin Jessup Johnson, B. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R.
732
JOURNAL OP THE HOUSE,
Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry
Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Sewell Shea Shuman Simkins Simmons Simp son Singer Smith, Chas. C. Smith, E. B., Jr.
Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Anderson Bagby , Bowen, J. 0. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Clarke, H. G. Conner Dailey Davis Deloach
Dorminy Etheridge Flynt Hale Hall Johnson, Dr. A. S. Jones, F. C. Jordan, W. H. Kelly Lane Lee, G. B. Lovett Mauldin
Melton Moore, J. H. Nessmith, P. Poss Rodgers, H. B. Savage Smith, A. B. Smith, G. L. II Strickland Walker Ware Wilson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Clarke of Monroe stated that he would like to be recorded as voting "Nay".
THURSDAY, FEBRUARY 18, 1965
733
Mr. Dean of Polk 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 73.
HB 58. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide that service performed by a li censed real estate salesman for remuneration solely by way of commis sion shall not be deemed "Employment" within the meaning of said act, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Bagby Balkcom Barber Beck Blair Blalock Bolton Bowen, J. 0. Brantley Brinkley Brown, M. P. Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Conger Crowe Dean Dixon Dollar Duncan, A. G. Duncan, V. W. Dunwody Farrar Gary Grahl Griffis
Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Hull Hutchinson Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lee, G. B. Leonard Lewis, E. B. Lowrey Luke Maddox Matthews, D. R. McClelland McCracken McDaniell Merritt Milhollin Mixon Moate Moses Newton, D. L. Odom
Pafford Page Paris Phillips, G. S. Pickard Pope Reid Richardson Rogers, Jimmie Ross Sewell Shea Simkins Smith, A. B. Smith, V. T. Spikes Spillers Story Sweat Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
734
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.
Acree Ballard Brackin Coker, G., Dr. Collins, J. F. Colwell Dickinson Evans Floyd Holder Houston Irvin Knight, D. W. Knight, W. D. Lee, F. S.
Lewis, P. B. Looper Lovett Mauney Mitchell Moore, Don C. NeSmith, J. D. Oglesby Otwell Perry Peterson Potts Roberts Roper Rowland
Russell Savage Shuman Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Stalnaker Steis Tabb Thomason Underwood White Wilson
Those not voting were Messrs.:
Alien Anderson Arnsdorff Bedgood Black Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Carr Coker, R. Collins, M. Conner Dailey Davis Deloach DeVane Dorminy Doster Etheridge Flynt Fulford
Griffin Hall Herndon Howell Hudgins Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Lambert Lane Lee, W. J. (Bill) Marshall Matthews, C. Mauldin McKemie McRae Melton Minge Moore, J. H. Murphy
Nessmith, P. Newton, A. S. Overby Parker Phillips, L. L. Poss Rainey Reaves Rhodes Rodgers, H. B. Rush Simpson Singer Smith, G. L. II Snow Strickland Thomas Walker Ware Wells Woodward Mr. Speaker
On the passage of the Bill, the ayes were 92, nays 44.
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 that the House reconsider its action in failing to give the requisite constitutional majority to HB 58.
THURSDAY, FEBRUARY 18, 1965
735
Under the General Order of Business, the following Bills of the House were again taken up for consideration:
HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of Superior Court Emeritus, so as to provide for the appointment as Judge Emeritus of certain former judges who are totally disabled, and for other purposes.
The following amendment was read and adopted:
Mr. Ross of Lincoln moves to amend HB 144 as follows: By inserting in Section 2 of said Act the word "State" in the third line of said Section 2 between the words "any'' and "law".
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
Arnsdorff Bagby Balkcom Beck Blair
Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brown, M. P. Busbee Bynum Byrd
Caldwell Carr
Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. P. Colwell
Crowe
Davis Dean DeVane Dickinson Dollar
Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Gary Grahl Griffin
Harrell Harrington
Harris, J. F. Holder
Houston Howell Hudgins Hull
Hutchinson
Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C.
Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey
Luke Maddox
Marshall Matthews, D. R.
Mauldin Mauney McClelland McCracken
736
JOURNAL OF THE HOUSE,
McKemie McRae Merritt Milhollin Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Page Paris Parker Perry Peterson
Phillips, G. S. Phillips, L. L. Potts Rainey Reaves Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Smith, E. B., Jr.
Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker
Steis Story Thomason Tidwell Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Williams, G. J. Williams, W. M. Wilson Wright Mr. Speaker
Those voting in the negative were Messrs.:
Parrar Griffis
Knight, W. D. Oglesby
Tucker, Ray M. Wiggins
Those not voting were Messrs.:
Abney Alien Anderson Ballard Barber Bedgood Black Blalock Bolton Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Chandler Collins, M. Conger Conner Dailey Deloach Dixon Dorminy Etheridge Flynt Fulford
Hale Hall Harris, J. R. Harris, R. W. Henderson Herndon Jessup Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W. Lane Leonard Lovett Matthews, C. McDaniell Melton Minge Mitchell Moore, J. H. Nessmith, P.
Pafford Pickard Pope Poss Reid Rhodes Roper Simpson Singer Smith, A. B. Smith, Chas. C. Smith, V. T. Snow Strickland Sweat Tabb Thomas Tucker, J. B. Walker Ware White Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 128, nays 6.
THURSDAY, FEBRUARY 18, 1965
737
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Barber of Jackson 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".
HB 13. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value, and for other purposes.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 13 by adding at the end of section 1 as follows: Nothing contained in this Act shall be held to dispense with the element of criminal intent.
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 Barber Beck Black Blair Blalock Brackin Brantley Brinkley Brown, M. P. Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G.
Coker, G., Dr. Collins, M. Colwell Conger Crowe Davis Dean Dollar Duncan, A. C. Dunwody Evans Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B.
738
JOURNAL OF THE HOUSE,
Looper Lovett Lowrey Luke Maddox Marshall McClelland McCracken McKemie McRae Merritt Milholiin Minge Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Reaves Reid Richardson Rogers, Jimmie Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons
Those voting in the negative were Messrs.:
Anderson Bagby Dickinson Jessup
Jordan, Ben C. Leonard Moore, J. H.
Those not voting were Messrs.:
Balkcom Ballard Bedgood Bolton Bowen, J. O. Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Chandler Coker, R. Collins, J. P. Conner Dailey Deloach DeVane Dixon Dorminy Doster Duncan, V. W. Etheridge Farrar
Floyd Flynt Hale Hall Herndon Hudgins Hull Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Lane Lee, W. J. (Bill) Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell Melton Mitchell Moate Nessmith, P. Page
Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Steis Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Roberts Stalnaker Underwood
Peterson Pickard Poss Potts Rainey Rhodes Rodgers, H. B. Roper Ross Simpson Singer Smith, A. B. Smith, G. L. II Smith, J. R. Story Strickland Sweat Thomas Walker Ware White Woodward Mr. Speaker
THURSDAY, FEBRUARY 18, 1965
739
On the passage of the Bill, as amended, the ayes were 123, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, and others:
A Bill to be entitled an Act to amend Code Section 24-2727 relating to fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals, and for other purposes.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 169 as follows: By striking wherever the same shall appear the following: "a fee of three dollars ($3.00)",
and inserting in lieu thereof the following: "a fee of fifteen dollars ($15.00)".
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 Barber Black Blair Blalock Bolton Bowen, J. 0. Brinkley Busbee Bynum Byrd Caldwell Carr Clark, J. T.
Clarke, H. G. Coker, G., Dr. Colwell Conger Crowe Davis Dean Dickinson Dollar Etheridge Evans Fulford Grahl Griffin Harrell
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Hull Hutchinson Irvin Jessup Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kelly
740
Knight, D. W. Lambert Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McClelland McCracken Melton Merritt Mitehell Moate Moore, Don C. Moore, J. H. Moses Murphy
JOURNAL OF THE HOUSE,
Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea
Simkins Simmons Singer Smith, A. B. Smith, Chas. C. Smith, V. T. Spikes Spillers Steis Story Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.:
Anderson Bagby Balkcom Beck Bowen, R. L. Brantley Brown, M. P. DeVane Duncan, A. C. Duncan, V. W. Hudgins
Johnson, Dr. A. S. Jordan, Ben C. Knight, W. D. Lee, F. S. Leonard McDaniell McRae Milhollin Minge Mixon
NeSmith, J. D. Parker Perry Simpson Smith, E. B., Jr. Smith, J. R. Stalnaker Sweat Underwood White
Those not voting were Messrs.:
Abney Arnsdorff
Ballard Bedgood Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Chandler Coker, R. Collins, J. F. Collins, M. Conner
Dailey Deloach Dixon Dorminy Doster Dunwody
Farrar Floyd Flynt
Gary
Griffis Hale Hall Harrington
Herndon Howell Jones, F. C. Jordan, W. H. Laite
Lane Lee, W. J. (Bill) Mauldin McKemie Nessmith, P.
Newton, A. S. Peterson
Phillips, G. S. Pickard
THURSDAY, FEBRUARY 18, 1965
741
Poss Rainey Rodgers, H. B. Rogers, Jimmie Shuman
Smith, G. L. II Snow Strickland Tabb Tucker, J. B.
Walker Ware Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 117, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mrs. Harry B. Williams, Jr., member of the State Election Board presented Karen Dahlery, Women's Secretary, Social Democratic Party of Denmark to the members of the House.
Under the provisions of House Rule 76, the following communication was received form Honorable Jack Etheridge of Fulton County:
A REMONSTRANCE OF REP. ETHERIDGE OF FULTON COUNTY
February 18, 1965
On yesterday, the House engaged in debate on reapportionment. It was as basic and as important as was the debate concerning the countyunit system only a few years ago.
Surely it must be obvious now that if the members of the General Assembly again engage in frenzied and unrealistic efforts to protect and perpetuate the inequities of a by-gone era our Federal courts will of necessity, again be required to take a part in the matter. However some might desire preferential treatment, or desire our courts to close their eyes to discrimination in any form, this cannot be tolerated in a nation which has found its glory and greatness in the equal protection of the laws.
Hence, in our debate as to how to best reapportion this State, par ticularly where such deliberation must perforce be held in a body of 205 members, only the highest, most responsible leadership should be tolerated.
A few arguments in favor of HB 281 were therefore, for me, greatly disheartening. I believe they were a severe blow to reasoned and re sponsible consideration of the subject. I cannot sit idly by without at least an expression of protest at the method some choose to employ. They were not only offensive and abusive to what is in the best interest of this State, but it bodes ill for the future prospect for thoughtful, constructive consideration of reapportionment.
742
JOURNAL OF THE HOUSE,
Let it be marked well that one speaker, a man to whom the people of this State have bestowed honor and acclaim, chose to pit rural against urban interests, he chose to incite the members of the House against the urban areas of this State. He chose, by innuendo and by the well prac ticed art of oratorical fervor, to take the low road.
Let it be noted well that his text was not how we could reapportion this House for the maximum benefit of all the people of this State, but how the mal-apportioned status quo could best be maintained. His theme was based upon the charge, made implicitly and with particulari ty, that something evil would come if the urban areas of this State have a voice in its affairs.
The tired refrains of Georgia's past political leaders have con sistently forced the courts to come to the aid of Georgia citizens. Such leadership as was afforded by some of yesterday's speeches has con sistently deprived this General Assembly of the ability to constructively meet its own problems.
Mr. Speaker. It is with deep regret that I feel it my duty to object to the tactics of some who are state political leaders. We have been torn asunder too long in this House by such studied and ruthless efforts to divide us. I do not believe they spoke the true sentiments of most of our colleagues in this House.
I do not see Georgia as composed of Two-Armed Camps and I de plore with all my heart the efforts either knowing, or in ignorance, made by those from either the rural or urban areas of this State, which would lead to any such division of our people.
If ever the leaders of Georgia government, and the members of the General Assembly, must be large-minded, and unselfish, it is now. This is a distressing and difficult time for many. It will be hard to look calmly and candidly at our need to change. I hope our legislative leaders will not succumb to the easy, but hopeless ways of the past as we under take now to meet this exceedingly difficult problem.
Mr. Lee of Clinch arose on a point of personal privilege and addressed the House.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
FRIDAY, FEBRUARY 19, 1965
743
Representative Hall, Atlanta, Georgia Friday, February 19, 1965
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 ofered by Rev. William Kitchens, Jr., Pastor Bethel Baptist Church, Statesboro, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of 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.
r" 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. Bolton of Spalding asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and recom mitted to the Committee on Ways and Means:
HB 339. By Messrs. Bolton of Spalding, Hale of Bade and Steis of Harris: A Bill to be entitled an Act to amend an Act pertaining to the regis-
744
JOURNAL OP THE HOUSE,
tration and licensing of motor vehicles, so as to provide that the tax commissioners shall be the agent of the State Revenue Commissioner for the purpose of accepting applications and the registration of motor vehicles; and for other purposes.
The consent was granted and HB 339 was recommitted to the Committee on Ways and Means.
Mr. Harris 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 House:
HB 58. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of com mission shall not be deemed "employment" within the meaning of said Act; and for other purposes.
The consent was granted and the House has reconsidered.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 410. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Jefferson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 411. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to repeal an Act entitled "An Act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or hereafter provided by the general laws of the State; and for other purposes.
Referred to the Committee on Local Affairs.
HB 412. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act entitled "An Act to fix
FRIDAY, FEBRUARY 19, 1965
745
the compensation for the members of the Board of Roads and Reve nues of Jefferson County", so as to provide the maximum compensation that may be fixed by said Board for the member of said Board who is the Chairman thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HB 413. By Messrs. Griffis of Cook and Colwell of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize the State Highway Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith", so as to authorize the State Highway Department to construct and maintain airports and landing facilities; and for other purposes.
Referred to the Committee on Highways.
HB 414. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend Code Section 27-903, relating to the number of times a person may give bail, so as to clarify the pro visions of said Code Section; and for other purposes.
Referred to the Committee on Judiciary.
HB 415. By Mr. Singer of Stewart:
A Bill to be entitled an Act to supplement the fee compensation of the clerk of the superior court of Baldwin County by a monthly salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 416. By Mr. Singer of Stewart:
A Bill to be entitled an Act to place the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 417, By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to change the fees of the Secretary of State for receiving an appli cation to amend the charter of an insurer and for receiving a petition for renewal of the charter for an insurer; and for other purposes.
Referred to the Committee on Insurance.
746
JOURNAL OF THE HOUSE,
HB 418. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary procedure for involuntary hospitalization of a mentally ill person, so as to provide that the ordinary may order the sheriff of such county to take the alleged mentally ill person in custody for certain reasons; and for other purposes.
Referred to the Committee on Judiciary.
HR 183-418. By Mr. McClelland of Fulton:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 419. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the Mayor and Council, and the various departments thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HB 420. By Messrs. Herndon of Appling, Thomas of Wayne, Smith and Harris of Glynn, Smith of Camden and Conner of Jeff Davis:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 421. By Messrs. Dixon and Sweat of Ware and Houston of Pierce:
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 Special Judiciary.
HB 422. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee:
A Bill to be entitled an Act to repeal an Act entitled "An Act providing
for an excise tax on all oleomargarine containing any fat and/or oil
ingredient other than any of the following fats and/or oils, namely:
Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle,
:
neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil,
soya bean oil, or milk fat"; and for other purposes.
Referred to the Committee on Ways and Means.
FRIDAY, FEBRUARY 19, 1965
747
HB 423. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Section 27-901 of the Code of Georgia, relating to when persons charged with a misdemeanor may be bailed, so as to provide that after a person charged with certain speci fied misdemeanors has previously been convicted or pled guilty to any such specified misdemeanor, it shall be within the discretion of the trial judge to refuse such person bail pending the appeal of such last conviction; and for other purposes.
Referred to the Committee on Judiciary.
HR 184-423. By Mr. Poss of Madison:
A Resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Au thority; 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 390. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend the Act creating a Small Claims Court in Colquitt County and all other counties with population of not less than 33,300 nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Courts; and for other purposes.
HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Cobb County shall be a member and Chairman of such Authority; and for other purposes.
HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the number of council meet ings and to provide compensation to the Mayor and City Council for attendance at such additional meetings; and for other purposes.
HR 174-392. By Mr. Pafford of Lanier: A Resolution proposing an amendment to the Constitution so as to
748
JOURNAL OP THE HOUSE,
provide that the legislative power of the State shall be vested in a unicameral legislative body; to provide for the apportionment of said legislative body as nearly as practicable on the basis of population; and for other purposes.
HB 393. By Messrs. Holder of Dodge, Smith of Telfair, Anderson of Pulaski, Moses of Montgomery, Simpson of Wheeler and Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act placing the Solicitor General of the Oconee Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other purposes.
HB 394. By Messrs. Paris of Barrow. Murphy of Haralson, Milhollin of Coffee, Overby and Williams of Hall, Lee of Clinch and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes.
HB 395. By Messrs. Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act placing the solicitor gen eral of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensa tion of the solicitor general; and for other purposes.
HB 396. By Messrs. Harris and Parrar of DeKalb:
A Bill to be entitled an Act to amend an Act approved February 25, 1949, providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes.
HB 397. By Messrs. Farrar, Harris and Bowen of DeKalb:
A Bill to be entitled an Act to amend an Act approved February 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said Court; and for other purposes.
HB 398. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes.
FRIDAY, FEBRUARY 19, 1965
749
HR 176-398. By Mr. Smith of Emanuel:
A Resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes.
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch, Pope of Cherokee, Dean of Polk, Brown of Hart, Williams of Coffee, Bedgood of Clarke, Brooks of Fulton, Johnson of Warren, Gary of Clayton and many others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain mem bers of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes.
HB 400. By Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the City of Dalton, so as to formulate a schedule of personnel organization for the police and fire departments of the City of Dalton; and for other purposes.
HB 401. By Messrs. Luke, Hull and Simkins of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes.
HB 402. By Messrs. Luke, Simkins and Hull of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the City Council shall be 5' 7%"; and for other purposes.
HB 403. By Messrs. Luke, Simkins and Hull of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a mem ber of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes.
750
JOURNAL OF THE HOUSE,
HB 404. By Messrs. Etheridge of Fulton and Pope of Cherokee:
A Bill to be entitled an Act to amend Code Section 92-1404, relating to the distribution of motor fuel taxes to counties, so as to require from each county an accounting of the expenditure of those funds distributed to them; and for other purposes.
HB 405. By Mr. Smith of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, Georgia, by granting the Mayor and Council of said City the power and authority to adopt an ordinance authorizing the use of vot ing machines for recording and computing the vote at all city general and special elections held in the city; and for other purposes.
HB 406. By Mr. Strickland of Evans:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Evans County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 407. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide that the policy of the State Board of Education relating to work hours and work days for all teachers which was in effect at the beginning of the 1963-64 school year is hereby ratified and confirmed; and for other purposes.
HR 177-407. By Mr. Laite of Bibb:
A Resolution proposing an amendment to the Constitution so as to prescribe additional duties for the Lieutenant-Governor in connection with the Department of Industry and Trade; and for other purposes.
HB 408. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to place the sheriff of Rabun County upon an annual salary; and for other purposes.
HB 409. By Mr. Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Colquitt County, so as to change the amount of the bond of the Chairman of the Board of Commissioners; and for other pur poses.
SB 2. By Senator Gordy of the 15th: A Bill to be entitled an Act to provide for the licensing and regulating
FRIDAY, FEBRUARY 19, 1965
751
of the business of selling, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; and for other purposes.
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission; and for other purposes.
SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th: A Bill to be entitled an Act to create the Georgia Higher Education Assistance Corporation; and for other purposes.
SB 34. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend an Act dealing with appointment of members of the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council; and for other purposes.
SB 64. By Senators Maclntyre of the 40th, Salome of the 36th, 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 Roswell, so as to change the corporate limits of said city; and for other purposes.
SB 70. By Senator Downing of the 1st:
A Bill to be entitled an Act to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes.
SB 76. By Senators Hall of the 52nd, Lee of the 47th and Noble of the 19th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide for the arrest and bail under certain circumstances of a conditional releasee, who violates the terms of his conditional release; and for other purposes.
SB 79. By Senators Thompson of the 34th, Coggin of the 35th, Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act entitled "College Park
752
JOURNAL OF THE HOUSE,
City Charter Amendment", with reference to city employees pension plan; and for other purposes.
SB 80. By Senators Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, with reference to pension benefits for employees; and for other purposes.
SB 65. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 84-207, relating to certification of accountants, so as to change the qualifications required applicants for certification as certified public accountants; and for other purposes.
Mr. Pope of Cherokee County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 252. Do Pass.
Respectfully submitted,
Pope of Cherokee, Chairman.
Mr. Tucker of Catoosa 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 389. Do Pass by Substitute.
HB 388. Do Pass as Amended.
FRIDAY, FEBRUARY 19, 1965
753
HB 351. Do Pass. HB 352. Do Pass. HB 353. Do Pass. HB 361. Do Pass. HB 362. Do Pass. HB 364. Do Pass. HB 365. Do Pass. HB 368. Do Pass. HB 369. Do Pass. HB 370. Do Pass. HB 371. Do Pass. HB 379. Do Pass. HB 380. Do Pass. HB 382. Do Pass. HB 385. Do Pass. HB 363. Dp Pass. HB 372. Do Pass.
Respectfully submitted,
Tucker of Catoosa, 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 Resolution of the House to wit:
HB 205. By Mr. Ross of Lincoln:
A Bill to amend an Act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes.
HB 211. By Mr. Bowen of Dooly: A Bill to abolish the present mode of compensating the clerk of the
754
JOURNAL OF THE HOUSE,
superior court, the sheriff and the ordinary of Dooly County, known as the fee system; and for other purposes.
HB 215. By Messrs. Matthews and Bedgood of Clarke:
A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the Mayor and Council by ordi nance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes.
HB 253. By Mr. Lewis of Wilkinson:
A Bill to create a new charter for the City of Gordon, Georgia; and for other purposes.
HB 15. By Messrs. Richardson, Shea and Sewell of Chatham and others:
A Bill to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate, maintain and establish, operate and maintain foreign-trade zones in or adjacent to ports of entry; and for other purposes.
HB 62. By Mr. Dean of Polk:
A Bill to completely and exhaustively revise, supersede and consolidate laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes.
HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun and others:
A Bill to comprehensively and exhaustively revise, supersede and modernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes.
HB 48. By Mr. Etheridge of Fulton:
To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for additional exemptions from the taxes imposed by said Act; and for other purposes.
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the Senate to wit:
FRIDAY, FEBRUARY 19, 1965
755
SB 6. By Senators Lee of the 47th and Pennington of the 45th:
A Bill to amend Code Chapter 84-15, relating to the regulations of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medi cine; and for other purposes.
SB 9. By Senators Broun of the 46th, Lee of the 47th and others:
A Bill to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, as amended, so as to change the punishment for larceny of any automobile, locomobile, motor cycle, etc.; and for other purposes.
SB 28. By Senators Coggin of the 35th and Salome of the 36th:
A Bill to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved Feb. 15, 1952 (Ga. Laws 1952, p. 150,), so as to change the educational requirements for applicants for admission to the practice of law; to repeal conflicting laws; and for other purposes.
SB 38. By Senator Webb of the llth:
A Bill to amend an Act known as the "Georgia Administrative Proce dure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), so as to change certain definitions, correct typographical errors and make tech nical clarifications; and for other purposes.
SB 83. By Senator Kilpatrick of the 44th:
A Bill to amend an Act establishing the charter for the City of Forest Park, Georgia, and the several Acts amendatory thereto; and for other purposes.
SR 7. By Senators Broun of the 46th, Webb of the llth and others:
A Resolution proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures con nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 42. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
756
JOURNAL OF THE HOUSE,
SR 43. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to redefine the power of the General Assembly relative to creating county commissioners; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 61, By Senators Wesberry of the 37th and Edenfield of the 4th: A Resolution commending T. Malone Sharpe; 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 6. By Senators Lee of the 47th and Pennington of the 45th: A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to com pletely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes.
Referred to the Committee on Agriculture.
SB 9. By Senators Broun of the 46th, Lee of the 47th, and Minish of the 48th:
A Bill to be entitled an Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, etc.; and for other purposes.
Referred to the Committee on Judiciary.
SB 28. By Senators Coggin of the 35th and Salome of the 36th:
A Bill to be entitled an Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements for applicants for admission to the practice of law; and for other purposes.
Referred to the Committee on Judiciary.
SB 38. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change certain definitions, correct typographical errors and make technical clarifications; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 19, 1965
757
SB 83. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act establishing the charter for the City of Forest Park, so as to create a department of personnel; and for other purposes.
Referred to the Committee on Local Affairs.
SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to provide home rule for counties; and for other purposes.
Referred to the Committee on Judiciary.
SR 42. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; and for other purposes.
Referred to the Committee on Judiciary.
SR 43. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to define the power of the General Assembly relative to creating county commissioners; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 351. By Mr. Griffin of Glascock:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for election; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE HOUSE,
HB 352. By Mr. Griffin of Glascock:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues of Glascock; and for other purposes.
The report 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 consttiutional majority, was passed.
HB 353. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to abolish the office of coroner of Pulton County, to create the office of Medical Examiner 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 361. By Messrs. Lovett and Knight of Laurens:
A Bill to be entitled an Act to amend an Act providing for the office hours of the Board of Commissioners of Roads and Revenues, the Clerk of the Superior Court, the Tax Commissioner, the Sheriff, and the County School Superintendent of Laurens County, so as to change the hours which said offices shall 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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 19, 1965
759
HB 362. By Mr. Lee of Pike:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Pike County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes.
The report 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 363. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Colquitt County into the Office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 364. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating the City Court of Colquitt County, so as to change the amount of the bond of the 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
760
JOURNAL OP THE HOUSE,
HB 365. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act placing the County Officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt 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 368. By Messrs. Brinkley, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed five hundred dollars 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that Muscogee County shall provide for a permanent Pension Fund for present and future employees, including the City-County Health Department and Elective Salaried Officers, 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 116, nays 0.
FRIDAY, FEBRUARY 19, 1965
761
The Bill, having received the requisite constitutional majority, was passed.
HB 370. By Messrs. Pickard, Jones and Brinkley of Muscogee:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes.
The report 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 371. By Messrs. Pickard, Jones and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-101 of the Code relating to coroners, to provide in counties of a certain population the coroner may appoint, subject to approval, a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes.
The report 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 372. By Messrs. Pickard, Jones and Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 21-105 of the Code relating to fees paid to coroners, to provide for the payment of an annual salary in lieu of fees in counties of a certain population; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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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 379. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to abolish the office of Treasurer of Cobb County, to provide that the Cobb County Comptroller shall perform the duties of said Treasurer; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commissions; and for other purposes.
The report 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 382. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 19, 1965
763
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 385. By Mr. Smith 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. Marys, so as to change the method of filling vacancies on 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 388. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating an amended charter for the town of Willacoochee, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes.
The following committee amendment was read and adopted:
The Committee of Local Affairs moves to amend HB 388 as follows:
By adding in the title immediately before the phrase "to provide the procedure connected therewith", the phrase "to change the com pensation of election managers".
By striking from the last sentence of Section 2, quoted Section 302, the figure "$5.00" and substituting in lieu thereof the figures "$15.00".
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 116, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 389. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act, so as to strike from the first paragraph of Section 18 thereof the words "nor more than 55", so as to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes.
The following Committee substitute was read and adopted:
Substitute for HB 389:
A BILL
To be entitled an Act to amend an Act creating and establishing a new charter for the City of Waycross in the County of Ware, ap proved August 17, 1909 (Ga. Law 1909, p. 1456), as amended, particu larly by an Act approved August 16, 1922 (Ga. Laws 1922, p. 1087), an Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2045), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2374), so as to change the qualifications of the city manager; to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating and establishing a new charter for the City of Waycross in the County of Ware, approved August 17, 1909 (Ga. Laws 1909, p. 1456), as amended, particularly by an Act approved August 16, 1922 (Ga. Laws 1922, p. 1087), an Act approved December 7, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2045), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2374), is hereby amended by striking Section 18 of the amendatory Act of 1922 in its entirety and inserting in lieu thereof a new Section 18 to read as follows:
"Section 18. The city manager shall be the administrative head of the city government. Such manager shall be chosen with out regard to political beliefs, and solely upon the basis of the executive and administrative ability of such person. He shall be a competent businessman of good character and recognized ability. A choice shall not be limited to inhabitants of the city or State, and shall not be less than 25 years of age at the time of his first election.
"The salary of the city manager shall be fixed by resolution of the commission of the City of Waycross.
FRIDAY, FEBRUARY 19, 19G5
765
"The city manager shall be appointed for an indefinite period and shall serve at the pleasure of the commission, subject to re moval by them at any time. During the temporary absence or disability of the city manager, the commission may designate some properly qualified person to discharge his duties.
"Should the position of city manager become vacant for any reason, the commission may appoint some properly qualified per son as acting city manager for a period of not more than six months, which said person shall not be eligible for reappointment as acting city manager. The compensation of the acting city man ager shall be fixed by resolution of the Commission of the City of Waycross and shall be paid by the City of Waycross from the general funds of said City, in the same manner that other salaries of the city officers are paid.
"No member of the commission shall be eligible for appoint ment as city manager or as acting city manager during any term for which he was elected a commissioner, nor for two years there after."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House and Senate were read and adopted:
HE 175. By Messrs. McDaniell, Duncan and Jordan of Cobb, Pope and Coker of Cherokee, Bagby of Paulding, Harris of Bartow and many others:
A RESOLUTION
Urging the construction of an underpass just north of the Lock heed Georgia Aircraft Corporation at the intersection of South Cobb Dr. (Ga. Highway 280) and Fairgrounds Street in Cobb County, Mari etta, Georgia; and for other purposes.
WHEREAS, as a result of a study made by the Traffic Safety Department of the Board of Commissioners of Roads and Revenue, Cobb
766
JOURNAL OF THE HOUSE,
County Police Department and Cobb County Sheriff's Office, that an underpass at said intersection would be feasible and desirable; and
WHEREAS, there have been many accidents and at least one traffic officer killed in this area; and
WHEREAS, there are 18,000 employees who commute from 54 counties and who work at Lockheed Georgia Coorporation; and
WHEREAS, this improvement would serve and promote safety for almost 100 percent of these employees; and
WHEREAS, said Lockheed Georgia Aircraft Corporation con tributes and enhances the economy of said 54 counties in surrounding areas; and
WHEREAS, this underpass would serve to conserve life and prop erty to many other Georgians directly or indirectly affected; and
WHEREAS, this project is not only feasible and necessary but the terrain and elevation lends itself to this conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to commence a study and complete all necessary planning in order to construct an underpass from Fairground Street under South Cobb Drive (Ga. Highway 280) to be completed in the very near future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to submit an appro priate copy of this Resolution to the Georgia Congressional Delegation, to the Director of the United States Bureau of Public Roads, to the Honorable Jim L. Gillis, Director of the Georgia State Highway De partment and to all members of the Georgia State Highway Board.
HR 187. By Messrs. Clarke of Monroe, Tucker of Catoosa and Woodward of Butts:
A RESOLUTION
Congratulating J. R. (Jimmy) Rhodes, Jr. on his 26th birthday; and for other purposes.
WHEREAS, twenty-six years ago tomorrow, February 20th, on which date saw the light of day in the great County of Baker, in the State of Georgia, an infant whose future held for him and his people promise of great things; and
WHEREAS, said infant now has progressed or will have progressed on tomorrow to the age of twenty-six years, and in this brief span of
FRIDAY, FEBRUARY 19, 1965
767
years this infant has progressed to a position in which he has served his county and his State with great distinction; and
WHEREAS, the people of Baker County have shown their great wisdom in the elections held during the years 1962 and 1964 to elect to the House of Representatives of the General Assembly of Georgia that distinguished son of Southwest Georgia, J. R. (Jimmy) Rhodes, Jr.; and
WHEREAS, said Jimmy Rhodes has served well and wisely for both the people of his county and of the State of Georgia in said House of Representatives; and
WHEREAS, said Jimmy Rhodes has, through his outstanding service and willingness to cooperate and assist his fellow members of the House of Representatives, won for himself the undying friendship and devotion of his fellow members.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does extend to said Jimmy Rhodes hearty congratulations and best wishes on his 26th birthday.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to forward an appropriate copy of this Resolution to Honorable J. R. (Jimmy) Rhodes, Jr., Representa tive, Baker County, Georgia.
HR 188. By Messrs. Pafford of Lanier and Knight of Berrien:
A RESOLUTION
Wishing a speedy recovery to Dr. Jimmy Warren Moorman; and for other purposes.
WHEREAS, Dr. Jimmy Warren Moorman has been ill for several months; and
WHEREAS, Dr. Moorman is a graduate of the University of Geor gia and the Medical College of Georgia and is presently completing his internship at the Macon Hospital in Macon, Georgia; and
WHEREAS, Dr. Moorman is the son of Honorable Warren S. Moorman, who served as a member of the Georgia State Senate during 1953-54 and as a member of the House of Representatives for four terms from 1955 through 1962; and
WHEREAS, Dr. Moorman and his lovely wife, the former Mary Carol Smith of Nashville, Berrien County, Georgia, have one daughter, who is the very image of her grandmother, Mrs. Frances Moorman; and
768
JOURNAL OP THE HOUSE,
WHEREAS, it is the wish of the members of this body that Dr. Moorman experience a rapid recovery.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest wishes for a speedy recovery to Dr. Jimmy Warren Moorman so that he might return to his duties at the Macon Hospital.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to forward an appropriate copy of this resolution to Dr. and Mrs. Jimmy Warren Moorman and to Honor able and Mrs. Warren S. Moorman.
HR 189. By Mr. Dixon of Ware:
A RESOLUTION
Expressing best wishes to Larry Bennett and his family; and for other purposes.
WHEREAS, Larry Bennett is presently a patient in Peter Bent Brigham Hospital in Boston, Massachusetts, for the purpose of under going a kidney transplant operation in the near future; and
WHEREAS, Mrs. Annie Mae Bennett, the mother of Larry Ben nett, is to be the donor for such kidney transplant operation; and
WHEREAS, such operations are pioneering a new field of medicine and are providing new hope for the critically ill; and
WHEREAS, the father of Larry Bennett, Mr. Melvin D. Bennett, and Mrs. Bennett are both outstanding Georgians who reside in Millwood, Georgia, in Ware County; and
WHEREAS, Larry Bennett and his family are to be commended for their courage and fine example of family love and devotion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest best wishes to Larry Bennett and his family, and further expresses its profoundest hope that the serious operation which Larry Bennett is soon to undergo shall be successful in every respect.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mr. and Mrs. Melvin D. Bennett.
FRIDAY, FEBRUARY 19, 1965
769
HR 190. By Mr. Williams of Hall:
A RESOLUTION
Authorizing payment of certain secretarial, court reporter and court stenographer services and other services; and for other purposes.
WHEREAS, during the 1965 Session of the General Assembly, cer tain committees were created; and
WHEREAS, said committees were authorized to function during the 1965 Session and during the interim between the first and second portions of the 1965 Session of the General Assembly; and
WHEREAS, certain standing committees were authorized to func tion between the first and second portions of the 1965 Session of the General Assembly; and
WHEREAS, as a result of the committees carrying out the func tions delegated to them pursuant to said resolutions, secretarial, court reporter and court stenographer services were necessary; and
WHEREAS, the use of secretarial supplies, secretarial equipment, sound equipment and other services were also necessary; and
WHEREAS, the resolutions creating said committees or authoriz ing said committees to function made no provision for payment of these services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the chairman of the standing committees authorized to function during the first and second portions of the 1965 Session of the General Assembly and the chairman of committees cre ated during the 1965 Session of the General Assembly authorized to function during the 1965 Session and the interim between the first and second portions of the 1965 Session of the General Assembly are hereby authorized to approve payment for secretarial, court reporter and court stenographer services and to approve payment for secretarial supplies, secretarial equipment, sound equipment and other services performed for said committees.
BE IT FURTHER RESOLVED that the funds necessary for this resolution shall come from funds appropriated to or available to the legislative branch of government and the State Treasurer is hereby authorized and directed to make the payments provided for hereunder subject to the provisions hereof.
770
JOURNAL OF THE HOUSE,
HR 191. By Mr. Lewis of Burke:
A RESOLUTION
Commending Dr. Albert B. Saye and expressing appreciation to him for appearing before the Rules Committee; and for other purposes.
WHEREAS, Dr. Albert B. Saye of the Political Science Depart ment of The University of Georgia sacrificed his valuable time to ap pear before the Rules Committee of the House of Representatives dur ing its public hearings on reapportionment on February 18, 1965; and
WHEREAS, his scholarly remarks were both interesting and en lightening, not only to the members of the Committee but to all mem bers of the General Assembly and the public at large; and
WHEREAS, his vast knowledge of constitutional law and his dedi cation to the principle of States' Rights and to the maintenance of the federal system is known throughout the country; and
WHEREAS, many members of this body are former students of Dr. Saye and have firsthand knowledge of his great ability as a teacher, his scholarship, and his untiring efforts on behalf of constitutional government.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Dr. Saye for his knowledge of and dedication to the principles of constitutional government and expresses its sincere appreciation to him for appear ing before the Rules Committee as a devoted Georgian and widely known expert in the field of constitutional law.
BH IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Dr. Albert B. Saye and the President of the University of Georgia.
SR 50. By Senator Kidd of the 25th:
A RESOLUTION
Concerning the need for the continuation of the Veterans Adminis tration Domiciliary located in Thomasville, Georgia; and for other pur poses.
WHEREAS, it is evident that the true facts concerning the opera tion of the Veterans Administration Domiciliary, located in Thomas ville, Georgia, have not been brought to the attention of the President of the United States; and
FRIDAY, FEBRUARY 19, 1965
771
WHEREAS, members of the Georgia General Assembly have spent many arduous hours of study and fact finding in order to ascertain the true picture in regard to the above mentioned Domiciliary; and
WHEREAS, the President of the United States enjoys the reputa tion of being a great humanitarian and serves as the leader of this nation, the richest and most powerful of any ever established; and
WHEREAS, the reasons given for the proposed closing of this in stallation were low patient demand, difficulty in staffing and outmoded structure; and
WHEREAS, this installation has been operating under full capacity for many years, showing a percentage of accomplishment equal to 102.9 percent; and
WHEREAS, there are 15,000,000 World War II veterans with an average age of 55, the majority of whom have no service-connected disability, but in the next five years, as they grow older and become subject to the diseases and infirmities of old age, numbers of them shall require domiciliary care and therefore, the demand for the services of the Thomasville Domiciliary will increase; and
WHEREAS, those buildings not now being utilized should be renovated with a view to the future needs of these veterans who answered their country's call when they were needed and, as a result of which, many years of their lives were spent in the service of their country resulting in lost earning power and an extreme change in their general wellbeing; and
WHEREAS, it has never been difficult to staff this hospital, there being less turnover in the staff than possibly in any other under the Veterans Administration, and there has always been a waiting list of competent doctors, nurses and other personnel ready to go to work in this installation at any time; and
WHEREAS, the facilities of said Domiciliary have recently been inspected by two different terms from the Veterans Administration and in each case found to be in good, serviceable condition; and
WHEREAS, recent expenditures have resulted in replacing the entire heating system and many new additions have been planned so that in the next three years this installation would be in such condi tion that only a minimum amount of replacements would keep it in excellent operating condition for the next 25 years; and
WHEREAS, on a comparison basis, the cost of operation of this facility is only $5.70 per day per patient, as compared to $6.41 in the like installation in White City, Oregon, $7.44 in Clinton, Iowa; and an average of more than $18.00 per day in most hospitals; and
WHEREAS, at the present time the United States has an invest ment in this hospital and 264 acres of land of approximately $4 million dollars and
72
JOURNAL OF THE HOUSE,
WHEREAS, the climate and the terrain are ideal for the installation to take care of the aged; and
WHEREAS, the recent installation of an emphysema ward, which started as an experiment, has enlarged to the extent where it now takes care of 22 patients and this service is not offered in any other domiciliary and it is doubtful that in the event this installation were to be closed that these men could go elsewhere and receive the same high-quality care since they are not classified as hospital patients; and
WHEREAS, through excellent management and leadership a re habilitation program has been carried on throughout the years whereby these patients have received instruction as hospital aids in plumbing work, electrical work, boiler repair and many other fields, the result of which is that many of these patients have been placed in worthwhile jobs throughout Georgia and the United States; and
WHEREAS, 25 percent of these 772 patients are classified as indi gent and 144 of these patients who now work with the maintenance of the hospital would also fall into this category, if the hospital closes; and
WHEREAS, the average income of all of these patients is less than $75.00 a month and would result in their being classified as be coming eligible to participate in the poverty program; and
WHEREAS, it is well known that there is an acute shortage of vacant hospital beds throughout the country and to thrust this addi tional load upon other hospitals would result in those hospitals having to operate well over capacity, and cause them to expend much additional money for care and for the cost of re-equipping them to meet this new burden; and
WHEREAS, most physicians have observed that were these pa tients moved to a colder climate or to a hospital where they might be required to go outside for meals, medical care and other necessities, a decrease in their life expectancy would result; and
WHEREAS, despite statements by certain federal officials that it is desirable to place all hospitals in cities having a population of more than 25,000, this is not true of domiciliary-type installations; and
WHEREAS, in smaller communities such as Thomasville, the domi ciliary patient becomes a member of the community, belongs to clubs and organizations, makes friends, has a purpose in life and a desire to live, all of which gives him spiritual, physical and mental encourage ment; and
WHEREAS, it has been proposed to open up nursing care beds in order to take care of this type patient but to do so would cost a great deal more than the present cost of this domiciliary care; and
WHEREAS, the typical domiciliary patient is 68 years old, is dis abled principally, has no family, has a low income and has lived in this facility from four to fifteen years.
FRIDAY, FEBRUARY 19, 1965
773
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the continuation of the Veterans Administration Domiciliary, located in Thomasville, Geor gia, and states that this installation is performing an excellent job for the United States and the State of Georgia at a cost far less than would be necessary elsewhere. This body further declares that the re sults of the operation of this Domiciliary are such that it would not be economical to close this facility and attempt to begin another one which would not only be questionable as to its success but which would result in increased costs to the taxpayers of the United States and of this State.
BE IT FURTHER RESOLVED that in order that the President of the United States be informed of the facts and information pro vided in this Resolution, the Secretary of the Senate is hereby directed to submit an appropriate copy of this Resolution to Honorable Lyndon Baines Johnson, President of the United States. The Secretary is also instructed to submit a copy to Honorable Ralph Yarborough, Chairman of the Subcommittee of the Senate Veterans Affairs Committee, to Hon orable Olin E. Teague, Chairman of the Veterans Administration Com mittee of the House of Representatives and to each member of the Georgia Congressional Delegation.
SR 53. By Senator Kendrick of the 32nd:
A RESOLUTION
Expressing regrets at the passing of Dr. William H. Kilpatrick; and for other purposes.
WHEREAS, on February 13, 1965, Dr. William Heard Kilpatrick, one of the outstanding educators of this nation, passed away; and
WHEREAS, Dr. Kilpatrick during his long and distinguished ca reer as an educator was recognized as one of the leading exponents of progressive education, having been principally responsible for the prac tical translation of the philosophic principles of progressive education espoused by John Dewey; and
WHEREAS, Dr. Kilpatrick at the time of his death was Professor Emeritus of the Teachers' College of Columbia University; and
WHEREAS, Dr. Kilpatrick served as the President of Mercer University before moving to Columbia University as a professor of philosophy of education until his retirement in 1938; and
WHEREAS, it is only befitting and proper that this body recognize the many outstanding achievements and contributions made by this distinguished citizen to his state and nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its
774
JOURNAL OF THE HOUSE,
deepest and sincerest regrets at the passing of this outstanding and distinguished citizen.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. W. H. Kilpatrick, the widow of the late Dr. William H. Kilpatrick.
SR 61. By Senators Wesberry of the 37th and Edenfield of the 4th:
A RESOLUTION
Commending T. Malone Sharpe; and for other purposes.
WHEREAS, T. Malone Sharpe is presently serving as the President of the Georgia Junior Chamber of Commerce; and
WHEREAS, this outstanding and distinguished young man has for many years been active in the business, civic and political life of his community and state; and
WHEREAS, during his present tenure as President of the Junior Chamber of Commerce he has demonstrated his outstanding attributes of leadership and administration; and
WHEREAS, he has served in the Junior Chamber of Commerce as local director, state director, local president, district president, state vice-president, state president, national director, international director and in numerous other capacities and has been especially active in encouraging young men to take an interest in governmental affairs; and
WHEREAS, he presently served as a director of the Georgia Mental Health Association, the Georgia State Chamber of Commerce and the Georgia Association for the Prevention of Blindness.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable T. Malone Sharpe, Presi dent of the Georgia Junior Chamber of Commerce is hereby commended and recognized for his many outstanding contributions to this state.
BE IT FURTHER RESOLVED that this body does hereby urge the Honorable T. Malone Sharpe to continue his public service and urges him to seek the vice-presidency of the national Junior Chambers of Commerce at its annual convention to be held in June of this year in Buffalo, New York.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable T. Malone Sharpe.
FRIDAY, FEBRUARY 19, 1965
775
Under the General Order of Business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 56-107. By Messrs. Smith of Grady; Bolton of Spalding; Hale of Dade; Busbee of Dougherty; and Brooks of Fulton:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Gov ernor, dated March 5, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That the Executive Order of the Governor, dated March 5, 1964, which is as follows:
"ORDERED: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is therefore
"ORDERED: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the Gen eral Assembly.
"This 5th day of March, 1964.
Is/ Carl E. Sanders GOVERNOR"
is hereby ratified, approved, and confirmed.
SECTION 2
All laws, or parts of laws, in conflict with this Resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
776
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.
Acree Anderson Arnsdorff Bagby Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brantley Brinkley Brown, Gene Brown, M. P. Bynum Byrd Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Crowe DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Grahl Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Howell Hudgins Hull Hutchinson Irvin Johnson Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Laite Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell
Those voting in the negative were Messrs.:
Abney Alien Balkcom Ballard Barber
Bolton Brackin Branch Brooks, Geo. B. Brooks, Wilson
Pafford
Parker Perry Phillips, G. S. Pope Potts Rhodes Richardson Rodgers, H. B. Rowland Russell Savage Shea Simkins Simnions Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Busbee Caldwell Chandler Clarke, H. G. Colwell
Conger Conner Dailey Davis Dean DeLoach Dickinson Dollar Dorminy Evans Flynt Gary Griffis
Hale Hall Harrington Holder Houston Jessup Johnson, B. Jordan, W. H. Kelly
FRIDAY, FEBRUARY 19, 1965
777
Knight, W. D. Lambert Lane Lee, G. B. Looper McClelland Melton Milhollin Mitchell Moate Moore, J. H. Murphy Odom Overby Paris Peterson Phillips, L. L. Pickard Poss Rainey Reaves Reid
Roberts Rogers, Jimmie Roper Ross Rush Sewell Shuman Smith, A. B. Smith, G. L. II Smith, V. T. Snow Tabb Thomas Vaughn, C. R. Walker Ware Well White Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Messrs. Lane of Bulloch and Barber of Jackson stated 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".
HR 57-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Gover nor, dated May 25, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, Inc. for the equipment of the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
778
JOURNAL OF THE HOUSE,
SECTION 1
That the Executive Order of the Governor, dated May 25, 1964, which is as follows:
"WHEREAS: The Chapel of All Faiths Foundation, Inc., was formed for the purpose of constructing and equipping places of worship for the patients of Milledgeville State Hospital, Milledgeville, Georgia; and
"WHEREAS: The funds for constructing and equipping said places of worship have been derived from contributions from the citizens of the State of Georgia and have been used solely for such purposes and not for the pecuniary gain or profit of any private individual;
"WHEREAS: Upon completion, said places of worship were donated to the State of Georgia for use by the patients of said Hos pital; and
"WHEREAS: There are unpaid sales or use taxes due on the pipe organ, pews and office furniture purchased by the Foundation for use in said places of worship; and
"WHEREAS: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore,
"ORDERED: That the collection of the sales or use taxes due on said pipe organ, pews and office furniture be suspended until the next meeting of the General Assembly.
"This 25th day of May, 1964.
/s/ Carl E. Sanders, GOVERNOR"
is hereby ratified, approved, and confirmed.
SECTION 2
All laws, or parts of laws, in conflict with this Resolution are hereby repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 19, 1965
779
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, M. P. Busbee Byrd Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Crowe DeVane Dixon Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford Grahl Griffin Griffis Harrell Harris, J. F. Harris, R. W. Henderson Herndon Howell
Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Laite Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page
Paris Parker Perry Phillips, G. S. Pope Potts Reaves Rhodes Richardson Roberts Rodgers, H. B. Ross Russell Savage Shea Simkins Simmons Simpson Smith, Chas. C. Smith, J. R. Spikes Spillers Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative was Mr. P. Nessmith.
Those not voting were Messrs.:
Alien Bagby Balkcom Ballard
Bolton Branch Brantley Brooks, Wilson
Brown, Gene Bynum Caldwell Chandler
780
Clarke, H. G. Collins, J. F. Colwell Conger Conner Dailey Davis Dean DeLoach Dickinson Dollar Dorminy Doster Flynt Gary Hale Hall Harrington Harris, J. R. Holder Houston Irvin
JOURNAL OF THE HOUSE,
Johnson, B. Jordan, W. H. Kelly Knight. W. D. Lambert Lee, G. B. Looper Matthews, D. R. McClelland Melton Milhollin Mitchell Moate Moore, Don C. Moore, J. H. Overby Peterson Phillips, L. L. Pickard Poss Rainey Reid
Rogers, Jimmie Roper Rowland Rush Sewell Shuman Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Stalnaker Tabb Thomas Vaughn, C. R. Ware White Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 127, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Nessmith of Bulloch stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as to change the population requirements in order to have said Act apply to certain other 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:
FRIDAY, FEBRUARY 19, 1965
781
Those voting in the affirmative were Messrs.:
Acree Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock
Bowen, J. O. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Crowe Dean DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Fulford Grahl Griffin Harrell Harris, J. F. Harris, R. W. Henderson Herndon Holder
Houston
Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford
Page Paris Phillips, G. S. Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Rodgers, H. B.
Ross Rowland Russell Savage Shea Simkins Simmons Simpson Singer Smith, Chas. C. Spikes Spillers Steis Story Strickland
Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Abney Alien Anderson Bolton Branch Brantley Brooks, Wilson
Brown, Gene Bynum Caldwell Chandler Collins, J. F. Colwell Conger
Conner Dailey Davis DeLoach Dollar Dorminy Doster
782
Etheridge Parrar Flynt Gary Griffis Hale Hall Harrington Harris, J. R. Hudgins Johnson, B. Jones, C. M. Jordan, W. H. Kelly Knight, W. D. Lambert Lane Lee, G. B.
JOURNAL OF THE HOUSE,
Leonard Looper Matthews, D. R. McClelland Melton Milhollin Mitchell Parker Perry Peterson Pickard Poss Rainey Reid Rogers, Jimmie Roper Rush Sewell
Shuman Smith, A. B. Smith, E. B., Jr. Smith, G. L. II
Smith, J. R. Smith, V. T.
Snow Stalnaker
Tabb Thomas Underwood
Ware Wells White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes.
The report of the Committee, which was favorable to the passagee 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.:
Acree Balkcom Barber Bedgood Black Blair Blalock Bowen, J. 0. Brinkley Brown, M. P.
Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Colwell Dixon Duncan, A. C.
Duncan, V. W. Etheridge Farrar Floyd Fulford Griffin Harrell Harris, J. R. Henderson Herndon
FRIDAY, FEBRUARY 19, 1965
783
Houston Howell Hudgins
Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Mauldin Mauney
McDaniell McKemie
Merritt Minge Moate Moses Odom Otwell Overby Pafford Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid Richardson Roberts Savage Shea
Simmons Simpson Singer Smith, Chas. C. Smith, J. R. Spikes Spillers Stalnaker Steis Story Sweat Thomason Tucker, J. B. Underwood Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.
Anderson Arnsdorff Beck Brackin Brantley Caldwell Collins, M. Dickinson Dunwody Grahl Harris, J. F.
Harris, R. W. Jessup Leonard Lewis, E. B. McRae Milhollin Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Page Paris Rodgers, H. B. Ross Smith, A. B. Tucker, Ray M. Vaughan, D. N. Woodward Wright
Those not voting were Messrs.:
Abney Alien Bagby Ballard Bolton Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Chandler Collins, J. F. Conger Conner
Crowe Dailey Davis Dean DeLoach DeVane Dollar Dorminy Doster Evans Flynt Gary Griffis Hale Hall
Harrington Holder Hull Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, G. B. Luke Matthews, D. R. McClelland
784
McCracken Melton Mitchell Moore, Don C. Newton, D. L. Oglesby Parker Pickard Poss Rainey Rhodes
JOURNAL OF THE HOUSE,
Rogers, Jimmie Roper Rowland Rush Russell Sewell Shuman Simkins Smith, E. B., Jr. Smith, G. L. II Smith, V. T.
Snow Strickland Tabb Thomas Tidwell Vaughn, C. R. Ware Wells White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 94, nays 32.
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 289.
HR 48-87. By Messrs. Pope and Coker of Cherokee:
A Resolution to repeal a Resolution authorizing the conveyance of cer tain state-owned properties 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 Acree Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brantley
Brinkley Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell
DeLoach DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford
FRIDAY, FEBRUARY 19, 1965
785
Gary Grahl Griffin Harrell Harris, J. F. Harris, J. E. Harris, R. W. Henderson Holder Houston Howell Hutchinson Irvin Jessup Jones, C. M. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C.
Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Phillips, G. S. Phillips, L. L. Pope Potts
Reid Richardson Roberts Ross Russell Savage Sewell Shea Simpson Singer Smith, Chas. C. Smith, J. R. Spillers Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Anderson Bagby Ballard
Bolton Bowen, R. L. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Caldwell Chandler Conger Conner Crowe Dailey Davis Dean Dollar
Dorminy Doster Flynt Griffis Hale Hall Harrington Herndon Hudgins Hull Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Laite Lambert Lane
Lee, G. B. Luke Matthews, D. R.
McClelland Melton Mitchell Paris Peterson Pickard Poss Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Shuman Simkins Simmons Smith, A. B. Smith, E. B., Jr. Smith, G. L. II
786
JOURNAL OF THE HOUSE,
Smith, V. T. Snow Spikes Stalnaker
Tabb Thomas Walker Ware
Wells White Wilson. Mr. Speaker
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution having received the requisite constitutional majority, was adopted.
HB 248. By Messrs. Rhodes of Baker, Jones of Bibb and others:
A Bill to be entitled an Act to amend Section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, so as to change the number of days prior to the general election within which any candidate required to accompany his notice of candidacy with a nomination petition must file such notice, and for other purposes.
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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Brackin Brantley Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Dean DeVane Dickinson
Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr., A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
Kelly Knight, D. W. Knight, W. D. Laite Lee, P. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, Don C. Moses
Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Otwell Overby Pafford
Page Paris Parker Perry Peterson Phillips, G. S. Pope Reid
FRIDAY, FEBRUARY 19, 1965
787
Rhodes
Roberts Rodgers, H. B. Ross
Rowland Savage Shea Simmons Simpson
Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker
Steis
Story Sweat Thomason
Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N.
Walker Watkins Watson Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs. Evans and Sewell.
Thosa not voting were Messrs:
Alien Anderson Bagby Bolton
Bowen, J. O. Bowen, R. L. Branch
Brinkley Brooks, Geo. B. Brooks, Wilson Bynum
Caldwell Chandler
Conger Conner Crowe
Dailey Davis
DeLoach Dollar Dorminy Floyd Flynt
Griffis Hale Hall Harrington
Herndon Hull Jessup
Johnson, B. Jordan, W. H. Lambert Lane
Lee, G. B. Luke
McClelland Melton Milhollin
Mitchell Moore, J. H.
Oglesby Phillips, L. L. Pickard Poss Potts
Rainey Reaves Richardson Rogers, Jimmie
Roper Rush Russell
Shuman Simkins Smith, Chas. C. Smith, G. L. II
Snow Strickland
Tabb Thomas Vaughn, C. R.
Ware Wells
White Wiggins Wilson Wright Mr. Speaker
On the passage of the Bill, the ayes were 133, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
788
JOURNAL OF THE HOUSE,
Mr. Richardson of Chatham 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."
HB 282. By Messrs. Story and and Watson of Gwinnett: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for 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 Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell DeVane Dickinson Dixon Duncan, V. W. Dunwody
Evans Farrar Floyd Fulford Gary Grahl Griffin Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Page Paris Parker
Phillips, G. S. Pope Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Ross Rowland Savage Sewell
Shea
FRIDAY, FEBRUARY 19, 1965
789
Simmons Simp son Singer Smith, A. B. Smith, Chas. C. Smith, J. R. Smith, V. T.
Spikes Spillers
Steis Story Sweat Thomason Tucker, J. B.
Tucker, Ray M. Vaughan, D. N. Walker Ware Watkins
Watson Wells Wiggins Williams, G. J. Williams, W. M.
Woodward Wright
Those not voting were Messrs:
Alien Balkcom Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Chandler Coker, G., Dr.
Conger Conner Crowe Dailey Davis Dean DeLoach Dollar Dorminy Doster Duncan, A. C. Etheridge
Flynt Griffis Hale Hall Harrell Harrington Hudgins Hull Johnson, B.
Jones, G. Paul Jordan, W. H. Lambert Lane Lee, G. B. Luke McClelland Melton Mitchell Newton, D. L.
Oglesby Perry Peterson Phillips, L. L.
Pickard Poss Potts Rainey Roper Rush Russell Shuman Simkins Smith, A. B. Smith, G. L., II
Snow Stalnaker Strickland Tabb Thomas Tidwell Underwood Vaughn, C. R. White Wilson 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 192. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers markets
790
JOURNAL OF THE HOUSE,
upon which the lessee agrees to construct capital improvements, and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the establish ment of farmers' markets, approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended, particularly by an Act approved February 13, 1956 (Ga. Laws 1956, p. 45), so as to authorize the Commissioners of Agricul ture to enter into leases of land utilized for farmers' markets upon which the lessee agrees to construct capital improvements; to provide that such leased property shall be used for the purchase, storage or sale of agricultural products or other types of food products; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act providing for the establishment of farmers' markets, ap proved February 25, 1935 (Ga. Laws 1935, p. 369), as amended, par ticularly by an Act approved February 13, 1956 (Ga. Laws 1956, p. 45), is hereby amended by adding a new Section to be known as Section 4B to read as follows:
"Section 4B. The Commissioner of Agriculture is hereby au thorized to enter into lease contracts upon land utilized for farmers' markets, provided the lessee under any such contract shall agree to make capital improvements on such leased property, and provided further, that such lessee shall use such leased property for the purchase, storage or sale or for the purchase, storage and sale of agricultural products grown on the farm or other types of food products. Such lease may not be for longer than 20 years, and all such capital improvements shall become the property of the State at the end of such lease. The Commissioner of Agriculture must approve all plans for such capital improvements and any such lease contract shall contain provisions relative to terms, rates, method and amount of payments, and all such other provisions as shall be deemed by the Commissioner to be necessary and advisable."
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.
FRIDAY, FEBRUARY 19, 1965
791
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Voting in the affirmative were Messrs:
Abney Acree Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F.
Collins, M.
Colwell
Crowe
DeVane
Dickinson
Dixon
Duncan, V. W.
Dunwody
Evans
Farrar
Floyd
Fulford
Gary
Grahl
Griffin
Griffis
Harris, J. R.
Henderson
Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Laite Lane Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Matthews, C. Matthews, D. R. Mauldin Mauney
McCracken
McDaniell
McKemie
McRae
Merritt
Milhollin
Minge
Mixon
Moate
Moore, Don C.
Moore, J. H.
Moses
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Potts Reaves Reid Rhodes Richardson Roberts Ross Rowland Savage Sewell Shea Simp son Singer Smith, V. T. Spikes Spillers Stalnaker Steis
Story
Strickland
Sweat
Thomason
Tucker, J. B.
Tucker, Ray M.
Underwood
Vaughan, D. N.
Walker
Watkins
Watson
Wells
Wiggins
Williams, G. J.
Williams, W. M.
Woodward
Wright
792
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Balkcom Bolton Branch Brooks, Wilson Bynum Chandler Coker, G., Dr. Conger Conner Dailey Davis Dean Deloach Dollar Dorminy Doster " Duncan, A. C. Etheridge Flynt Hale Hall Harrell
Harrington Harris, J. F. Harris, R. W. Hull Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Luke Marshall McClelland Melton Mitchell Peterson Pickard Pope Poss Rainey
Rodgers, H. B. Rogers, Jimmie Roper Rush Russell Shurnan Simkins Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Tabb Thomas Tidwell Vaughn, C. R. Ware White Wilson 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 58-107. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, and Brooks of Fulton:
A RESOLUTION
To ratify, approve, and confirm the Executive Order of the Governor, dated April 30, 1964, suspending the collection of any income tax at tributable to the disallowance of the use of any of the methods of depre ciation authorized in section 179 of the Federal Internal Revenue Code of 1954 on returns of income for certain taxable years until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
That the Executive Order of the Governor, dated April 30, 1964, which is as follows:
FRIDAY, FEBRUARY 19, 1965
793
"WHEREAS: By Act of the General Assembly approved March 17, 1960 (Ga. Laws 1960, p. 1055) Section 92-3109(f) of the Geor gia Code, relating to depreciation and depletion allowances for State income tax purposes, was amended so as to authorize the State Revenue Commissioner to permit the use of methods of Deprecia tion authorized in Section 179 of the Federal Internal Revenue Code of 1954; and
"WHEREAS: By Act of the General Assembly of 1961 in House Bill 140, approved April 6, 1961, said Code Section was further amended, but the aforesaid amendment of 1960 was inadvertently omitted in said Code Section as amended; and
"WHEREAS: The General Assembly, Acts 1963, p. 314, rati fied an Executive Order of the Governor, dated March 9, 1962, which reinstated the provisions of the said omitted amendment of 1960, pending the next meeting of the General Assembly; and
"WHEREAS: House Bill No. 267, to amend Section 92-3109(f) of the Georgia Code so as to reinstate the provisions of said omitted amendment of 1960, was not acted upon during the 1963 and 1964 Sessions of the General Assembly due to other pressing legislative matters; and
"WHEREAS: Orderly administration of the income tax laws requires as much certainty and consistency as possible from year to year; and
"WHEREAS: Code 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; it is, therefore,
"ORDERED: That the State Revenue Commissioner further suspend until the next meeting of the General Assembly, the collec tion of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal Internal Revenue Code of 1954 on returns filed sub sequent to and which would otherwise be governed by the provisions of the Act approved March 17, 1960.
"This 30th day of April, 1964.
s/ Carl E. Sanders GOVERNOR"
is hereby ratified, approved and confirmed.
SECTION 2
All laws, or parts of laws, in conflict with this Resolution are hereby repealed.
794
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 Anderson Arnsdorff Bagby Barber
Beck Bedgood Black Blair Bowen, J. O. Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G. Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dean DeVane Dickinson Dixon Doster Duncan, V. W. Evans Farrar Floyd Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, R. W. Henderson Herndon
Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox
Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odom
Overby
Pafford Page
Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Potts Reid Rhodes Richardson Ross Rowland Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Woodward Wright
FRIDAY, FEBRUARY 19, 1965
795
Those not voting were Messrs.:
Alien Balkcom Ballard Blalock Bolton Bowen, R. L. Brackin Branch Brooks, Wilson Chandler Clark, J. T. Conger Conner Dailey Davis DeLoach Dollar Dorminy Duncan, A. C. Dunwody Etheridge Flynt Griffis
Hale Hall Harrington Harris, J. R. Holder Houston Johnson, B. Jones, G. Paul Jordan, W. H. Laite Lambert Lee, G. B. Leonard Luke McClelland Melton Mitchell Moore, J. H. Oglesby Otwell Peterson Pickard Poss
Rainey Reaves Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Smith, A. B. Smith, Chas. C. Smith E. B., Jr. Smith, G. L. II Snow Tabb Thomas Tidwell Vaughn, C. R. White Williams, W. M. Wilson 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 105. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, and others:
A Bill to be entitled an Act to amend Code Section 92-1309, relating to deductions in computing net income for income tax purposes, so as to authorize for small business and additional first year depreciation allowance as defined in Section 179 of the United States Internal Revenue Code, and for other purposes.
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:
796
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Bowen, J. O. Brinkley Brown, M. P. Busbee Bynuni Byrd Caldwell Carr Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Crowe DeVane Dickinson Dixon Doster Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Overby
Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reid Richardson Ross Rowland Savage Sewell Shea Simmons Simpson Singer Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Sweat Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Ballard Blalock Bolton Bowen, R. L. Brackin Branch
Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Chandler Clark, J. T. Coker, G., Dr.
Conger Conner Dailey Da vis Dean DeLoach Dollar
Dorminy Duncan, A. C. Etheridge Plynt Hale Hall Harrell Harrington Holder Houston Howell Hull Johnson, B. Jones, G. Paul Jordan, W. H. Lambert Lee, G. B. Lee, W. J. (Bill) Leonard
FRIDAY, FEBRUARY 19, 1965
797
Luke McClelland McKemie Melton Milhollin Mitchell Newton, D. L. Oglesby Otwell Pickard Poss Rainey Reaves Rhodes Roberts Rodgers, H. B. Rodgers, Jimmie Roper Rush
Russell Shuman Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Tabb Thomas Thomason Tidwell Ware White Williams, W. M. Wilson 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 217. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Chapter 40-8 of the Code, con cerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories, and for other purposes.
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 Balkcom Ballard Barber
Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L.
Brinkley Brown, Gene Brown, M. P. Busbee, G. D. Byrd Caldwell Carr
798
JOURNAL OP THE HOUSE,
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lane
Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Ross Rowland Russell Savage Sewell Shea Simkins Simmons Singer Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Steis Story Strickland Sweat Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Arnsdorff Bolton Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Chandler Clark, J. T. Conger
Conner Dailey Davis Dean DeLoach Dickinson Dollar Dorminy Etheridge Flynt Hale Hall
Harrell Harrington Holder Houston Howell Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Lambert Lee, G. B. Lovett
FRIDAY, FEBRUARY 19, 1965
799
McClelland McKemie Melton Mitchell Overby Pickard Poss Rainey Reid Rodgers, H. B.
Rogers, Jimmie Roper Rush Shuman Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L., Jr. Spikes
Tabb Thomas Thomason Tucker, J. B. Ware White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 288. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the 'Georgia Historical Society'", so as to designate and name new members of the Society, and for other purposes.
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 Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Brink] ey Brown, Gene Brown, M. P. Busbee
Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Crowe DeVane Dickinson Dixon Doster Dunean, A. C. Dunean, V. W. Dunwody
Evans Farrar Floyd Fulford Gary Grahl Griffin Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S.
800
Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauney McCracken McDaniell McRae Merritt Milhollin Minge Moate Moore, Don C. Moses Murphy
JOURNAL OP THE HOUSE,
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Eeaves Reid Rhodes Richardson Roberts Ross Rowland Russell Savage Sewell Shea Simkins Simmons
Simpson Singer Smith, A. B. Smith, Chas. C. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Chandler Coker, G., Dr. Conger Conner
Dailey
Davis
Dean
DeLoach
Dollar
Dorminy
Etheridge
Flynt
Griff is
Hale Hall Harrell Harrington Holder Houston Howell Johnson, B. Jones. C. M. Jordan, W. H. Knight, D. W. Lambert
Lane
Lee, G. B.
Leonard
Matthews, C.
Mauldin
McClelland
McKemie
Melton
Mitchell
Mixon Moore, J. H. Otwell Parker Pickard Poss Rainey Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman
Smith, E. B., Jr.
Smith, G. L. II
Smith, J. R.
Tabb
Thomas
Ware
White
Wilson
Mr. Speaker
FRIDAY, FEBRUARY 19, 1965
801
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 33. By Senator Jackson of the 16th:
A Resolution authorizing the State to convey an easement held by the State over certain properties located in the City of Columbus, 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 Arnsdorff Bagby Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brown, M. P. Busbee Byrd Caldwell Carr Clarke, H. G. Coker G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dixon Doster Duncan, A. C.
Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Harris, J. F. Harris, J. R. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr., A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lane
Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, D. R. Mauldin, A. T. Mauney McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, J. H.
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
802
Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper
JOURNAL OF THE HOUSE,
Ross Russell Savage Sewell Shea Simkins Singer Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Balkcom Ballard Bolton Bowen, R. L. Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Chandler Clark, J. T. Conger Conner Dailey Dean DeLoach Dickinson Dollar Dorminy
Etheridge Flynt Griffis Hale Hall Harrell Harrington Harris, R. W. Holder Irvin Johnson, B. Jordan, W. H. Lambert Lee, G. B. Lowrey Matthews, C. McClelland Melton Milhollin Mitchell Moore, Don C. Otwell
Phillips, L. L. Pickard Poss Rainey Rogers, Jimmie Rowland Rush Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Tabb Thomas Wells White Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, and others:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations and amending, revising and perfecting
FRIDAY, FEBRUARY 19, 1965
803
the corporation laws of this State, and to amend Section 22-1604 of the Code, relating to the examination of petitions for the domestication of foreign corporations, and for other purposes.
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
Arnsdorff
Bagby Barber Beck Black Blair Blalock Bowen, J. 0. Brackin Brown, M. P. Busbee Byrd Carr Clarke, H. G. Collins, J. P. Collins, M. Colwell Crowe DeVane Dickinson Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Marshall Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mixon
Moate Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Savage Sewell Shea Simkins Singer Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Steis Story Strickland
804
Sweat Tidwell Tucker, J. B. Tucker, Ray M. Underwood
JOURNAL OF THE HOUSE,
Vaughan, D. N. Walker Watson Wiggins Williams, G. J.
Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Balkcom Ballard Bedgood Bolton Bowen, R. L. Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Caldwell Chandler Clark, J. T. Coker, G. Dr. Coker, R. Conger Conner Dailey Davis Dean DeLoach Dollar Dorminy
Etheridge Flynt Hale Hall Harrell Harrington Holder Irvin Jones, M. Jordan, W. H. Knight, D. W. Lambert Lee, G. B. Maddox Matthews, C. Matthews, D. R. McClelland McKemie Melton Mitchell Moore, Don C. Moore, J. H. Newton, D. L. Otwell Page Pickard
Pope Poss Rainey Rogers, Jimmie Roper Rowland Rush Russell Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, G. L. II Spikes Tabb Thomas Thomason Vaughn, C. R. Ware Watkins Wells White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Ballard of Newton stated that he was called from the Hall of the House to confer with constituents at the time the roll call was ordered but had he been present he would have voted "Aye" on HB 241.
HB 57. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to increase the membership of the commission, and for other purposes.
FRIDAY, FEBRUARY 19, 1965
805
The following amendment was read and adopted:
Hull of Richmond moves to amend HB 57 as follows:
By striking in its entirety the quoted Section 1 appearing in Section 1 of said Bill and substituting in lieu thereof a new quoted Section 1 to read as follows:
"Section 1. There is hereby created a Mineral Leasing Com mission, as an agency of the State of Georgia, to be composed of the Governor, the Secretary of State, the Attorney General, the Director of the Department of Mines, Mining and Geology and five other members who shall be appointed by and shall serve at the pleasure of the Governor. Except as hereinafter provided, the mem bers of the commission shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in connection with their official duties. The Governor, the Secretary of State and the Attorney General shall receive the compensation authorized by law for ex-officio offices. The commission shall be authorized to employ such personnel as it shall deem necessary to efficiently and effectively carry out the purpose and provisions of this Act and the duties and responsibilities placed upon the com mission thereby."
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
Anderson Arnsdorff
Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brooks, Geo. B. Brown, M. P.
Busbee Byrd
Caldwell Carr
Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson Dixon Doster Duncan, A. C.
Duncan, V. W. Evans
Floyd Fulford
Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Houston Hudgins Hull Hutchinson
806
JOURNAL OP THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben 0. Kelly Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Minge
Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Russell Savage Sewell
Shea Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Alien Balkcom Bolton Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Bynum Chandler Coker, G., Dr. Conger Conner D ailey Dean DeLoach Dollar Dorminy Dunwody
Etheridge Farrar Flynt Hale Hall Harrell Harrington Holder Howell Johnson, B. Jones, G. Paul Jordan, W. H. Laite Lambert Lee, G. B. McClelland McKemie Melton Milhollin
Mitchell Newton, A. S. Otwell Parker Pickard Pope Poss Rainey Ross Rowland Rush Shuman Simmons Simpson Smith, A. B. Smith, G. L. II Stalnaker Tabb Thomas
FRIDAY, FEBRUARY 19, 1965
807
Vaughn, C. R. Wells
Williams, W. M. Wilson
Mr. Speaker
On the passage of the Bill, as amended, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Hull of Richmond asked unanimous consent that HB 57 be immediately transmitted to the Senate and the consent was granted.
HB 57 was ordered immediately transmitted to the Senate.
Under the General Order of Business, the following Bill of the House was again taken up:
HB 107. By Mr. Steis of Harris:
A Bill to be entitled an Act to create a State agency to be known as the "State Properties Acquisition 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 Acree Anderson Arnsdorff Bagby Barber Beck Black Blair Brackin Brinkley Brooks, Geo. B.
Brown, M. P. Busbee Byrd Caldwell Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Da vis
DeVane Dickinson Dixon Doster Duncan, A. C. Etheridge Farrar Fulford Gary Grahl Griffin Griffis
808
JOURNAL OF THE HOUSE,
Harris, J. P. Harris, J. R. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken
MacRae Merritt Minge Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson
Roberts Rodgers, H. B, Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, V. T. Snow Spikes Spillers Steis Strickland Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Alien Balkcom Ballard Bedgood Blalock Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Bynum Chandler Clark, J. T. Clarke, H. G. Conger Conner Dailey Dean DeLoach
Dollar Dorminy Duncan, V. W. Dunwody Evans Floyd Flynt Hale Hall Harrell Harrington Harris, R. W. Holder Irvin Jessup Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Laite Lambert
Lane Lee, G. L. Leonard Lovett Matthews, D. R. McClelland McDaniell McKemie Melton Milhollin Mitchell Moore, Don C. Otwell Pickard Poss Rainey Rogers, Jimmie Roper Rush Shuman Simmons
FRIDAY, FEBRUARY 19, 1965
809
Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R.
Stalnaker Story Sweat Tabb Thomas Vaughn, C. R.
Walker Wells White Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 123, 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 290. By Mr. Smith of Grady and Murphy of Haralson: A Bill to be entitled an Act to amend Code Section 91-103A, relating to the creation of the "State Real Properties Control Commission", so as to provide for biennial elections of a member of the House of Representatives and a member of the Senate to said 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 Acree Anderson Arnsdorff Bagby Balkcom Ballard Barber Black Blair Brackin Brinkley
Brooks, Geo. B. Brown, M. P. Busbee
Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson
Dixon Duncan, A. C. Duncan, V. W.
Evans Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, R. W. Henderson Herndon Houston
Howell Hudgins Hull
810
JOURNAL OF THE HOUSE,
Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Mauldin Mauney McCracken McDaniell McRae Merritt Minge Mixon Moate
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S.
Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Rowland Savage
Sewell Shea Simkins Simmons Simpson Singer Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Steis Strickland Sweat Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wiggins Williams, G. J. Wililams, W. M. Woodward
Those not voting were Messrs.:
Alien Beck Bedgood Blalock Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Bynum Caldwell Chandler Coker, R. Conger Conner Dailey Dean DeLoach Dollar Dorminy
Doster Dunwody Etheridge Farrar Floyd Flynt Hale Hall Harrington Harris, J. R. Holder Irvin Johnson, B. Jones, G. Paul Jordan, W. H. Laite Lambert Lane Lee, G. B. Leonard Lovett Matthews, C.
Matthews, D. R. McClelland McKemie Melton Milhollin Mitchell Moore, Don C. Moore, J. H. Newton, D. L. Otwell Pickard Rainey Rogers, Jimmie Roper Rush Russell Shuman Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Stalnaker
Story Tabb Thomas Thomason
FRIDAY, FEBRUARY 19, 1965
811
Underwood Walker Wells White
Wilson Wright 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 122-192. By Mr. Pope of Cherokee:
A Resolution authorizing the conveyance of certain State property located 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 Acree Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Blalock Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W.
Henderson Herndon Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Knight, D. W. Laite Lane Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall
812
Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
JOURNAL OP THE HOUSE,
Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid Richardson Roberts Rodgers, H. B. Ross Rowland Russell Savage Sewell Shea Simkins
Simmons Simpson Singer Snow Spikes Spillers Steis Story Strickland Sweat Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wiggins Williams, G. J. Woodward
Those not voting were Messrs.:
Alien Bedgood Bolton Bowen, J. 0. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Chandler Conger Conner Dailey Dean DeLoach Dollar Dorminy Etheridge Plynt Hale Hall Harrington
Holder Houston Hull Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Lambert Lee, G. B. Lee, W. J. (Bill) Lovett McClelland McKemie Melton Mitchell Moore, J. H. Parker Pickard Poss Rainey Rhodes
Rogers, Jimmie Roper Rush Shuman Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Tabb Thomas Thomason Walker Wells White Williams, W. M. Wilson Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, FEBRUARY 19, 1965
813
HB 45. By Messi's. Bolton of Spalding and Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft, and for other purposes.
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 Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Brackin Brinkley Brown, Gene Brown, M. P. Bynum Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar
Floyd Fulford Grahl Griffin Griffis Harris, J. F. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Laite Lee, F. S. Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell
McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Rowland Russell Savage Sewell
814
Shea Simkins Simmons Singer Smith, Chas. C. Smith, J. R. Snow Spikes Spillers
JOURNAL OF THE HOUSE,
Steis Story Strickland Sweat Thomason Tidwell Tucker, Ray M. Underwood Vaugn, C. R.
Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward
Those not voting were Messrs.:
Alien Balkcom Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Caldwell Chandler Clark, J. T. Conger Conner D alley Dean DeLoach Dollar Dorminy Doster Etheridge Flynt Gary
Hale Hall Harrell Harrington Harris, J. R. Holder Hull Johnson, B. Jones, G. Paul Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lovett Matthews, D. R. McClelland McKemie Melton Mitchell Moore, J. H.
Newton, D. L. Parker Pickard Poss Potts Rainey Rogers, Jimmie Roper Rush Shuman Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stalnaker Tabb Thomas Tucker, J. B. Wells White Wilson Wright Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 366. By Messrs. Steis of Harris, Bagby of Paulding, and others:
A Bill to be entitled an Act to amend Section 22-1703 of the Code requiring certain corporations to annually file returns with the Secre tary of State, so as to require such corporations to include in their annual returns the name and address of each director and officer of the respective corporations and such information as the Secretary of State may determine to be in the public interest, and for other pur poses.
FRIDAY, FEBRUARY 19, 1965
815
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 366 by striking from Section 1 the figure "9" and words "Such other information as the Secretary of State may determine to be in the public interest".
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 was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson Dixon Duncan, V. W. Dunwody Evans Farrar
Floyd Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kelly Laite Lee, F. S. Leonard Lewis, E, B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney
McDaniell McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson Roberts Ross Russell Savage Sewell Shea Simmons
816
Singer Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story
JOURNAL OP THE HOUSE,
Strickland Sweat Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware
Watkins Watson Wells Wiggins Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Alien Ballard Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Chandler Clark, J. T. Conger Conner Dailey Dean DeLoach Dollar Dorminy Doster Duncan, A. C. Etheridge Flynt Hale Hall
Harrell Harrington Harris, J. R. Hull Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lovett McClelland McCracken McKemie Melton Mitchell Moore, J. H. Nessmith, P. Newton, D. L. Phillips, G. S.
Pickard Poss Rainey Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Shuman Simkins Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Tabb Thomas Tucker, J. B. Vaughn, C. R. White Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 354. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide for the inspection and regulation of the sale of antifreeze substances and preparations, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 19, 1965
817
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 Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson Dixon Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F.
Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, E. B.
Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell
McRae Merritt Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Voting in the negative was Mr. Leonard.
Overby Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Rowland Russell Savage Sewell Shea Simkins Simmons Singer Smith, J. R. Smith, V. T. Snow Spillers Steis Story Strickland Sweat Thoniason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
818
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Busbee Coker, R. Conger Conner Dailey Dean DeLoach Dollar Dorminy Doster Duncan, A. C. Flynt Hale Hall
Harrington Hudgins Johnson, B. Jones, G. Paul Jordan, W. H. Laite Lambert Lane Lee, G. B. Lewis, P. B. Lovett McClelland McKemie Melton Milhollin Mitchell Moore, J. H. Perry Pickard Rainey
Rogers, Jimmie Roper Rush Shuman Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Stalnaker Tabb Thomas Underwood Walker Ware White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lane of Bulloch moved that this House do now adjourn until 10:30 o'clock a.m. Monday, and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock a.m. Monday.
MONDAY, FEBRUARY 22, 1965
819
Representative Hall, Atlanta, Georgia Monday, February 22, 1965.
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 Rev. Philo McDennon, Pastor, Jonesboro Presbyterian Church, Jonesboro, Ga.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballarcl Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner
Crowe Davis Dean DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon
820
Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves
JOURNAL OF THE HOUSE,
Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland
Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson
Singer Smith, E. B., Jr.
Smith, G. L. II Smith, J. R. Snow Spikes Spillers
Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson
Wells Wiggins
Williams, G. J. Williams, W. M. Wilson Woodward Wright
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day has 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 22, 1965
821
Leave of Absence was granted for Mr. White of Mclntosh for today due to urgent personal business.
Mr. Blalock of Coweta 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 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading, and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired, and for other purposes.
The consent was granted and the House has reconsidered.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for Monday, February 22, 1965, and submits the following:
HB 58. Real Estate salesman (reconsidered). HB 104. Income tax, time assessed. HB 124. Peace Officers, members refund. HB 129. Highways, soliciting ride. HB 226. Tax commissions, overage. HB 233. License tag, purchase. HB 247. Stone Mountain Memorial Association, amend. HB 252. Highways, vegetation on banks. HB 254. Sterilization, authorized by Doctors of Medicine. HB 274. Gas storage, underground. HB 278. Motor vehicles, inspection, time. HB 279. Husband and Wife Code, amend. HB 283. Instruction to jury, civil cases. HB 285. Employees' Retirement, former employees. HB 287. Governing body, public meetings. HB 296. Insurance Code, mortgage loans. HB 345. Firemen's Retirement, create.
822
JOURNAL OF THE HOUSE,
HB 360. County Boards of Education, members. HB 399. Department of Public Safety, amend.
SENATE SB 13. Voting absentee ballots, procedure.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Carr of Washington, Secretary
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 424. By Mr. Potts of Coweta:
A Bill to be entitled an Act to amend an Act entitled "An Act creating a new charter for the City of Newnan", so as to increase the compensa tion of the mayor and members of the board of aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 425. By Mr. Woodward of Butts:
A Bill to be entitled an Act to create the office of Commissioner of roads and revenues for Butts County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 185-425. By Mr. Newton of Jenkins:
A Resolution authorizing the conveyance of certain State property lo cated in Jenkins County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 426. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Summerville, so as to close the unopened portion of Second Street between Wood Street and Henderson Street located in the Maxey Subdivision within the corporate limits of the City of Summerville; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 22, 1965
823
HB 427. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville and granting a new charter therefor, so as to change the provisions relating to the giving of notice of pro posed ordinances; and for other purposes.
Referred to the Committee on Local Affairs.
HB 428. By Messrs. Duncan, McDaniell and Jordan of Cohb:
A Bill to be entitled an Act to amend Code Section 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, the return made the previous year shall be used; and for other purposes. Referred to the Committee on Judiciary.
HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia providing for the payment of taxes to the county, so as to provide that a penalty of 10% of the tax due shall accrue on taxes not paid before delinquent; and for other purposes.
Referred to the Committee on Judiciary.
HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend Code Section 92-6913, so as to provide that in certain counties where the owner fails to return property for taxation there shall be assessed certain penalties; and for other purposes.
Referred to the Committee on Judiciary.
HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend Code Section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes.
Referred to the Committee on Judiciary.
HB 432. By Messrs. Pope of Cherokee, Bedgood and Matthews of Clarke, Otwell of Forsyth, Thomason of Pickens, Moore of Polk, Richardson of Chatham and many others: A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits, so as to change the provisions relating to certain exemptions; and for other purposes.
Referred to the Committee on Ways and Means.
824
JOURNAL OF THE HOUSE,
HB 433. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act known as the Builidng and Loan Act, by providing that a State chartered Association shall be local if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100 miles from such Association's Home Office; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 434. By Messrs. Newton of Colquitt, Carr of Washington, NeSmith of Meriwether, Jessup of Bleckley, McRae of Talbot, DeVane of Schley, Collins of Mitchell and Matthews of Colquitt:
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 change the conditions under which the sale of machinery which is used directly in tilling the soil or in animal husbandry shall be exempt; and for other purposes.
Referred to the Committee on Ways and Means.
HB 435. By Messrs. Laite, Dunwody and Jones of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 436. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.
Referred to the Committee on Local Affairs.
HB 437. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the Chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 438. By Messrs. Milhollin and Williams of Coffee: A Bill to be entitled an Act to amend an Act establishing the City Court
MONDAY, FEBRUARY 22, 1965
825
of Douglas, so as to change the compensation of the Judge of the City Court and the Solicitor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 439. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Coffee County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HR 186-439. By Messrs. Newton of Colquitt, Carr of Washington, NeSmith of Meriwether, Jessup of Bleckley, McRae of Talbot, DeVane of Schley, Collins of Mitchell and many others:
A Resolution proposing an amendment to the Constitution so as to provide that only the qualified voters who are freeholders, and their spouses, may vote in bond elections; and for other purposes.
Referred to the Committee on Judiciary.
HB 440. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes.
Referred to the Committee on Judiciary.
HB 441. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities of the State of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.
HB 442. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to exempt housing authorities of certain munici palities located in certain counties of this State; and for other purposes.
Referred to the Committee on Local Affairs.
826
JOURNAL OF THE HOUSE,
HB 443. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 444. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of com pensating the Ordinary of Fayette County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 445. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of com pensating the Clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 446. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Fayette County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 447. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Fayette County, so as to make a typographical correction; and for other purposes.
Referred to the Committee on Local Affairs.
HB 448. By Mr. McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected; to increase corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 22, 1965
827
Mr. Conger of Decatur asked unanimous consent that the rules be suspended in order that the following Bills of the House could be read for the first time and referred to the Committees:
HB 467. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act requiring banks having and exercising trust powers, trust companies, savings banks, and se curity or guarantee companies doing a trust business to secure un invested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 468. By Mr. Conger of Decatur: A Bill to be entitled an Act to provide for the organization and creation of a statewide business development corporation or corporations; and for other purposes.
Referred to the Committee on Banks and Banking.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 410. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Jefferson County; and for other purposes.
HB 411. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to repeal an Act entitled "An Act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or hereafter provided by the general laws of the State; and for other purposes.
HB 412. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County", so as to provide the maximum compensation that may be fixed by said Board for the member of said Board who is the Chairman thereof; and for other purposes.
HB 413. By Messrs. Griffis of Cook and Colwell of Union: A Bill to be entitled an Act to amend an Act entitled "An Act to author ize the State Highway Board to construct and maintain airports, landing
828
JOURNAL OF THE HOUSE,
fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith", so as to authorize the State Highway Department to construct and maintain airports and landing facilities; and for other purposes.
HB 414. By Mr. Ployd of Chattooga:
A Bill to be entitled an Act to amend Code Section 27-903, relating to the number of times a person may give bail, so as to clarify the pro visions of said Code Section; and for other purposes.
HB 415. By Mr. Singer of Stewart:
A Bill to be entitled an Act to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; and for other purposes.
HB 416. By Mr. Singer of Stewart:
A Bill to be entitled an Act to place the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes.
HB 417. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend the Georgia Insurance Code, so as to change the fees of the Secretary of State for receiving an appli cation to amend the charter of an insurer and for receiving a petition for renewal of the charter for an insurer; and for other purposes.
HB 418. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary procedure for involuntary hospitalization of a mentally ill person, so as to provide that the ordinary may order the sheriff of such county to take the alleged mentally ill person in custody for certain reasons; and for other purposes.
HR 183-418. By Mr. McClelland of Fulton:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
HB 419. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the Mayor and Council, and the various departments thereof; and for other purposes.
MONDAY, FEBRUARY 22, 1965
829
HB 420. By Messrs. Herndon of Appling, Thomas of Wayne, Smith and Harris of Glynn, Smith of Camden and Conner of Jeff Davis:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 421. By Messrs. Dixon and Sweat of Ware and Houston of Pierce:
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.
HB 422. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee:
A Bill to be entitled an Act to repeal an Act entitled "An Act pro viding for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oils, cottonseed oil, soya bean oil, or milk fat"; and for other purposes.
HB 423. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Section 27-901 of the Code of Georgia, relating to when persons charged with a misdemeanor may be bailed, so as to provide that after a person charged with certain speci fied misdemeanors has previously been convicted or pled guilty to any such specified misdemeanor, it shall be within the discretion of the trial judge to refuse such person bail pending the appeal of such last convic tion; and for other purposes.
HR 184-423. By Mr. Poss of Madison:
A Resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Author ity; and for other purposes.
SB 6. By Senators Lee of the 47th and Pennington of the 45th:
A Bill to be entitled an Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes.
SB 9. By Senators Broun of the 46th, Lee of the 47th, and Minish of the 48th:
A Bill to be entitled an Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, loco mobile, motorcycle, etc.; and for other purposes.
830
JOURNAL OF THE HOUSE,
SB 28. By Senators Coggin of the 35th and Salome of the 36th:
A Bill to be entitled an Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements for applicants for admission to the practice of law; and for other purposes.
SB 38. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change certain definitions, correct typographical errors and make technical clarifications; and for other purposes.
SB 83. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act establishing the charter for the City of Forest Park, so as to create a department of personnel; and for other purposes.
SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A Resolution proposing an amendment to the Constitution so as to provide home rule for counties; and for other purposes.
SR 42. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; and for other purposes.
SR 43. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to define the power of the General Assembly relative to creating county commissioners; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
MONDAY, FEBRUARY 22, 1965
831
HB 28. By Messrs. Harris and Smith of Glynn:
A Bill to amend the charter of the City of Brunswick; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 238. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 87. By Messrs. Luke, Simkins and Hull of Richmond and others:
A Bill to amend an Act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 260. By Mr. Moore of Stephens:
A Bill to amend an Act placing the sheriff of Stephens County upon an annual salary, so as to provide for an additional deputy in the sheriff's office; and for other purposes.
HB 265. By Messrs. Blalock and Potts of Coweta:
A Bill to create and establish the Newnan-Coweta Airport Authority; and for other purposes.
HB 56. By Mr. Grahl of Peach:
A Bill to amend an Act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said Solicitor-General; and for other purposes.
832
JOURNAL OF THE HOUSE,
HB 89. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend an Act providing for service of process on foreign trustees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such foreign trustees; and for other purposes.
HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke:
A Bill to amend an Act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes.
HB 92. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend an Act providing for service of process upon non residents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes.
HB 96. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend an Act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accept ing service of process as an agent for such a show; and for other purposes.
HB 116. By Messrs. Overby and Williams of Hall and others:
A Bill to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; and for other purposes.
HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter and others:
A Bill to amend an Act placing the Solicitor General of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor General of the Southwestern Judicial Circuit; and for other purposes.
HB 32. By Mr. Henderson of Atkinson:
A Bill to amend an Act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes.
MONDAY, FEBRUARY 22, 1965
833
HB 110. By Mr. McCracken of Jefferson:
A Bill to amend an Act establishing a new charter for the City of Louisville, so as to provide for arbitration of assessments made by the Board of Tax Assessors of the City of Louisville on demand of dissatis fied taxpayers; and for other purposes.
HB 118. By Mr. Lewis of Burke:
A Bill to amend an Act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary; and for other purposes.
HB 198. By Mr. Shuman of Bryan:
A Bill to amend an Act relating to the creation of the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner; and for other purposes.
HB 199. By Mr. Shuman of Bryan:
A Bill relating to compensating the Ordinary of Bryan County by the payment of a salary to said Ordinary, so as to change the compensa tion to be paid to the Ordinary of Bryan County; and for other purposes.
HB 200. By Mr. Shuman of Bryan:
A Bill to amend an Act relating to the creation and establishment of the City Court of Pembroke, so as to change the amount of compensation to be paid to the Solicitor of said City Court; and for other purposes.
HB 201. By Mr. Shuman of Bryan:
A Bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the judge of said City Court; and for other purposes.
HB 234. By Mr. Crowe of Worth:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board; and for other purposes.
HB 235. By Mr. Crowe of Worth:
A Bill to amend an Act establishing a City Court in the City of Sylvester, so as to increase the salary of the Judge and Solicitor of said Court; and for other purposes.
834
JOURNAL OF THE HOUSE,
HB 237. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act entitled "An Act to provide for the appointment and terms of office of members of the 'Brunswick and Glynn County Development Authority'," so as to define the word "commerce" as used in said Act; and for other purposes.
HB 239. By Mr. Pafford of Lanier:
A Bill to provide that the Sheriff of Lanier County shall be compensated on a salary basis in lieu of a fee basis; and for other purposes.
HB 249. By Messrs. Oglesby and Russell of Thomas:
A Bill to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pension and annuity program; to provide that the City may levy and collect a tax upon the salaries of employees of the City without limitation as to the rate of such tax; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 88. By Senators Salome of the 36th, Ward of the 39th and others:
A Bill to amend the Act creating a system of traffic courts for each city of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census; to repeal con flicting laws; and for other purposes.
Mr. Harris of DeKalb County, Vice-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 256. HB 322. HB 393. HB 396. HB 292. SB 65.
Do Pass, as Amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted,
Harris of DeKalb,
Vice-Chairman.
MONDAY, FEBRUARY 22, 1965
835
Mr. Tucker of Catoosa 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:
SB 58. Do Pass, by Substitute. HB 390. Do Pass. HB 391. Do Pass. HB 392. Do Pass. HB 397. Do Pass. HB 398. Do Pass. HB 401. Do Pass. HB 402. Do Pass. HB 403. Do Pass. HB 405. Do Pass. HB 406. Do Pass. HB 408. Do Pass. HB 409. Do Pass. SB 70. Do Pass.
Respectfully submitted, Tucker of Catoosa Chairman.
Mr. George T. Smith of Grady County, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 156. Do Pass. Respectfully submitted, Smith of Grady, Chairman.
836
JOURNAL OP THE HOUSE,
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 390. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend the Act creating a Small Claims Court in Colquitt County and and all other counties with a certain popu lation, so as to further provide for and clarify rules of practice and procedure in such small claims courts, and for other purposes.
The report 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 391. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb County, Marietta Water Authority, so as to provide that the Chairman of the Board of Commissioners of Roads and Revenues of Cobb County shall be a member and Chairman of such 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the number of council meet ings and to provide compensation to the Mayor and City Council for attendance at such additional meetings, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 22, 1965
837
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 397. By Messrs. Farrar, Harris and Bowen 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 for judges, and for other purposes.
The report 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 398. By Mr. Leonard of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 401. By Messrs. Luke, Hall and Simkins of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta incorporated as the City Council of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
838
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 402. By Messrs. Luke, Hull and Simkins of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta incorporated as the City Council of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police dept. shall be 5 ft. 7% 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 ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 403. By Messrs. Luke, Simkins and Hull of Richmond: A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the superior 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 405. By Mr. Smith of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, by granting the Mayor and Council of said City the power and authority to adopt an ordinance authorizing the use of voting machines for recording and computing the vote at all city, general and special elections held in the city, and for other purposes.
MONDAY, FEBRUARY 22, 1965
839
The report 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 406. By Mr. Strickland of Evans:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Evans County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 408. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to place the sheriff of Rabun County upon an annual salary, and for other purposes.
The report 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 409. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Colquitt County, so as to change the amount of the bond of the Chairman of the Board of Commissioners, and for other purposes.
840
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.
SB 70. By Senator Downing of the 1st: A Bill to be entitled an Act to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 58. By Senators Downing of the 1st and Tribble of the 3rd:
A Bill to be entitled an Act to amend an Act creating and relating to the Board of Public Education for the City of Savannah and the County of Chatham, 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 the several Acts creating and relating to the Board of Public Educa tion for the City of Savannah and County of Chatham and to provide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Camden, to provide for the selection of their successors and the filling of vacan cies; and for other purposes.", approved February 22, 1933 (Ga. Laws 1933, p. 1067), as amended, by an Act approved February 5, 1951 (Ga. Laws 1951, p. 2207), so as to make eligible for reappointment members of said Board of Education who would not otherwise have been eligible; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 22, 1965
841
Section 1. An Act entitled: "An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to provide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Chatham, to provide for the selection of their successors and the filling of vacancies; and for other purposes.", approved February 22, 1933 (Ga. Laws 1933, p. 1067), as amended, by an Act approved February 5, 1951 (Ga. Laws 1951), p. 2207), is hereby amended by striking from Section 1 the period follow ing the word "served" in the twelfth line of said Section and substituting in lieu thereof the following:
"; provided, however, that any member who is serving as a duly elected officer of the Georgia School Boards Association or other educational association or organization having State, sectional or nationwide jurisdiction at the time his term would expire shall be eligible for reappointment to said Board, and the requirement that one year intervene between the expiration of the term and the eligibility for such reappointment of such member shall not apply.",
so that when so amended Section 1 shall read as follows:
"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the tenure of office of the several members of the Board of Public Education for the City of Savannah and County of Chatham now in office shall terminate at the expiration of the terms for which they were severally chosen, and no member of said board, whether now in office or hereafter chosen shall be eligible to hold the said office of a member of said board of education until one year after the expiration of the term for which such member shall have previously served; provided, however, that any member who is serving as a duly elected officer of the Georgia School Boards Association or other educational association or organization having State, sectional or nationwide jurisdiction at the time his term would expire shall be eligible for reappointment to said Board, and the requirement that one year interevne between the expiration of the term and the eligibility for such reappointment of such mem ber shall not apply. The president shall be elected annually by the members of the board during the month of December."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
842
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 88. By Senators Salome of the 36th, Ward of the 39th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend the Act creating a system of traffic courts for each city of this State having a population of more than 300,000; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be recommitted to the Committee on Judiciary for further study:
HB 345. By Mesesrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to create and establish a Georgia Firemen's Retirement System, to create as a part of and establish within said system a Georgia Firemen's Retirement Pension Fund, and for other purposes.
The consent was granted and HB 345 was recommitted to the Committee on Judiciary.
The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 160. By Mr. Brown of Hart:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Hart County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The following Senate amendment was read:
Senator Lee of 47th moves to amend HB 160 as follows:
By striking from Section 1 after the word "shall" and before the words "be compensated" the word "hereafter".
By striking from Section 3 the first word "The" thereof and in serting in lieu thereof the words "Except as otherwise provided in this Act, the".
MONDAY, FEBRUARY 22, 1965
843
By striking from Section 7 the words "and payments in retirement systems" wherever the same appears in said Section.
By adding in the last sentence of Section 13 after the word "pay ment" and before the words "of such expenses" the words "or re imbursement".
Mr. Brown of Hart, moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 106, nays 0.
The House has agreed to the Senate amendment to HB 160.
HB 238. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend an Act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court, and for other purposes.
The following substitute was read:
Substitute for HB 238:
A BILL
To be entitled an Act to amend an Act creating the "Magistrate's Court of Glynn County", approved April 4, 1963 (Ga. Laws 1963, p. 2969), so as to authorize the magistrate to issue certain warrants; to change the compensation of the magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the "Magistrate's Court of Glynn County", approved April 4, 1963 (Ga. Laws 1963, p. 2969), is hereby amended by inserting between the second and third sentences of Section 3 the following sentence:
"The magistrate is also empowered to issue bastardy warrants, peace warrants and search warrants.",
so that when so amended Section 3 shall read as follows:
"Section 3. The magistrate of Glynn County shall have crimi nal jurisdiction to issue warrants for the apprehension of any per-
844
JOURNAL OF THE HOUSE,
son charged on oath with the violation of any penal law in the County of Glynn, returnable to any court in Glynn County. Said magistrate shall also have jurisdiction to hold courts of inquiry to examine into an accusation against a person legally arrested and brought before him. The magistrate is also empowered to issue bastardy warrants, peace warrants and search warrants. The time of such inquiry shall be determined by the magistrate, and shall be held at the courthouse in Glynn County, Georgia."
Section 2. Said Act is further amended by striking from Section 4 the symbol and figures "$1,800.00" and inserting in lieu thereof the symbol and figures "$2,400.00", so that when so amended Section 4 shall read as follows:
"Section 4. The magistrate of said court shall receive a salary of $2,400.00 per annum, payable monthly out of the treasury of the County of Glynn."
Section 3. The provisions of this Act shall become effective upon its approval by the Governor, except for those provisions relating to the compensation of the magistrate which shall become effective on July 1, 1965.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Harris of Glynn moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 110, nays 0.
The Senate substitute to HB 238 was agreed to.
HB 28. By Messrs. Harris and Smith of Glynn:
A Bill to be entitled an Act to amend the charter of the City of Bruns wick, and for other purposes.
The following amendment was read: Senator Gayner of the 5th moves to amend HB 28 as follows: By striking from Section 12 the word "April" and substituting in
lieu thereof the word "June".
Mr. Harris of Glynn moved that the House agree to the Senate amendment.
MONDAY, FEBRUARY 22, 1965
845
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment to HB 28 was agreed to.
HB 87. By Messrs. Luke, Simkins and Hull of Richmond, and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general, and for other purposes.
The following amendment was read:
The Senate Judiciary Committee moves to amend HB 87 as follows:
By striking the word "county" in the second paragraph of Section 5A. and inserting in lieu thereof the word "circuit".,
Mr. Luke of Richmond moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HB 87 was agreed to.
The following Resolutions of the House were read and adopted:
HR 195. By Messrs. Abney of Walker, Kelly of Jasper and others:
A RESOLUTION
Expressing regrets at the passing of Mrs. Durwood T .Pye, Sr.; and for other purposes.
WHEREAS, Mrs. Durwood T. Pye, Sr., the mother of the dis tinguished and able jurist, Durwood T. Pye, passed away on February 17, 1965; and
WHEREAS, for many years Mrs. Pye was a beloved teacher at the Monticello, Georgia, High School; and
WHEREAS, during her long and active life, Mrs. Pye was an inspiration to her religious and civic community; and
846
JOURNAL OP THE HOUSE,
WHEREAS, the many fine contributions made by this outstanding lady to her community and state will be sorely missed at her passing.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets at the passing of Mrs. Durwood T. Pye, Sr.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Durwood T. Pye, as the representative of the immediate family of Mrs. Durwood T. Pye, Sr.
HR 196. By Messrs. Brown of Bacon, Floyd of Chattooga, and others:
A RESOLUTION
Commending Honorable Alfred W. Tate, Manager of the Regional Office of the Veterans Administration in Atlanta, Georgia; and for other purposes.
WHEREAS, the Regional Office of the Veterans Administration in Atlanta, serves Georgia's more than 450,000 veterans, their dependents and orphans, and employs 455 persons who are paid a total annual compensation of $3,125,000 for all such employees in Gaorgia; and
WHEREAS, a great many of the activities of offices of the Vet erans Administration in South Carolina, North Carolina, and Tennessee have been consolidated and absorbed by the Atlanta Office; and
WHEREAS, Honorable Alfred W. Tate, Manager of the Regional Office of the Veterans Administration in Atlanta, Georgia, has received outstanding ratings for his operation of the Atlanta Regional Office, which are well deserved because of his ability, knowledge, and sincere dedication to his position and to the impartial administration of his office for the benefit of all veterans; and
WHEREAS, Mr. Tate has publicly stated on many occasions that his accomplishments would not have been possible without the aid, sup port, and complete cooperation of the Georgia State Department of Veterans Service.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby commends Honorable Alfred W. Tate for his outstanding achievements and his service to over 450,000 Georgia veterans, their dependents and orphans.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit an appropriate copy of this Resolution to Mr. Tate, to Honorable William J. Driver, Administrator, Veterans Administration, Washington, D. C., and to Honorable Pete Wheeler, Director, Georgia State Department of Veterans Service.
MONDAY, FEBRUARY 22, 1965
847
HR 197. By Messrs. Shea of Chatham, Smith of Lamar, and others:
A RESOLUTION
Expressing regrets at the passing of Dr. Douglas L. Head; and for other purposes.
WHEREAS, Dr. Douglas L. Head, the father of Mrs. Willis J. Richardson, Jr. passed away on February 3, 1965; and
WHEREAS, he graduated from Emory Medical School and prac ticed medicine for 43 years in Pike County where he established the Zebulon Medical Clinic and Hospital; and
WHEREAS, he was very active in the medical affairs of this State and in the civic and religious affairs of his Community; and
WHEREAS, in addition to Mrs. Richardson, he is survived by his wife, Mrs. Adele Smith Head; his son, Dr. Douglas L. Head, Jr., of Thomaston; a sister, Miss Lutie Head of Zebulon; and a brother, Mr. Horace Head of Anniston, Alabama; and
WHEREAS, his passing is a great loss to his Community and his State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest regrets are hereby expressed at the passing of Dr. Douglas L. Head, 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 suitable copy of this Resolution to the family of Dr. Douglas L. Head.
HR 198. By Mr. Smith of Grady:
A RESOLUTION
Expressing regrets at the passing of Mr. R. P. Moore; and for other purposes.
WHEREAS, Mr. R. P. Moore of Americus, Georgia, brother-in-law of Representative Norman B. Doster from Wilcox County, recently passed away; and
WHEREAS, he contributed immeasurably to the civic and public well-being of his community, and his passing will be a great loss to his city and his county.
848
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the passing of Mr. R. P. Moore, 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 Mr. Moore.
The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 199. By Mr. Smith of Lamar:
A RESOLUTION
To amend a Resolution authorizing the Secretary of State to employ caretakers for Confederate cemeteries, approved March 10, 1959 (Ga. Laws 1959, p. 229), so as to authorize the Secretary of State to employ a caretaker for the Milner Confederate Cemetery; and for other pur poses.
WHEREAS, the Secretary of State is now authorized to employ caretakers for Confederate cemeteries located at Marietta, Cassville, Kingston, Resaca, Madison, Jonesboro, and Barnesville; and
WHEREAS, the City of Barnesville is now keeping and caring for the Confederate cemetery located at Barnesville and has been for many years at no expense to the State; and
WHEREAS, the Barnesville cemetery was inadvertently named instead of the Milner Cemetery in the Resolution approved March 10, 1959, authorizing the Secretary of State to employ caretakers at Madi son, Jonesboro, and Barnesville; and
WHEREAS, because of this error, no caretaker has ever been employed to care for the Milner Confederate Cemetery; and
WHEREAS, the Milner Confederate Cemetery has been long neg lected.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby au thorized to employ a caretaker for the Milner Confederate Cemetery and is authorized to make certain that the cemetery is kept and cared for in a proper manner. The funds necessary for the purposes of this Resolu tion shall be expended from funds designated for buildings and grounds and any other funds which might be available for such purposes.
MONDAY, FEBRUARY 22, 1965
849
HR 200. By Mr. Bolton of Spalding:
A RESOLUTION
Urging the renunciation of the Warsaw Convention; and for other purposes.
WHEREAS, due to the Warsaw Convention, a treaty to which the United States is a party, the limit of liability of carriers to passen gers on international air flights for any one injury or death is limited to approximately $8,300.00; and
WHEREAS, the limits of liability prescribed by said convention are antiquated and no longer realistic when viewed in the light of the present day economic conditions and are discriminatory against citizens of the United States; and
WHEREAS, a Protocol was offered to the Warsaw Convention at the Hague in 1955 doubling the limits of liability of any carrier for such an occurrence; and
WHEREAS, the President of the United States has previously re quested of the United States Senate its advice and consent to ratify said Protocol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby request each and every state legislature to exert their influence upon their respective Congressional delegations to renounce the Warsaw Convention or in the alternative that the Warsaw Convention, as amended at the Hague in 1955, be ratified by the United States Senate, and that the United States immediately institute appropriate proceedings to call together a con vention so that the Warsaw Convention might be amended to increase the limits of liability of carriers of international air flights to passen gers so as to provide adequate and just compensation for injuries and deaths occurring thereon.
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 each and every member of the Georgia Congres sional Delegation and to the presiding officer of each house of the several state legislatures of the United States.
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 278. By Messrs. Williams of Hall, Matthews of Colquitt, and many others: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within
850
JOURNAL OP THE HOUSE,
which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection, and for other purposes.
The previous question was ordered.
The Speaker announced the House recessed until 2:15 p.m. AFTERNOON SESSION
The Speaker called the House to order at 2:15 p.m.
Under the General Order of Business established by the Committee on Rules, action on HB 278 was resumed:
Messrs. Dickinson of Douglas and Underwood of Taylor offered amendments which were read and lost.
The following amendment was read:
Messrs. Simpson of Wheeler and Melton of Spalding move to amend HB 278 by deleting the word "amend" in the first line of the caption thereof and substituting the word "repeal" therefor and deleting the fifth and subsequent lines of the caption and substituting therefor the following:
"(Ga. Laws 1963, p. 333.)"
and by cancelling Sections 1, 2, 3, 4, and 5 and substituting a new section therefor as follows:
Section 1
The captioned acts are hereby cancelled, repealed, nullified and made null and void and of no effect.
'and by renumbering Section 6, Section 2.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Beck
Bowen, R. L. Brackin
Brooks, Geo. B. Bynum
Dixon Henderson
Herndon Knight, W. D.
Leonard Lewis, E. B.
McCracken Melton Mixon Pafford
MONDAY, FEBRUARY 22, 1965
851
Pope Rhodes Ross Rowland
Smith, Chas. C. Smith, J. R. Vaughan, D. N. Watkins
Those voting in the negative were Messrs.:
Alien Anderson Bagby Balkcom Ballard Barber Bedgood Blair Blalock Bowen, J. 0. Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, R. Colwell
Conger
Crowe
Da vis
Dean
Dickinson
Dollar
Duncan, A. C.
Duncan, V. W.
Dunwody
Etheridge
Evans
Farrar
Floyd
Fulford
Gary
Grahl
Griffin
Griffis
Hale
Harrell
Harris, J. R.
Harris, R. W.
Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Lewis, P. B.
Looper
Lovett
Lowrey
Luke
Maddox
Marshall
Matthews, C.
Matthews, D. R.
McRae
Merritt
Milhollin
Minge
Mitchell
Moore, Don C.
Moore, J. H.
Murphy
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Otwell
Overby
Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Potts Reaves Reid Richardson Roberts Rogers, Jimmie Roper Russell Savage Sewell Shea Shuman Simkins Simmons
Smith, E. B., Jr.
Smith, G. L. II
Smith, V. T.
Snow
Spikes
Steis
Tabb
Thomas
Thomason
Tidwell
Tucker, J. B.
Tucker, Ray M.
Vaughn, C. R.
Walker
Ware
Watson
Wells
Wiggins
Williams, G. J.
Williams, W. M.
Woodward
Wright
852
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Abney Arnsdorff Black Bolton Branch Brantley Brown, Gene Carr Chandler Coker, G., Dr. Collins, J. F. Collins, M. Conner Dailey DeLoach DeVane Dorminy Doster
Flynt Hall Harrington Harris, J. F. Houston Jones, C. M. Jones, F. C. Jordan, Ben C. Lee, G. B. Mauldin Mauney McClelland McDaniell McKemie Moate Moses NeSmith, J. D. Nessmith, P.
Perry Pickard Poss Rainey Rodgers, H. B Rush Simpson Singer Smith, A. B. Spillers Stalnaker Story Strickland Sweat Underwood White Wilson Mr. Speaker
On the adoption of the amendment, the ayes were 24, nays 126. The amendment was lost.
Messrs. Harris of Glynn, Lane of Bulloch, Mixon of Irwin and NeSmith of Meriwether offered amendments which were read and lost.
The following amendment was read:
Mr. Jones of Bibb moves to amend HB 278 as follows:
Add to Section 3, a subsection (14) to read:
(14) "Any pulp wood truck that may be on the highways at night, even though it does not regularly operate on the highways at night, must conform to the requirements for head lights and tail lights".
The title shall be changed accordingly, if required.
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 Bagby Ballard
Bedgood Black Blair
Blalock Bowen, J. 0. Bowen, R. L.
MONDAY, FEBRUARY 22, 1965
853
Brinkley Brooks, Geo. B. Brown, M. P. Byrd Clark, J. T. Dean DeVane Dickinson Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Flynt Gary Grahl Griffis Hale Harrell Harris, J. R. Henderson Herndon Hudgins Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lane Lee, W. J. (Bill) Leonard
Lewis, E. B. Lowrey Luke
Maddox Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McRae Melton Merritt Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Pope Potts Rainey Reid Rhodes
Richardson Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Story Tabb Thomas Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Walker Ware Watson Wiggins Williams, G. J. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Acree Alien Anderson Beck
Etheridge Floyd Fulford Griffin
Brackin
Harris, J. F.
Bynum
Harris, R. W.
Carr Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Conner
Holder Houston Jessup Johnson, Dr. A. S. Johnson, B. Kelly
Crowe Davis
Lambert Lee, F. S.
Dixon Dorminy
Lee, G. B. Lewis, P. B.
Looper Lovett Marshall Mixon Odom Pafford Phillips, L. L. Roberts Rogers, Jimmie Smith, E. B., Jr. Smith, J. R. Tucker, Ray M. Vaughan, D. N. Watkins Williams, W. M.
854
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Balkcom Barber Bolton Branch Brantley Brooks, Wilson Brown, Gene Busbee Caldwell Chandler Coker, R.
Collins, J. F. Conger Dailey DeLoach Dollar Doster
Hall Harrington Howell Hull Hutchinson Irvin Jones, C. M. Jones, F. C. Knight, W. D. Mauney McKemie Milhollin
Minge Mitchell Moate Moses NeSmith, J. D. Nessmith, P.
Pickard Poss Reaves Rodgers, H. B. Roper Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Strickland
Sweat Wells White Mrs. Speaker
On the adoption of the amendment, the ayes were 105, nays 47.
The amendment was adopted.
The following amendment was read:
Mr. Knight of Berrien moves to amend HB 278 as follows: by adding the following:
Under Section 3, subsection 5 as follows:
At the end of the sentence . . . "in good working order" add these words: "if said vehicle is equipped with a windshield", and by adding the following sub-sections under Section 3, sub-section 7 as follows: "d. Provided, however, nothing contained herein shall require that every vehicle shall have a front windshield."
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 Acree Alien Anderson
Bagby Ballard Barber Beck
Bedgood Black Blair Blalock
Bowen, J. 0. Bowen, R. L, Braekin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Conner Crowe Dean Dorminy Duncan, A. C. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Irvin Jessup
MONDAY, FEBRUARY 22, 1965
855
Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S.
Pope Poss Potts Rainey Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Shuman Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Balkcom Dickinson Duncan, V. W. Hull Jones, M.
Jordan, Ben C. Luke McClelland McDaniell Roberts
Simkins Walker Ware
856
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Bolton Branch Brown, Gene Busbee Collins, J. F. Conger Dailey Davis DeLoach DeVane Dixon Dollar Doster Hale
Hall Harris, J. P. Howell Hutchinson Jones, C. M. Jones, F. C. Mauney McKemie Mitchell Moate Moses NeSmith, J. D. Nessmith, P. Odom Phillips, L. L.
Pickard Reaves Eodgers, H. B. Roper Simpson Singer Smith, A. B. Smith, G. L. II Smith, V. T. Stalnaker Wilson Woodward Mr. Speaker
On the adoption of the amendment, the ayes were 148, nays 13.
The amendment was adopted.
The following amendment was read:
Mr. Smith of Lamar moves to amend HB 278 as follows:
Section 3 paragraph 9. Tires--Delete in its entirety and substitute in lieu thereof:
Section 3. Paragraph 9. Tires. All tires shall have measurable tread, free from any breaks. No vehicle shall be passed if there is visible wheel damage present. Regrooved tires are permitted only on truck tires. No retreaded tires shall be permitted upon the front wheels of buses."
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 Bagby Bowen, R. L. Brackin Brantley Brown, M. P. Clarke, H. G. Crowe DeVane Dorminy
Harrington Jessup Lee, F. S. Leonard Lewis, E. B. Marshall McRae Merritt Murphy Peterson
Rhodes Ross Rowland Smith, J. R. Steis Tabb Walker Woodward
MONDAY, FEBRUARY 22, 1965
857
Those voting in the negative were Messrs.:
Anderson Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Bynum Byrd Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Colwell Davis Dean Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Houston Howell Hudgins Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowery Luke Matthews, C. Matthews, D. R. McCracken McDaniell Minge Mitchell Moore, Don C. Moore, J. H. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page
Paris Perry Phillips, G. S. Phillips, L. L. Pope Poss Rainey Reid Richardson Robetrs Rogers, Jimmie Roper Russell Savage Sewell Shea Shuman Simkins Simmons Smith, E. B., Jr. Snow Spikes Spillers Story Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Wells Wiggins Williams, W. M.
Those not voting were Messrs.:
Acree Alien Arnsdorff Bolton Branch Brown, Gene Busbee Caldwell Collins, J. F.
Collins, M. Conger Conner Dailey DeLoach Dollar Doster Flynt Griffis
Hale Hall Holder Hutchinson Jones, C. M. Jones, F. C. Knight, W. D. Lane Maddox
858
Mauldin Mauney McClelland McKemie Melton Milhollin Mixon Moate Moses NeSmith, J. D. Nessmith, P.
JOURNAL OF THE HOUSE,
Newton, D. L. Parker Pickard Potts Reaves Rodgers, H. B. Rush Simpson Singer Smith, A. B. Smith, Chas. C.
Smith, G. L. II Smith, V. T. Stalnaker Watkins Watson White Williams, G. J. Wilson Wright Mr. Speaker
On the adoption of the amendment, the ayes were 28, nays 117.
The amendment was lost.
The following amendment was read:
Mr. Smith, of Lamar, amends HB 278 as follows:
1. By adding to the caption between the words "made", and "to repeal", in the twelfth line thereof, the following: "to limit the liability of inspectors;"
2. By adding a new section after Section 5, as follows:
"Section------.... No person, firm or corporation making any inspection required by this Act shall be held liable in damages on account of such inspection, or failure to inspect, or the issuance of any certificate, or other evidence of inspection, unless it is made to appear that such person, firm or corporation was guilty of wilfulness or wantonness in connection therewith."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bowen, R. L. Clark, J. T. Harrell Jessup
Knight, D. W.
Lee, P. S. Melton Moore, J. H. Peterson
Smith, Chas. C.
Smith, G. L. II Smith, J. R. Steis Tucker, J. B.
MONDAY, FEBRUARY 22, 1965
859
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Davis Dean Dickinson Dixon Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Hale Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lambert Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell Merritt Minge Mitchell Mixon Moore, Don C. Murphy Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford
Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Poss Rainey Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Singer Smith, E. B., Jr. Smith, V. T. Spikes Spillers Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Acree Arnsdorff
Bolton Brackin
Branch Brantley
860
Brown, Gene Caldwell Carr Collins, J. F. Conger Conner Dailey DeLoach DeVane Dollar Doster Flynt Hall Jones, C. M.
JOURNAL OP THE HOUSE,
Jones, F. C. Knight, W. D. Lane Lewis, E. B.
Mauney McKemie McRae Milhollin Moate Moses NeSmith, J. D. Nessmith, P. Pickard Potts
Eeaves Rodgers, H. B. Shuman Simpson
Smith, A. B. Snow Stalnaker Thomason Watson White Wilson Mr. Speaker
On the adoption of the amendment, the ayes were 14, nays 144.
The amendment was lost.
The following amendment was read:
Lewis of Wilkinson moves to amend HB 278, section 3, paragraph 7, subparagraph A by adding a new sentence that shall read as follows:
"Provided however a single crack shall not be considered an obstruction."
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 Alien Bagby Balkcom Ballard Barber Beck Bedgood Black
Blair Blalock Bowen, R. L. Brackin Brantley
Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T.
Clarke, H. G. Coker, G., Dr. Colwell Crowe Davis
Dean DeVane Duncan, A. C. Dunwody Evans Farrar Floyd Flynt Fulford
Gary Grahl Griffin Griffis Hale
MONDAY, FEBRUARY 22, 1965
861
Harrington Harris, J. F. Harris, J. R. Henderson Herndon Houston Hudgins Hutchinson Irvin Jessup Jones, G. Paul Kelly Knight, W. D.
Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell
McRae Melton Merritt Milhollin Mitchell Mixon Moore, Don C. Nesmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Parker Perry Peterson Phillips, G. S. Pope Potts Rainey Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Russell
Savage Sewell Shea Shuman Simkins Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spillers Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Wells Wiggins Williams, G. J. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Bowen, J. 0. Brinkley Brooks, Wilson Dickinson Dorminy Duncan, V. W. Etheridge Harrell Harris, R. W. Holder
Howell Hull Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Knight, D. W. Lee, W. J. (Bill) Lovett McClelland Moore, J. H.
Those not voting were Messrs.:
Acree Anderson Arnsdorff Bolton Branch
Brown, Gene Coker, R. Collins, J. F. Collins, M. Conger
Murphy Overby Paris Snow Steis Thomas Walker Ware Williams, W. M.
Conner Dailey DeLoach Dixon Dollar
862
Doster Hall Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Mauney McKemie Minge
JOURNAL OF THE HOUSE,
Moate Moses Nessmith, P. Phillips, L. L. Pickard Poss Reaves Rodgers, H. B. Roper
Simpson Smith, A. B. Spikes Stalnaker Watson White Mr. Speaker
On the adoption of the amendment, the ayes were 135, nays 29.
The amendment was adopted.
The following amendment was read:
Mr. Shea of Chatham moves to amend HB 278 as follows:
By striking in its entirety Subparagraph (2) of Subsection (a) of Section 126, which Section is quoted in Section 3 of said Bill, and sub stituting in lieu thereof a new Subparagraph (2) to read as follows:
"(2) LIGHTS. All lights located upon the exterior of the ve hicle shall be in working order.
"a. Those vehicles equipped with headlamps shall be inspected to determine that each headlamp burns with at least the minimum candlepower output as follows:
1. For multiple beam headlamps--5,000 candlepower
2. For dual headlamp systems--7,000 candlepower and that the headlamps are adjusted within the following tolerances:
"b. Aim Inspection--Visual Method. For horizontal and vertical beam, aim sideways and up and down.
1. Any upper beam of a symmetrical beam headlamp (all single --and double-beam lamps such as sealed beam 5%-inch Type 1 and sealed beam 7-inch except Type 2) where the center of th highintensity zone is:
(a) Horizontally more than 6 inches to the right or left of straight ahead.
(b) Vertically above or more than 4 inches below the lamp center level.
MONDAY, FEBRUARY 22, 1965
863
2. Any lower beam of an asymmetrical beam headlamp such as sealed beam 5%-inch Type 2 and sealed beam 7-inch Type 2 lamps where:
(a) Horizontally the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right.
(b) Vertically the top edge of the high-intensity zone is more than 2 inches above or below the lamp center level.
3. Any symmetrical beam fog lamp where the center of the high-intensity zone is more than 6 inches right or left of straight ahead, or where the top edge of the high-intensity zone is higher than 2 inches below the fog lamp center level.
4. Any asymmetrical beam fog lamp where the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right, or where the top edge of the highintensity zone is above the fog lamp center level.
"c. Aim Inspection--Mechanical Method.
1. Sealed Beam 7-inch except Type 2 and Sealed Beam 5%-inch Type 1 Lamps.
(a) Where aim is horizontal (sideways), approval shall be re fused if graduation is more than 4 to the right or left of straight ahead. Mechanical aim graduation shall be set at zero straight ahead when a lamp is reaimed.
(b) When aim is vertical (up and down), approval shall be refused if graduation is higher than % down or lower than 3% down. Mechanical aim graduation shall be set at 2 down when one is reaiming.
2. Sealed Beam 7-inch Type 2 and 5% -inch Type 2 Lamps.
(a) When aim is horizontal (sideways), approval shall be re fused if graduation is to the left of straight ahead or more than 6 to the right. Mechanical aim graduation shall be set at % to the right of straight ahead when a lamp is reaimed.
(b) When aim is vertical (up and down), approval shall be re fused if graduation is higher than % down or lower than 3% down. Mechanical aim graduation shall be set at 2 down when one is reaiming."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
864
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Bedgood Bowen, J. O. Brinkley Brooks, Wilson Busbee Carr Clarke, H. G. Coker, R. Collins, J. F. Conger DeVane Dickinson Dixon Dollar Duncan, V. W. Dunwody Etheridge Farrar Gary Hale Harrell Harris, J. R.
Harris, R. W. Houston Hudgins Hull Jones, G. Paul Jones, M. Jordan, Ben C.
Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Luke Maddox Matthews, C. McClelland McCracken McDaniell Moore, J. H.
Odom Oglesby Poss Richardson Rogers, Jimmie Rowland Russell Sewell Shea Simkins Smith, A. B. Snow Spikes Steis Thomas Tucker, J. B. Tucker, Ray M. Walker Ware Watson Wiggins Wilson
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Bagby Balkcom Ballard Barber Beck Black Blalock Bowen, R. L. Brackin Brooks, Geo. B. Brown, M. P. Bynum Byrd Chandler Coker, G., Dr. Collins, M. Colwell Crowe Davis Dean Dorminy Duncan, A. C. Evans
Floyd Flynt Fulford Grahl Griffin Harrington Harris, J. F. Henderson Herndon Holder Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Lee, F. S. Lee, G. B. Leonard Looper Lovett Lowrey Marshall Matthews, D. R. Mauney McRae Milhollin
Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy Newton, A. S. Newton, D. L. Otwell Overby Pafford Paris Peterson Phillips, G. S. Phillips, L. L. Pope Rainey Reaves Reid Rhodes Roberts Ross Rush Savage Simmons Simpson
MONDAY, FEBRUARY 22, 1965
865
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spillers Story
Sweat Tabb Thomason Tidwell Underwood Vaughan, D. N.
Watkins
Wells
,
Williams, G. J.
Woodward
!
Wright
Those not voting were Messrs.:
Arnsdorff Blair Bolton, A. K. Branch Brantley Brown, Gene Caldwell Clark, J. T. Conner Dailey DeLoach Doster Griffis Hall
Howell Jones, F. C. Jordan, W. H. Lane Mauldin McKemie Melton Merritt NeSmith, J. D. Nessmith, P. Page Parker Perry Pickard
Potts Rodgers, H. B. Roper Shuman Singer Smith, G. L. II Stalnaker Strickland Vaughn, C. R. White Williams, W. M. Mr. Speaker
On the adoption of the amendment, the ayes were 66, nays 98.
The amendment was Lost.
The following amendment was read and adopted:
Mr. Caldwell of Upson moves to amend HB 278 as follows:
By deleting in its entirety Subsection (e) of Subparagraph 11 of Subsection (a) of Section 126, which Section is quoted in Section 3 of said Bill, and by renumbering Subsections (d) through (f) of Subpara graph 11 as Subsections (c) through (e), respectively.
The following Substitute to HB 278 was read:
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved April 3, 1963 (Ga. Laws 1963, p. 333), so as to increase the time
866
JOURNAL OF THE HOUSE,
within which a vehicle may be allowed to meet the requirements pre scribed for a certificate of inspection; to change the provisions relating to inspection of certain vehicles; to extend the time within which the initial inspections for vehicles shall be made; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby amended by striking from Sub section (c) of Section 124 the figure "5" and inserting in lieu thereof the figure "30", so that when so amended Subsection (c) of Section 124 shall read as follows:
"(c) In the event such vehicle is found to be in unsafe condition or any required aprt or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equip ment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of inspection and ap proval be obtained within 30 days."
Section 2. Said Act is further amended by striking the second para graph of Subsection (a) of Section 126 in its entirety and inserting in lieu thereof a new second paragraph to read as follows:
"Such inspections shall be made in such manner as to determine whether every such vehicle is in conformity with the provisions of this Act relative to the equipment provided for in this Act, and no certificate shall be issued for any such vehicle which is not in conformity with such provisions."
Section 3. Section 3 of the aforesaid amendatory Act approved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby amended by striking the word and figures "July 1, 1965", and substituting in lieu thereof the word and figures "October 31, 1965", so that when so amended Section 3 of said Act shall read as follows:
"Section 3. 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 October 31, 1965."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
MONDAY, FEBRUARY 22, 1965
867
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Bedgood Brackin Colwell Dixon Dunwody
Leonard Looper Matthews, C. Mauney Moore, J. H. Murphy
Savage Smith, J. R. Vaughan, D. N. Walker
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dean Dickinson Dollar Dorminy Duncan, A. C. Duncan, V. W. Evans Farrar Floyd Flynt
Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Kelly Knight, D. W.
Knight, W. D. Lambert Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Luke
Marshall Matthews, D. R. McClelland McCracken McDaniell McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross
868
Rush Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow
JOURNAL OF THE HOUSE,
Spikes Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R.
Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Branch Brantley Brooks, Wilson Clark, J. T. Clarke, H. G. Conner Dailey Davis DeLoach DeVane Doster Etheridge
Hall Jones, F. C. Laite Lewis, E. B. Maddox Mauldin McKemie Nessmith, P. Parker Pickard Potts Rodgers, H. B. Rowland
Russell Smith, A. B. Smith, Chas. C. Smith, G. L. II Spillers Stalnaker Strickland Tucker, J. B. White Wilson Mr. Speaker
On the adoption of the substitute, the ayes were 16, nays 151.
The substitute was lost.
The following substitute to HB 278 was read:
A BILL
To be entitled an Act to amend an Act entitled "Uniform Act Regu lating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953 Nov.-Dec. Sess., p. 556, as amended, particularly by an Act ap proved March 17, 1960 (Ga. Laws 1960, p. 950), and an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), so as to change the provisions relating to the inspection of motor vehicles; to provide that motor ve hicles shall be required to be in safe mechanical condition; to authorize the members of the State Highway Patrol to make inspections of motor vehicles; to provide for the inspection of school buses; to require per sons driving motor vehicles to submit such vehicles to inspection; to authorize the suspension of registration of motor vehicles found to be in an unsafe condition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 22, 1965
869
Section 1. An Act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953 Nov.-Dec. Sess., P. 556), as amended, particularly by an Act approved March 17, 1960, (Ga. Laws 1960, p. 950), and an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby amended by striking in its entirety Article XVI and substituting in lieu thereof a new Article XVI to read as follows:
"ARTICLE XVI
Inspection of Vehicles.
Section 123. Vehicles without required equipment or in unsafe condition. No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this Act and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
Section 124. Inspections by officers of the Department, (a) The Director and members of the State Highway Patrol, may at any time require the driver of any vehicle to stop and submit such vehicle to any inspection and such test with reference thereto as may be appropriate.
(b) In the event such vehicle is found to be in unsafe condi tion or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the Department.
(c) All school buses must be inspected when required or re quested by the Director or any member of the Georgia State Patrol in order to ascertain its mechanical and physical condition as to brakes, lights and any other feature which the Director may deem essential for the safety of its driver, passengers, and general public, and in the event such member of the Georgia State Patrol or said Director after such inspection determines that the operation of any such school bus in its then existing condition would be unsafe and notifies the driver or owner thereof in writing what particulars such school bus is unsafe, such school bus shall not be again used in transporting school children until after it has been repaired and made safe in the particulars specified by such member of the Georgia State Patrol or said Director. Provided, further, that any
person operating a school bus shall have passed a driver's examina
tion and qualified for a chauffeur's license, otherwise, such person
shall pass a driver's examination and qualify for a chauffeur's
license before being permitted to operate a school bus.
Section 125. Owners and drivers to comply with inspection laws. No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer or employee of the Department.
870
JOURNAL OF THE HOUSE,
Section 126. Director may order registration suspended. The Director may order the proper authorities to suspend the registra tion of any vehicle which he determines is in such unsafe condition as to constitute a menace to safety or which after notice and demand is not equipped as required in this Act or for which a required
certificate has not been obtained."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Beck Bowen, R. L. Dixon Henderson Herndon Hudgins
Jessup Knight, W. D. Lee, G. B. Leonard Maddox Mixon Pafford Ross
Rush Savage Smith, J. R. Thomas Vaughan, D. N. Watkins
Those voting in the negative were Messrs.
Abney Anderson Bagby Balkcom Ballard Barber Bedgood Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F. Colwell Conger Crowe Davis Dean DeVane Dickinson Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale
Harrell Harrington Harris, J. R. Harris, R. W. Holder Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey
MONDAY, FEBRUARY 22, 1965
871
Luke Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Oglesby Otwell Overby Page
Paris Parker Perry Peterson Phillips, G. S. Pope Poss Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr.
Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Ware Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Arnsdorff Brackin Branch Brantley Brown, M. P. Collins, M. Conner Dailey DeLoach Doster Hall Harris, J. F.
Jones, F. C. Knight, D. W. Lane Lewis, E. B. Lovett Mauney McCracken Moate Nessmith, P. Odom Phillips, L. L. Pickard
Potts Rainey Rowland Smith, A. B. Strickland Underwood Walker Watson White Mr. Speaker
On the adoption of the substitute, the ayes were 22, nays 148.
The substitute was Lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
872
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 Alien Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Blair Blalock Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeVane Dollar Dorminy Doster Duncan, A. C. Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin
Griffis Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie Melton Merritt Milhollin
Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pope Poss Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes
Spillers Stalnaker Steis Story Strickland Tabb Thomas Thomason
MONDAY, FEBRUARY 22, 1965
873
Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Ware Watkins Watson
Wells Wiggins Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Black Bowen, R. L. Brackin Brantley Brown, Gene Dickinson
Dixon Dunwody Harris, J. F. Herndon Jones, M. Jordan, Ben C.
McRae
Phillips, L. L.
Sweat
Vaughan, D. N.
Walker
'
Williams, G. J.
Those not voting were Messrs.:
Balkcom Bolton Branch Dailey DeLoach Duncan, V. W.
Hall Jones, F. C. Nessmith, P. Pickard Potts Rainey
Singer Smith, A. B. Smith, Chas. C. White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 169, nays 18.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lewis of Wilkinson 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 "Nay" on HB 278.
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, and others:
A Bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed phy sician of the State of Georgia, stating that an underage female is preg nant, and for other purposes.
Mr. Pafford of Lanier offered an amendment which was Lost.
874
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. Fulford of Terrell, moves to amend HB 279 as follows:
By adding at the end of Section 1 the following words:
"Licensed attending physician shall include only those phy sicians licensed under Code Chapters 84-9 or 84-12."
Mr. Fulford of Terrell, moves to amend HB 279 as follows:
By adding at the end of Section 6 the following words:
"Physician's certificate shall include only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12." Mr. Fulford of Terrell, moves to amend HB 279 as follows:
By adding at the end of Section 4 the following words:
"Licensed attending physician shall include only those phy sicians licensed under Code Chapters 84-9 or 84-12."
The following amendment was read:
Mr. Hale of Bade and Mr. Abney of Walker move to amend HB 279 by striking the words:
"is in fact pregnant."
wherever said words appear in Section 1, and substituting in lieu thereof the words:
"is, in his opinion, pregnant."
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 Acree Alien Bagby Balkcom Barber Beck Blair Brackin Brooks, Geo. B. Brooks, Wilson Brown, M. P.
Busbee
Bynum Caldwell Carr Clark, J. T. Coker, R. Coiling, M. Colwell Conger DeVane Dickinson Dixon Dollar Duncan, V. W.
Farrar Floyd Flynt Gary Grahl Griffin Griffis Hale Harris, J. R. Holder Hudgins Jones, F. C. Jones, M.
MONDAY, FEBRUARY 22, 1965
875
Jordan, Ben C. Jordan, W. H. Knight, W. D. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Mauldin McClelland McCracken McRae Melton Merritt Mitchell Mixon Moore, J. H.
Murphy Newton, A. S. Oglesby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Reaves Reid Rhodes Rodgers, H. B. Rowland Russell Savage Shuman
Smith, E. B., Jr. Smith, G. L. II Smith, V. T.
Snow Steis Strickland Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watkins Wiggins Woodward Wright
Those voting in the negative were Messrs.:
Anderson Ballard Bedgood Black Blalock Bowen, J. O. Brinkley Brown, Gene Byrd Coker, G., Dr. Collins, J. F. Crowe Dorminy Duncan, A. C. Dunwody Evans Fulford Harrington Harris, J. F. Harris, R. W. Henderson, W. Houston Hutchinson Irvin Jessup
Johnson, B. Jones, C. M. Jones, G. Paul
Kelly Knight, D. W. Laite Lane Lewis, E. B. Lovett Lowrey Luke
Matthews, C. Matthews, D. R. McDaniell Milhollin Moate Moore, Don C. Moses Newton, D. L. Odom Otwell Overby Phillips, L. L. Pope Poss
Potts Rainey Richardson Roberts Rogers, Jimmie
Roper Rush Sewell Shea Simpson Smith, A. B. Smith, Chas. C. Smith, J. R. Spillers Story Sweat Thomas Thomason Vaughan, D. N. Watson Wells Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Arnsdorff Bolton Bowen, R. L. Branch
Brantley Chandler Clarke, H. G. Conner
Dailey Davis Dean DeLoach
876
JOURNAL OF THE HOUSE,
Doster
Etheridge Hall Harrell Herndon Howell Hull Johnson, Dr. A. S. Lee, G. B.
Maddox
Marshall Mauney McKemie Minge NeSmith J. D. Nessmith, P. Pickard Ross
Simkins
Simmons Singer Spikes Stalnaker White Mr. Speaker
On the adoption of the amendment, the ayes were 93, nays 74.
The amendment was adopted.
The following amendment was read:
Mr. Hale of Dade and Mr. Abney of Walker move to amend HB 279 by striking Section 3 thereof and inserting a new Section 3 to read as follows:
SECTION 3
Said Title is further amended by striking from the second para graph of Code Section 53-202, relating to the application for license; information as to impediments; 3-day waiting periods, as amended, par ticularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 214), the following words:
"and shall not apply in any case where the proposed wife is pregnant, providing that the proposed wife executes an affidavit to the fact that she is pregnant, regardless of the age of either party.",
and inserting a period after the words:
"twenty-one years of age.",
so that when so amended the second paragraph of Code Section 53-202 shall read as follows:
"Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a violation of Section 53-9911; provided, further, however, that the preceding proviso shall not apply in any case where the parties to the marriage are at least twenty-one years of age. No license shall be issued between 6:00 p.m. and 8:00 a.m."
MONDAY, FEBRUARY 22, 1965
877
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 Acree Arnsdorff Bagby Balkcom Beck Black Blair Brackin Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Collins Davis Dean DeVane Dollar Duncan, V. W. Floyd Flynt Gary Griffin Griffis
Hale
Holder Howell Hudgins Jones, F. C. Jordan, Ben C. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett Marshall Mauldin McClelland McCracken McDaniell McKemie McRae Merritt Mitchell Mixon Murphy NeSmith, J. D. Newton, A. S. Oglesby
Pafford Page Parker Perry Phillips, G. S. Reaves Rhodes Roberts Rodgers, H. B. Roper Rush Russell Shuman Singer Smith, E. B., Jr. Smith, V. T. Spikes Spillers Steis Strickland Tabb Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Ware Woodward Wright
Those voting in the negative were Messrs.
Alien Anderson Ballard Barber Bedgood Blalock Bowen, J. 0. Brantley Brinkley Brooks, Geo. B. Brown, Gene Busbee Coker, G., Dr. Collins, J. F. Colwell
Crowe Dorminy Duncan, A. C. Dunwody Evans Farrar Fulford Grahl Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Houston
Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Kelly Knight, D. W. Laite Lewis, E. B. Looper Lowrey Luke
878
Matthews, C. Matthews, D. R. Mauney Milhollin Minge Moate Moore, Don C. Moses Newton, D. L. Odom Overby Paris Peterson Phillips, L. L.
JOURNAL OF THE HOUSE,
Pope Poss Potts Rainey Reid Richardson Rogers, Jimmie
Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, Chas. C.
Smith, J. R. Snow Story Sweat Thomas Tidwell Vaughan, D. N. Walker Watson Wiggins Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Bolton Bowen, R. L. Branch Chandler Conger Conner Dailey DeLoach Dickinson Dixon Doster
Etheridge Hall Harrell Jones, M. Jordan, W. H. Maddox Melton Moore, J. H. Nessmith, P. Otwell Pickard
Ross Rowland Simmons Smith, G. L. II Stalnaker Thomason Watkins Wells White Mr. Speaker
On the adoption of the amendment, the ayes were 86, nays 86.
The Speaker voted "Nay".
The amendment was Lost.
Mr. Floyd of Chattooga moved that the House reconsider its action in failing to adopt the amendment.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Arnsdorff
Bagby Balkcom
Blair Brackin
Brown, M. P. Caldwell
Carr Clark, J. T.
Coker, R. Conger Conner Crowe Davis DeVane Dollar Duncan, V. W. Farrar Floyd Flynt Griffin Griffis Hale Harrell Holder
Howell
MONDAY, FEBRUARY 22, 1965
879
Hudgins Jones, F. C. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lambert Lane Lee, G. B. Leonard Lewis, P. B. Marshall McCracken McDaniell McKemie Mitchell Mixon Moore, J. H. Moses Murphy Newton, A. S. Oglesby
Pafford Page Parker Perry Phillips, G. S. Reaves Rhodes Rodgers, H. B. Rowland Shuman Smith, E. B., Jr.
Smith, V. T. Spillers Steis Strickland Tabb Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Ware Woodward
Those voting in the negative were Messrs.:
Acree Alien Anderson Ballard Barber Bedgood Blalock Bowen, J. 0. Brantley Brinkley Brooks, Geo. B. Brooks, Wilson
Brown, Gene Busbee Bynum Byrd Coker, G., Dr. Collins, J. F. Colwell Dean Dickinson Dorminy Doster Duncan, A. C. Dunwody Evans Fulford Gary Grahl Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Houston Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kelly Knight, D. W. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B.
Looper Lovett Lowrey Luke Matthews, C. Matthews, D. R. Mauldin Mauney McClelland
McRae Melton Milhollin Minge Moate Moore, Don C. NeSmith, J. D. Newton, D. L. Odom Otwell Overby Paris Peterson Phillips, L. L.
Pope Poss Potts Rainey Reid Richardson Roberts Rogers, Jimmie
Roper Rush Savage Sewell Shea Simkins Simpson Smith, A. B.
880
Smith, Chas. C. Smith, J. R. Snow Story Sweat Thomas
JOURNAL OF THE HOUSE,
Thomason Tidwell Underwood Watkins
Watson Wells
Wiggins Williams, G. J. Williams, W. M. Wilson
Wright
Those not voting were Messrs.:
Beck Black Bolton Bowen, R. L. Branch Chandler
Clarke, H. G. Collins, M. Dailey DeLoach
Dixon Etheridge Hall Maddox Merritt Nessmith, P.
Pickard Ross Russell Simmons
Singer Smith, G. L. II Spikes Stalnaker Vaughan, D. N. Walker
White Mr. Speaker
On the motion to reconsider, the ayes were 69, nays 107.
The motion was lost.
The following amendment was read:
Mr. Hale of Dade and Mr. Abney of Walker move to amend HB 279 by striking the period and inserting a comma at the end of new Section 53-204 as set forth in Section 4, and by adding the following words, to-wit:
"If either of the parties is under 21 years of age."
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 Bagby Beck Black Blair Brackin Brown, M. P. Busbee
Carr Clark, J. T. Collins, M. Crowe Davis Dean DeVane Dollar
Duncan, V. W. Floyd Flynt Griffis Hale Holder Howell Hudgins
Jones, F. C. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. McDaniell Merritt Mixon
MONDAY, FEBRUARY 22, 1965
881
Moore, J. H. Moses Murphy Oglesby Pafford Perry Reaves Rhodes Rowland Shuman Singer
Smith, E. B., Jr. Smith, V. T. Steis Strickland Tabb Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Woodward
Those voting in the negative were Messrs.:
Alien Anderson Ballard Barber Bedgood Blalock Bowen, J. O. Brantley Brinkley Brooks, Geo. B. Brown, Gene Bynum Byrd Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Dickinson Dixon Duncan, A. C. Dunwody Evans Farrar Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Houston
Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Looper Lovett Lowrey Luke Matthews, C. Matthews, D. R. Mauldin Mauney McClelland Melton Milhollin Mitchell Moate Moore, Don C. NeSmith, J. D. Newton, D. L. Odom Otwell Overby Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Potts Rainey Reid Richardson Roberts Rogers, Jimmie Rush Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, Chas. C. Smith, J. R. Snow Spikes Spillers Story Sweat Thomason Tidwell Underwood Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Acree Arnsdorff
Balkcom Bolton
Bowen, R. L. Branch
882
Brooks, Wilson Caldwell Chandler Conger Conner Dailey DeLoach Dorminy Doster Etheridge Hall Jones, M.
JOURNAL OF THE HOUSE,
Lane Maddox Marshall McCracken McKemie McRae Minge Nessmith, P. Newton, A. S. Page Paris Parker
Pickard Rodgers, H. B. Roper Ross Russell Simmons Smith, G. L. II Stalnaker Thomas Vaughan, D. N. White Mr. Speaker
On the adoption of the amendment, the ayes were 56, nays 106.
The amendment was lost.
The following amendments were read and adopted:
Mr. Hale of Dade and Mr. Abney of Walker move to amend HB 279 by striking the words:
"is in fact, pregnant."
wherever said words appear in Section 1, and substituting in lieu thereof the words:
"is, in his opinion, pregnant."
Mr. Hale of Dade and Mr. Abney of Walker move to amend HB 279 by striking Section 9 thereof and inserting a new Section 9 to read as follows:
SECTION 9
Said Title is further amended by adding to Code Section 53-99. Crimes, a new subsection to be designated "53-9912. Filing false in formation relating to application for marriage licenses", to read as follows:
"53-9912. Filing false information relative to application for marriage licenses.--Any person who shall wilfully furnish false information in connection with the application and issuance of any marriage license, either in the application for the license, or in furnishing proof of age, or in the physician's certificate as to pregnancy, shall be guilty of a misdemeanor, and shall be punished as for a misdemeanor."
Mr. Hale of Dade and Mr. Abney of Walker move to amend HB 279 by inserting in Line 13 of the caption between the words:
MONDAY, FEBRUARY 22, 1965
883
"period" and "from",
the following words:
"in certain cases",
and by striking from Lines 17, 18, 19, 20 and 21 of the caption the following words:
"to provide additional duties of the Attorney General of this State as well as the Solicitor Generals of the various superior courts in regard to prosecuting violations of this Chapter; to provide for impeach ment of the above mentioned officers for failure to prosecute violations of this Chapter",
and inserting in lieu thereof the following words, to-wit:
"to provide that certain actions shall constitute misdemeanors and to provide for the punishment thereof".
Mr. Jones of Muscogee moves to amend HB 279 Section 2, by in serting in the 9th and 10th line of the new Section 53-201, after the word "judge", the words "city recorder,".
Mr. Paris of Barrow moves to amend HB 279 by adding to the end of Section 1, the following:
Said certificate signed by a physician shall be available for inspection by the parents or guardians of either the female or male applicant under this Section, but said certificate shall not be open to public inspection except on order of a judge of the Superior Courts."
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 Arnsdorff Barber Beck Black Blair Blalock Bowen, J. 0.
Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd
Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Colwell Conger Conner Dailey
884
JOURNAL OF THE HOUSE,
Davis DeVane Dickinson Dixon Dollar Doster Duncan, A. C.
Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D.
Laite Lambert Lane Lee, G. B. Leonard Lewis, E. B. Looper Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Page Paris Perry Phillips, G. S. Pope Poss
Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Rowland Rush Savage
Sewell Shea Shuman Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Story Strickland Sweat Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Abney Bagby Bedgood Brackin Chandler
Collins, M. DeLoach
Hale Hudgins Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Murphy
Overby Rainey Roberts Steis Tabb Tidwell
Those not voting were Messrs.:
Acree Balkcom
Ballard Bolton
Bowen, R. L. Branch
Caldwell Carr Collins, J. F. Crowe Dean Dorminy Etheridge Hall Hull
Jessup Jordan, W. H.
MONDAY, FEBRUARY 22, 1965
886
Maddox Mauney Nessmith, P. Pafford Parker Peterson Phillips, L. L. Pickard Roper
Ross Russell
Simmons Singer Smith, A. B. Smith, G. L. II Thomas Walker Wells Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 148, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Ballard of Newton would like to be recorded as voting "Aye".
Mr. Rhodes of Baker 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 "Nay".
Mr. Looper of Dawson stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
Mr. Wilson of Brantley asked unanimous consent that HB 279 be immediately transmitted to the Senate.
The consent was granted and HB 279 was ordered immediately transmitted to the Senate.
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, and others: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
886
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 Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Bowen, J. 0. Bowen, E. L. Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Byrd Caldwell Carr Clarke, H. G. Coker, R. Collins, J. P. Collins, M. Colwell Conner
Crowe Davis Dean Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Harrell Harris, J. F. Harris, R. W. Henderson Holder Houston
Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, C. Matthews, D. R. Mauldin
Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moses Murphy Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Overby Page Paris Parker Perry
Peterson Phillips, L. L. Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Rowland Rush Savage Sewell Shea Shuman Simkins Simp son Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, C. R. Walker Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Woodward Wright
MONDAY, FEBRUARY 22, 1965
887
Those not voting were Messrs.:
Ballard Blalock Bolton Branch
Brantley Brooks, Wilson Busbee Bynum Chandler Clark, J. T. Coker, G., Dr. Conger Dailey DeLoach DeVane Doster Etheridge Flynt
Griffis Hale Hall Harrington
Harris, J. R. Herndon Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Marshall McCracken Melton Nessmith, P. Odom
Otwell Pafford Phillips, G. S. Pickard
Pope Roper Ross Russell Simmons Smith, A. B. Smith, V. T. Tucker, J. B. Vaughan, D. N. White Wiggins Wilson Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Blalock of Coweta and Brantley of Candler stated they were called 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 399.
Mr. Bagby of Paulding moved that this House do now adjourn until 9:30 a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 a.m. tomorrow.
888
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 23, 1965
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 Rev. Eddie L. Smith, Pastor, Midville Baptist Church, Midville, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Tuesday, February 23, 1965, and submits the following:
TUESDAY, FEBRUARY 23, 1965
889
HB 58. Real Estate Salesman (reconsidered) HB 226. Tax Commissions, Overage HB 247. Stone Mountain Memorial Association, Amend HB 252. Highways, Vegetation on Banks HB 274. Gas Storage, Underground HB 287. Governing Body, Public Meetings HB 296. Insurance Code, Mortgage Loans HB 360. County Boards of Education, Members HB 289. Highways, Bridges, Etc.
SENATE
SB 13. Voting Absentee Ballots, Procedure
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Carr of Washington, Secretary.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 449. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the per diem and mileage of members of the General Assembly, so as to provide for compensation, allowances and mileage for members of the General Assembly; and for other purposes.
Referred to the Committee on Rules.
HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 451. By Mr. Paris of Barrow: A Bill to be entitled an Act to amend an Act creating a Board of Com-
890
JOURNAL OF THE HOUSE,
missioners of Roads and Revenues for Barrow County, so as to change the compensation of the chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 452. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 92-7701, providing the time within which all State, county, city or other tax executions, before or after legal transfer and record, shall be enforced, so as to change the manner and time in which such executions may be enforced; and for other purposes.
Referred to the Committee on Judiciary.
HB 453. By Messrs. Thomas of Wayne, Smith of Glynn, Rogers of Long, Rhodes of Baker, Herndon of Appling, Rush of Tattnall and Rowland of John-
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 from the taxes imposed by said Act, medicine, drugs, and prosthetic appliances, including but not limited to, artificial arms and legs, when prescribed by a licensed physician; and for other purposes.
Referred to the Committee on Ways and Means.
HB 454. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a Small Claims Court in counties in this State having a popu lation of not less than 16,500 and not more than 16,700, so as to change the qualifications of the judge of such court; and for other purposes.
Referred to the Committee on Local Affairs.
HR 192-454. By Mr. Paris of Barrow:
A Resolution authorizing the Governor to convey to the City Council of the City of Winder an easement for the purpose of constructing, maintaining and operating a sewer line or lines, over and through the property in Barrow County owned by the State of Georgia and operated as a part of Port Yargo State Park, Winder, Barrow County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 455. By Mr. Brantley of Candler: A Bill to be entitled an Act to amend an Act establishing the city court
TUESDAY, FEBRUARY 23, 1965
891
of Metier, so as to change the method of filling vacancies in the office of judge; and for other purposes.
Refered to the Committee on Local Affairs.
HB 456. By Mr. Griffis of Cook:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, so as to provide that the person purchasing motor fuel for use in aircraft motors for aviation purposes shall be entitled to the refund; and for other purposes.
Referred to the Committee on Ways and Means.
HB 457. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 458. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to place the sheriff of Quitman County upon an annual salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 459. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to provide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City of Lyons; and for other purposes.
Referred to the Committee on Local Affairs.
HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb: A Bill to be entitled an Act to amend an Act creating a 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 461. By Mr. Walker of Lowndes: A Bill to be entitled an Act to amend the Charter of the City of
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JOURNAL OF THE HOUSE,
Valdosta so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 462. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a Mayor and Council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 463. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to remove the provisions relating to interlocutory hearings; and for other purposes.
Referred to the Committee on Judiciary.
HB 464. By Messrs. NeSmith of Meriwether and McRae of Talbot:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to change the method and procedure of electing the board of commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell, so as to increase the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 466. By Messrs. Gary and Lee of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City ef Riverdale, so as to make provisions for the City governing authority to secure group insurance for the employees in the City of Riverdale; and for other purposes.
Referred to the Committee on Local Affairs.
*HB 467. By Mr. Conger of Decatur: A Bill to be entitled an Act to amend an Act requiring banks having
TUESDAY, FEBRUARY 23, 1965
893
and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure unin vested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; and for other purposes.
Referred to the Committee on Banks and Banking.
*HB 468. By Mr. Conger of Decatur:
A Bill to be entitled an Act to provide for the organization and crea tion of a statewide business development corporation or corporations; and for other purposes.
Referred to the Committee on Banks and Banking.
*At the request of the author, and by unanimous consent by the membership, HB 467 and 468 were read 1st time Monday, February 22, 1965 and referred to Committee. These two bills were added to First Readers in House, February 22, 1965. (See page 827).
HB 469. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend Code Section 85-1303, relating to the definition of navigable streams so as to redefine navigable streams for the purpose of determining fishing rights; and for other purposes.
Referred to the Committee on Game and Fish.
HB 470. By Mr. Thomas of Wayne:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Odum, so as to authorize the Mayor and Council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of Odom in and to a certain abandoned portion of Mershon Street; and for other purposes.
Referred to the Committee on Local Affairs.
HB 471. By Messrs. Clarke of Monroe, Tucker of Henry, Bagby of Paulding and Murphy of Haralson:
A Bill to be entitled an Act to provide that a single in rem condemna tion action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts of land is identical; and for other purposes.
Referred to the Committee on Judiciary.
HB 472. By Mr. Sewell of Chatham: A Bill to be entitled an Act to amend Code Chapter 23-11 relating to
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JOURNAL OF THE HOUSE,
the post of County Surveyor, so as to provide certain qualifications for the position of County Surveyor; and for other purposes.
Referred to the Committee on Judiciary.
HB 473. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 34-708 relating to equipment and arrangement of polling places so as to authorize the ordinary to provide separate voting facilities for electors who, because of their age, health, or disability, cannot stand in line waiting their turn to vote without suffering pain or impairing their health; and for other purposes.
Referred to the Committee on Judiciary.
HB 474. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full time official court reporters and fix their compensation within certain limi tations; and for other purposes.
Referred to the Committee on Appropriations.
HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to the Committee on Appropriations.
HR 193-475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 476. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the charter of the City of Quitman, so as to reduce the number of City Commissioners from five to three; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 23, 1965
895
HB 477. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes.
Referred to the Committee on Local Affairs.
HB 478. By Messrs. Howell of Early, Smith of Emanuel, Snow of Walker, NeSmith of Meriwether, Parker of Screven, Holder of Dodge, McKemie of Clay and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that any person who shall operate or drive any vehicle in such a manner as to be in wilful or wanton disregard of the safety of persons or property shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.
HR 194-478. By Mr. Rainey of Crisp:
A Resolution proposing an amendment to the Constitution so as to pro vide an additional method of publishing notices of intention to apply for a local legislation; and for other purposes.
Referred to the Committee on Judiciary.
HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray:
A Bill to be entitled an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 480. By Messrs. Poss of Madison and Houston of Pierce:
A Bill to be entitled an Act to provide for the licensing of all persons selling swine breeding stock in the State of Georgia; and for other purposes.
Referred to the Committee on Agriculture.
HB 481. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collection of ad valorem taxes on all property
896
JOURNAL OF THE HOUSE,
for the ordinary current expenses of said city such, tax as they may deem necessary and proper; and for other purposes.
Referred to the Committee on Local Affairs.
HB 482. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Thomaston shall not be affected by the provisions of Code Sections 92-4101 through 4104; and for other purposes.
Referred to the Committee on Local Affairs.
HB 483. By Mr. Russell of Thomas:
A Bill to be entitled an Act to provide for the creation of fire protec tion districts in Thomas County outside the corporate limits of any municipality therein; 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 424. By Mr. Potts of Coweta:
A Bill to be entitled an Act to amend an Act entitled "An Act creating a new charter for the City of Newnan", so as to increase the com pensation of the mayor and members of the board of aldermen; and for other purposes.
HB 425. By Mr. Woodward of Butts:
A Bill to be entitled an Act to create the office of commissioner of roads and revenues for Butts County; and for other purposes.
HR 185-425. By Mr. Newton of Jenkins:
A Resolution authorizing the conveyance of certain State property located in Jenkins County; and for other purposes.
HB 426. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Summerville, so as to close the unopened portion of Second
TUESDAY, FEBRUARY 23, 1965
897
Street between Wood Street and Henderson Street located in the Maxey Subdivision within the corporate limits of the City of Summerville; and for other purposes.
HB 427. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville and granting a new charter there for, so as to change the provisions relating to the giving of notice of proposed ordinances; and for other purposes.
HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, the return made the previous year shall be used; and for other purposes.
HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6402 of the Code of Georgia providing for the payment of taxes to the county, so as to provide that a penalty of 10% of the tax due shall accrue on taxes not paid before delinquent; and for other purposes.
HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6913, so as to provide that in certain counties where the owner fails to return prop erty for taxation there shall be assessed certain penalties; and for other purposes.
HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes.
HB 432. By Messrs. Pope of Cherokee, Bedgood and Matthews of Clarke, Otwell of Forsyth, Thomason of Pickens, Moore of Polk, Richardson of Chat ham and many others:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits, so as to change the provisions relating to certain exemptions; and for other purposes.
898
JOURNAL OF THE HOUSE,
HB 433. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act known as the Building and Loan Act, by providing that a State chartered Association shall be local if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100 miles from such Association's Home Office; and for other purposes.
HB 434. By Messrs. Newton of Colquitt, Carr of Washington, NeSmith of Meriwether, Jessup of Bleckley, McRae of Talbot, DeVane of Schley, Collins of Mitchell and Matthews of Colquitt:
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 change the conditions under which the sale of machinery which is used directly in tilling the soil or in animal husbandry shall be exempt; and for other purposes.
HB 435. By Messrs. Laite, Dunwody and Jones of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the corporate limits of said City; and for other purposes.
HB 436. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and couneilmen must receive a majority of the votes cast; and for other purposes.
HB 437. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the Chairman; and for other purposes.
HB 438. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas, so as to change the compensation of the Judge of the City Court and the Solicitor; and for other purposes.
HB 439. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the
TUESDAY, FEBRUARY 23, 1965
899
Tax Commissioner of Coffee County, known as the fee system; and for other purposes.
HR 186-439. By Messrs. Newton of Colquitt, Carr of Washington, NeSmith of
Meriwether, Jessup of Bleckley, McRae of Talbot, DeVane of Schley, Collins of Mitchell and many others: A Resolution proposing- an amendment to the Constitution so as to provide that only the qualified voters who are freeholders, and their spouses, may vote in bond elections; and for other purposes.
HB 440. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retire ment System"; and for other purposes.
HB 441. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refund of motor vehicle fuel tax to counties and incorporated municipalities of the State of Georgia; and for other purposes.
HB 442. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to exempt housing authorities of certain munici palities located in certain counties of this State; and for other purposes.
HB 443. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, known as the fee system; and for other purposes.
HB 444. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of compensat ing the Ordinary of Fayette County, known as the fee system; and for other purposes.
HB 445. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of compensat ing the Clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes.
900
JOURNAL OF THE HOUSE,
HB 446. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Fayette County, known as the fee system; and for other purposes.
HB 447. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Fayette County, so as to make a typographical correction; and for other purposes.
HB 448. By Mr. McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected; to increase corporate limits of said City; and for other purposes.
HR 199. By Mr. Smith of Lamar:
A Resolution authorizing the Secretary of State to employ caretakers for confederate cemeteries, so as to authorize the Secretary of State to employ a caretaker for the Milner Confederate Cemetery; and for other purposes.
HB 467. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure unin vested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; and for other purposes.
HB 468. By Mr. Conger of Decatur:
A Bill to be entitled an Act to provide for the organization and creation of a statewide business development corporation or corporations; and for other purposes.
SB 88. By Senators Salome of the 36th, Ward of the 39th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend the Act creating a system of traffic courts for each city of this State having a population of more than 300,000; and for other purposes.
TUESDAY, FEBRUARY 23, 1965
901
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 6. Do Pass.
Respectfully submitted,
Newton of Colquitt, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 407. Do Pass by Substitute. HB 88. Do Pass.
SB 22. Do Pass. HB 206. Do Pass as Amended.
HB 47. Do Pass. HB 355. Do Pass. HB 356. Do Not Pass.
.-"'" Respectfully submitted,
Melton of Spalding, Chairman.
Mr. Jordan of Calhoun County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the fol-
902
JOUENAL OF THE HOUSE,
lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 394. Do Pass.
Respectfully submitted,
Jordan of Calhoun, Chairman.
Mr. Smith of Whitfield 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 and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 163. Do Not Pass. HB 112. Do Pass.
Respectfully submitted,
Smith of Whitfield, Chairman.
Mr. Clarke of Monroe County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 377. Do Pass.
Respectfully submitted,
Clarke of Monroe, Chairman.
TUESDAY, FEBRUARY 23, 1965
903
Mr. Harris of DeKalb County, Vice-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 337. Do Pass. HR 186-439. Do Pass. HB 321. Do Pass as Amended. HB 374. Do Pass. HB 440. Do Pass. HB 428. Do Pass. HB 429. Do Pass. HB 430. Do Pass. HB 431. Do Pass.
Respectfully submitted,
Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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:
HR 184-423. Do Pass. HR 167-354. Do Pass.
HB 400. Do Pass.
HB 411. Do Pass. HB 412. Do Pass.
HB 415. Do Pass.
904
HB HB
JOURNAL OF THE HOUSE,
416. Do Pass. 419. Do Pass as Amended.
Respectfully submitted,
Tucker of Catoosa, Chairman.
Mr. Carr of Washington County, Secretary of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules had 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 383. Do Pass.
HB 343. Do Pass.
Respectfully submitted,
Carr of Washington,
f
Secretary.
;
Mr. Chandler of Baldwin County, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under considera tion the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 106. Do Pass as Amended.
Respectfully submitted,
Chandler of Baldwin, Chairman.
Mr. Brooks of Fulton County, Chairman of the Committee on Special Judi ciary, submitted the following report:
TUESDAY, FEBRUARY 23, 1965
905
Mr. Speaker:
Your Committee on Special Judiciary 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 131-218. Do Not Pass. HB 188. Do Pass. HB 421. Do Pass.
Respectfully submitted,
Brooks of Pulton, Chairman.
Mr. Barber of Jackson County, Chairman of the Committee on Welfare, sub mitted 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 44. Do Pass by Substitute, SB 35. Do Pass.
Respectfully submitted,
Barber of Jackson, 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 102. By Senators Logging of the 53rd, Fincher of the 51st and others:
A Bill to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes.
906
JOURNAL OF THE HOUSE,
SB 103. By Senators Wesberry of the 37th, Johnson of the 38th and others:
A Bill to to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amenda tory thereof; and for other purposes
SR 52. By Senator Pennington of the 45th:
A Resolution proposing an amendment to Article VII, Section II, Para graph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products; 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 52. By Senator Pennington of the 45th:
A Resolution proposing an amendment to Article VII, Section II, Para graph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products; and for other purposes.
Referred to the Committee on Agriculture.
SB 102. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd and others:
A Bill to be entitled an Act to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes.
Referred to the Committee on Rules.
SB 103. By Senators Wesberry of the 37th, Johnson of the 38th, 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 Atlanta, relating to the public water supply; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 400. By Messrs. Mitchell and Smith of Whitfield: A Bill to be entitled an Act to amend an Act entitled "An Act to amend
TUESDAY, FEBRUARY 23, 1965
907
the charter of the City of Dalton, so as to formulate a schedule of per sonnel organization for the police and fire departments of the City of Dalton; and for other purposes.
The report 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 411. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to repeal an Act to repeal an Act entitled "An Act to reduce the bond of the sheriff of Jefferson County, from the amount of ten thousand dollars to five thousand dollars; and for other purposes.
The report 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 412. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County, so as to provide the maximum compensation that may be fixed by said Board for the member of said Board who is the Chairman 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
908
JOURNAL OF THE HOUSE,
HB 415. By Mr. Singer of Stewart:
A Bill to be entitled an Act to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; and for other purposes.
The report 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 416. By Mr. Singer of Stewart:
A Bill to be entitled an Act to place the Sheriff of Stewart County on a salary in lieu of a 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 419. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Athens, so as to provide a comprehensive and unified pen sion plan for certain officers, firemen, policemen, and employees of the Mayor and Council, and the various departments thereof; and for other purposes.
The following amendment was read and adopted:
Committee on Local Affairs moves to amend HB 419 as follows:
By striking the last 4 paragraphs of Section 12 in their entirety and inserting in lieu thereof 4 new paragraphs to read as follows:
"The amounts so withheld by the Treasurer of the Mayor and Council of the City of Athens shall be transmitted by him to the
TUESDAY, FEBRUARY 23, 1965
909
Board of Trustees of said pension plan to be used in accordance with this Act. Said amounts received by the City Treasurer shall be covered by his bond.
"The Mayor and Council of the City of Athens shall contribute not less than annually to the Board of Trustees such sums as suf ficient to maintain said pension plan on sound actuarial principles for the purpose of providing pensions for the participants and their beneficiaries hereunder. The Board of Trustees shall certify to the Mayor and Council of the City of Athens such sums necessary to be appropriated each year based on actuarial study and valuation.
"Said City is authorized and empowered to levy a tax on all taxable property of said city ad valorem, and to use other available fund of the city for the purpose of paying said pensions and other benefits under the pension system, and for making the payments and contributions into the pension fund as herein provided.
"Should there be on hand insufficient funds to carry out the purposes of this Act, such additional funds as are necessary there for shall be paid out of the treasury of the City."
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 184-423. By Mr. Poss of Madison:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
910
JOURNAL OF THE HOUSE,
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the 'Madison County Industrial Development and Build ing Authority', which shall be an instrumentality of Madison County and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members who shall be eligible for reappointment. The Board of Commissioners of Roads and Revenues of Madison County shall appoint one member of the Authority for four years. The Mayor and Council of the City of Hull shall appoint one member for four years. The Mayor and Council of the City of Colbert shall appoint one member for four years. The Mayor and Council of the City of Comer shall appoint one member for four years. The Mayor and Council of the City of Danielsville shall appoint one member for four years. The Mayor and Council of the City of Carlton shall appoint one member for four years. The Mayor and Council of the City of Ha shall appoint one member for four years. All members shall serve until their successors are duly appointed and qualified. Thereafter all mem bers shall be appointed for terms of four years each until their successors are duly elected and qualified. Vacancies for unexpired terms shall be filled in the same manner as regular appointments. The majority of the members shall constitute a quorum and the majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the perform ance of their duties. The Authority shall make by-laws and regula tions 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. The Authority shall have perpetual existence as hereinafter provided.
"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Madison County. The exemption from taxation herein provided shall not ex tend to tenants nor lessees of the Authority.
"E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the 'Madison County In-
TUESDAY, FEBRUARY 23, 1965
911
dustrial Development and Building Authority', created hereby.
(2) The word 'project' shall be deemed to mean and include property, real or personal, acquired or held by the Au thority for the assistance, promotion, establishment or de velopment of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or com merce in Madison County, or any combination thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or prop erties; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for
the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations or associations for such purposes.
(3) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, proper ties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; archi tectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or im provements, or to determining the feasibility or practi cability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof.
"F. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:
(1) to sue and be sued;
(2) to adopt and amend a corporate seal;
(3) to make and execute contracts and other instruments nec essary to exercise the powers of the Authority, any of which contracts may be made with Madison County or may be made with any one or more municipal corporations in Madison County. Madison County and all municipal cor porations located therein are hereby authorized to enter into contracts with the Authority;
(4) to receive and administer gifts, grants, and devices of any property and to administer trusts;
(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any
912
JOURNAL OF THE HOUSE,
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;
(6) 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;
(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;
(8) to issue bonds for the purpose of providing funds for carry ing out the purpose of the Authority;
(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties;
(10) to construct, acquire, own, repair, remodel, maintain, ex tend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipa
tion bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other con tribution, all of which the Authority is hereby authorized to receive and accept and use;
(11) to issue revenue-anticipation bonds for the purpose of pay ing 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 accord ance with the applicable provisions of the Act of the Gen eral Assembly of 1937 (Ga. L. 1937, p. 761-774), as amended, providing for the issuance of revenue-anticipa tion bonds. As security for the payment of any revenueanticipation bonds so authorized, any property, real or per sonal, of the Authority may be pledged, mortgaged, con veyed, assigned, hypothecated or otherwise encumbered and the Authority may execute any trust agreement or inden ture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or inden ture 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 Madison County and each municipal corpora tion located therein hereby waives any right in the State, Madison County or any municipal corporation located therein may have to prevent the forced sale or foreclosure
TUESDAY, FEBRUARY 23, 1965
913
of any property of the Authority so mortgaged or encum bered and any such mortgage or encumbrance may be fore closed in accordance with law and the terms thereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Madison County, and the Superior Court of Madison County shall have jurisdic tion and the requisite notices shall be published in Madi son County. If no exception is filed to the decree validat ing 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;
(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
"G. The governing authority of Madison County is hereby au thorized to levy an annual ad valorem tax, not to exceed two (2) mills, on all taxable property within Madison County for the sup port of the Authority and for its use and purposes. All funds raised by such tax shall be paid and appropriated by the governing author ity of Madison County to the Authority and when paid to the Au thority, shall become a part of its funds and may be used by the Authority for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law.
"H. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Madison County and reduce unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Gen-
914
JOURNAL OF THE HOUSE,
eral Assembly may also provide by law for the continuation of the Authority in the event Madison County is consolidated or merged with any other county or counties. The Authority shall be an instru mentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Madison County. The General Assembly shall not extend the jurisdiction of the Au thority nor the scope of its operations beyond the limits of Madison County.
"L. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia, Madison County, or any municipal corporation located in Madison County.
"M. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Madi son County, subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at that time.
"N. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.
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:
"YES ( ) Shall the Constitution be amended so as to create the Madison County Industrial Development and Building
NO ( ) Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 23, 1965
915
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 Balkcom Ballard Barber Beck Bedgood Black Blair Brackin Branch Brantley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Ployd Flynt Fulford
Grahl Griffin Hale Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Hull Hutchinson
Jessup Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mitchell Mixon
Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman
Simkins Simp son Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II
916
Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland
JOURNAL OF THE HOUSE,
Sweat Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Ware Watkins Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Blalock Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Bynum Chandler Conner Dailey Davis Etheridge Farrar Gary
Griffis Hall Harrell Harrington Howell Irvin Johnson, Dr. A. S. Jones, F. C. Kelly Lane Lee, G. B. Lee, W. J. (Bill) McClelland McKemie Melton
Murphy Nessmith, P. Otwell Pickard Simmons Smith, A. B. Story Tabb Thomason Walker Watson White Williams, G. J. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 167-354. By Mr. Griffis of Cook:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; to provide for the powers, funds, purposes, and procedures connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
TUESDAY, FEBRUARY 23, 1965
917
"A. There is hereby created a body corporate and politic to be known as the Cook County Industrial Development Authority, which shall be deemed to be an instrumentality of Cook County, Georgia, and the City of Adel, Georgia, and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change, same may be accomplished by an Act of the General Assembly.
"B. The said Authority is created for the purpose of expanding and developing industry in the City of Adel and County of Cook, and for improving the general welfare of said county.
"C. (a) The said Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Adel, one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Cook County; one of whom shall be the President of the Cook County Chamber of Commerce; the remaining two members shall be appointed, one each by the Mayor and Council of the City of Adel and the Com missioner of Roads and Revenues of Cook County.
(b) The terms of office of the members representing the Mayor of the City of Adel, the Chairman of the Board of Commissioners of Roads and Revenues of Cook County, and the President of the Cook County Chamber of Commerce, shall run concurrently with their tenure of office, and their successor in such respective offices shall succeed them as members of the said Authority.
(c) The term of office as a member of the Authority with respect to the two remaining members shall be three years and until their suc cessor is elected and qualified. In case of a vacancy the Commissioner of Roads and Revenues of Cook County or the Mayor and Council of the City of Adel, as the case may be, shall elect a successor, whose term shall be for three years and until his successor is elected and qualified.
(d) Upon election or qualifying by virtue of holding the office of Mayor of the City of Adel, President of the Cook County Chamber of Commerce, or Chairman of the Board of Commissioners of Roads and Revenues of Cook County the members shall subscribe to the following oath which shall be filed in the minutes of the Authority, to wit: 'I do solemnly swear that I will fully and fairly perform the duties as a mem ber of the Cook County Industrial Development Authority without remuneration, So help me God'.
(e) In the event the Mayor of the City of Adel, the President of the Cook County Chamber of Commerce, or the Chairman of the Board of Commissioners of Roads and Revenues of Cook County shall resign as a member of said Authority during their term of office, or fail and refuse to qualify and take the prescribed oath then there shall be deemed a vacancy which may be filled by the Mayor and Council of the City of Adel or by the Commissioners of Roads and Revenues of Cook County, as the case may be, by election of a member whose term shall run con currently with the term of office of such official refusing to qualify
and serve.
918
JOURNAL OF THE HOUSE,
(f) The members of the said Authority shall be entitled to no compensation.
"D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'Authority' shall mean the Cook County Industrial Development Authority.
(2) The word 'Project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, ex pansion and promotion of jobs and payrolls in industry, commerce, agri culture and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or cor porations.
(3) The term 'cost of project' shall embrace the cost of construc tion, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interior prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determin ing the feasibility or practicability of the project, administrative ex penses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and plac ing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project.
"E. The County of Cook and the City of Adel are expressly au thorized to enter into contracts with the Authority as a public corpora tion.
"F. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.
"G. The powers of the Authority herein created shall include, but not be limited to, the power:
(1) To have a seal and alter the same at pleasure.
(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Adel and the County of Cook and other municipalities and other political subdivisions and with private persons and corporations.
(3) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes.
TUESDAY, FEBRUARY 23, 1965
919
(4) To buy, acquire, receive as gifts, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Cook.
(5) To enter into contracts for periods of time not in excess of one hundred (100) years.
(6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemna tion in accordance with the provision of any and all existing laws appli cable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate exist ence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best ad vantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Cook and/or the City of Adel, the governing authorities of the County of Cook and the City of Adel are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.
(7) To encourage and promote the expansion of industry, trade, agriculture, commerce and recreation in the City of Adel, County of Cook, and to make long range plans therefor.
(8) To appoint and select officers, agents, and employees, includ ing engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
(9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.
(10) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage proj ects and to pay the costs of any such project from the proceeds of reve nue-anticipation certificates or bonds or any other income of the Au thority, or from any contribution or loans by persons, firms, or corpora tions, all of which the Authority is hereby authorized to receive and accept and use.
(11) To elect its own officers from the membership of the Au thority; to elect an executive director who is not required to be a mem ber of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.
920
JOURNAL OF THE HOUSE,
(12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as subse quently amended, with reference to the issuance of such revenue-antici
pation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority.
(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.
(14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the Authority.
(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.
(16) To do all things within its powers to encourage industrial growth and agricultural development in Cook County, and to encourage the location of new industries in said county.
(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.
(18) To accumulate its funds from year to year and to invest ac cumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(19) To receive and administer gifts, grants and donations and to administer trusts.
(20) To do all things necessary and convenient to carry out the powers expressly conferred by this Act.
(21) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"H. The County of Cook is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein.
TUESDAY, FEBRUARY 23, 1965
921
"I. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such bonds.
"J. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Adel, the State of Georgia, nor Cook County.
"K. The property, obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the County of Cook.
"L. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not in clude exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"M. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.
"N. 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 Cook Coun ty and City of Adel, jointly, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.
"0. The books and records of the Authority shall be audited at least annually, at the expense of the Authority by a competent independent auditor; and a copy of the same shall be filed with the Clerk of the City of Adel and Cook County, and shall be available for public inspection; the City of Adel or Cook County may at any time, at its own expense, have such books and records audited.
"P. This amendment being for the purpose of developing and promoting the public good and the welfare of Cook County and the City of Adel and their inhabitants, shall be liberally construed to effect the purpose hereof."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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.
922
JOURNAL OP THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Cook County Industrial Development Authority?"
NO ( ) Cook County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote aganist rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood
Black Blair
Brackin Branch Brantley Brown, Gene
Brown, M. P. Busbee Byrd Caldwell Carr
Clark, J. T.
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean Deloach DeVane
Dickinson Dixon
Dollar Dorminy Doster Duncan, A. C.
Duncan, V. W. Dunwody Evans Ployd Plynt
Pulford
Grahl Griffin Hale Harris, J. P. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins
Hull Hutchinson
Jessup Johnson, B. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D.
Laite
TUESDAY, FEBRUARY 23, 1965
923
Lambert Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, 0. Matthews, D. B. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don 0. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea
Shuman Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Blalock Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Bynum Chandler Conner Dailey Davis Etheridge Farrar Gary
Griffis Hall Harrell Harrington Howell Irvin Johnson, Dr. A. S Jones, F. C. Kelly Lane Lee, G. B. Lee, W. J. (Bill) McClelland McKemie Melton
Murphy Nessmith, P. Otwell Pickard Simmons Smith, A. B. Story Tabb Thomason Walker Watson White Williams, G. J. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 159, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
924
JOURNAL OF THE HOUSE,
Mr. Houston of Pierce arose on a point of personal privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 202. By Mr. Dean of Polk:
A RESOLUTION
Commending the Polk County Home Demonstration Clubs; and for other purposes.
WHEREAS, Home Demonstration Clubs of Georgia, and especially in Polk County, serve a very useful purpose; and
WHEREAS, these clubs are composed of members who dedicate their time and energies to the betterment of their communities, counties, and State; and
WHEREAS, the Polk County Home Demonstration Clubs are com posed of members who are among the most outstanding and civic-minded citizens of Polk County; and
WHEREAS, it is the desire of the members of this body to recognize these ladies for their accomplishments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the Polk County Home Demonstration Clubs for their outstanding accomplish ments and for their dedication to the betterment of their communities, county, and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized to transmit an appropriate copy of this Resolution to Mrs. Carl Davis, President, Polk County Home Dem onstration Council, and to Miss Delia Jernigan, Polk County Home Dem onstration Agent.
Mr. Poss of Madison asked unanimous consent that the following Bills of the House be withdrawn from further consideration:
HB 157. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Madison County known as the fee system, to provide in lieu thereof an annual salary for said officer, and for other purposes.
TUESDAY, FEBRUARY 23, 1965
925
HB 158. By Mr. Poss of Madison:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Madison County, and for other purposes.
HB 159. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, the Tax Commissioner and the Coroner of Madison County, known as the fee system, to provide in lieu thereof annual salaries for such officers, and for other purposes.
The consent was granted and HB 157, HB 158 and HB 159 were withdrawn from further consideration.
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 13. By Senator Plunkett of the 30th:
A Bill to be entitled an Act to amend Code Section 34-1406 relating to the procedure for voting absentee ballots in primaries and elections; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Section 34-1406 of the Georgia Election Code, relating to the procedure for voting absentee ballots in primaries and elections, so as to provide that an elector possessing an absentee ballot for the purpose of voting, may appear before a post master of the United States or his designee while within the confines of a post office; to provide that an elector possessing an absentee bal lot, who is the spouse or dependent of a member in the active armed service of the United States, for the purpose of voting, may appear before any commissioned officer of such service; to provide that an elector possessing an absentee ballot for the purpose of voting, may appear before any officer authorized to administer oaths under the laws of any state of the United States (other than the State of Georgia) or of any possession of the United States while within the jurisdictional limits of such state or possession; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
926
JOURNAL OF THE HOUSE,
SECTION 1
Subsection (a) of Section 34-1406 of the Georgia Election Code (Ga. Laws, 1964, Extra Sess., p. 26, et seq.) relating to the procedure for voting absentee ballots in primaries and elections, is hereby amended by striking the first sentence of such Subsection (a) in its entirety and inserting in lieu thereof a new sentence to read as follows:
At any time after receiving an official absentee ballot, but be fore the day of the primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster of the United States or his designee while within the confines of a post office; (ii) any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) any consul of the United States or his assistant; (iv) a registrar or deputy registrar of the county of the elector's residence; or (v) any officer authorized to administer oaths under the laws of any state of the United States (other than the State of Georgia) or of any possession of the United States while within the jurisdictional limits of such state or possession.
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:
Mr. Moore of Polk moves to amend Committee substitute to SB 13 as follows:
By adding immediately after the word "office" in said first sentence of quoted subsection (a) the following:
"provided, however, any such elector appearing before such postmaster or such assistant for the purpose of voting shall not be entitled to vote unless such elector is not a resident of the county wherein the post office is located."
On the adoption of the amendment to the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Balkcom Ballard Beck
Bedgood Brackin Brinkley Coker, G., Dr.
Collins, J. P. Conger Dixon Dollar
Dorminy Farrar Floyd Flynt Grahl Hale Harris, J. R. Herndon Hudgins Hutchinson Jessup Johnson, B. Jones, F. C. Jones, M. Jordan, W. H. Looper
TUESDAY, FEBRUARY 23, 1965
927
Lowrey Matthews, C. Mauldin McKemie Melton Milhollin Minge Mixon Moore, J. H. Moses Murphy Newton, A. S. Newton, D. L. Pafford Parker Perry
Pickard Pope Rainey Roberts Roper Rowland
Savage Smith, V. T.
Steis Striekland Thomas Thomason Wells Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Barber Black Blair Blalock Branch Brantley Brown, Gene Brown, M. P. Busbee Clarke, H. G. Coker, R. Collins, M. Colwell Crowe DeLoach DeVane Doster Duncan, V. W. Dunwody Evans Harrell Harris, J. F.
Harris, R. W. Henderson Howell Hull Irvin Jones, G. Paul Jordan, Ben C. Knight, W. D. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lovett Luke Maddox Matthews, D. R. Mauney McCracken McDaniell McRae Merritt Moore, Don C. NeSmith, J. D. Odoni Oglesby Overby
Paris Peterson Phillips, G. S. Phillips, L. L.
Poss Richardson Rush Russell Simkins Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Stalnaker Story Tabb Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wigging Woodward Wright
Those not voting were Messrs.:
Bagby Bolton Bowen, J. 0. Bowen, R. L. Brooks, Geo. L.
Brooks, Wilson Bynum Byrd Caldwell Carr
Chandler Clark, J. T. Conner Dailey Davis
928
JOURNAL OP THE HOUSE,
Dean Dickinson Duncan, A. C. Etheridge Fulford Gary Griffin Griffis Hall Harrington Holder Houston Johnson, Dr. A. S. Jones, C. M. Kelly Knight, D. W. Laite Lane
Lee, G. B. Leonard Lewis, P. B. Marshall McClelland Mitchell Moate Nessmith, P. Otwell Page Potts Reaves Reid Rhodes Rodgers, H. B. Rogers, Jimmie Ross Sewell
Shea Shuman Simmons Simpson Singer Smith, A. B. Smith, G. L. II Snow Spikes Spillers Sweat Tucker, J. B. Vaughn, C. R. White Wilson Mr. Speaker
On the adoption of the amendment, the ayes were 59, nays 78.
The amendment was lost.
The following amendments were read and adopted:
Mr. Wiggins of Carroll moves to amend SB 13 committee substitute as follows:
By striking the word "designee" as it appears in the title and the body of the Bill and placing therein the word "assistant" wherein the same appears.
Mr. Bedgood of Clarke moves to amend committee substitute to SB 13 as follows:
By adding a new sub-section to read as follows: VI. The registrar or any authorized deputy registrar of any college or university, and
by amending the title by adding the following in the last sentence after the word possession:
The registrar or any authorized deputy registrar of any college or university.
TUESDAY, FEBRUARY 23, 1965
929
The following amendment was read:
Mr. Murphy of Haralson moves to amend SB 13 committee substitute as follows:
By striking from the new sub-section (a) of Section 34-1406 as set out in Section 1 of said act the following:
"(v) Any officer authorized to administer oaths under the law of any state of the United States (other than the State of Georgia) or of any possession of the United States while within the jurisdictional limits of such state or possession." and,
By striking same language as it appears in the title.
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Balkcom Ballard Barber Beck Bedgood Black Bolton Bowen, J. O. Brackin Branch Brantley Brinkley Brown, Gene Brown, M. P. Busbee Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Colwell Conger Crowe DeVane Dixon Dollar Dorminy
Doster Farrar Floyd Flynt Fulford Grahl Hale Harrell Harris, J. R. Harris, R. W. Henderson Herndon Howell Hudgins Hutchinson Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Maddox Matthews, C.
Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Overby Pafford Page Paris Parker Perry Peterson Pickard Pope Poss Rainey
930
Roper Rowland Rush Savage Smith, J. R. Smith, V. T. Snow
JOURNAL OF THE HOUSE,
Spikes Steis Sweat Thomason Tidwell Tucker, Ray M. Walker
Wells Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Blair Blalock Caldwell Duncan, V. W. Evans Harris, J. F. Hull Jones, G. Paul
Jordan, Ben C. Jordan, W. H. Knight, W. D. McCracken Merritt Oglesby Phillips, G. S.
Phillips, L. L. Russell Simkins
Story Vaughn, C. R. Ware Wiggins
Those not voting were Messrs.:
Anderson Arnsdorff Bagby Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Bynum Byrd Carr Chandler Clark, J. T. Collins, M. Conner Dailey Davis Dean DeLoach
Dickinson Duncan, A. C. Dunwody Etheridge Gary Griffin Griffis Hall Harrington
Holder Houston Irvin Johnson, Dr. A. S. Kelly Knight, D. W. Laite Lambert Lane Leonard Lewis, P. B. Luke Marshall McClelland Minge Mitchell Nessmith, P. Otwell Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B.
Rogers, Jimmie
Ross Sewell
Shea Shuman Simmons Simpson Singer Smith, A. B. Smith, Chas. C.
Smith, E. B., Jr. Smith, G. L. II Spillers Stalnaker Strickland Tabb Thomas Tucker, J. B. Underwood Vaughan, D. N. Watkins Watson White Wilson Mr. Speaker
On the adoption of the amendment, the ayes were 106, nays 22.
The amendment was adopted.
TUESDAY, FEBRUARY 23, 1965
931
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe DeVane Dixon Dollar Dorminy Doster Duncan, V. W. Dunwody Evans Farrar Floyd
Flynt Fulford Grahl Griffis Hale Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae
Melton Milhollin
Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford
Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard
Pope Poss Rainey Rhodes Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell
Shea Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T.
932
Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomas
JOURNAL OF THE HOUSE,
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins
Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Bowen, R. L. Branch Brooks, Geo. B. Bynum Chandler Conner Dailey Davis Dean DeLoach
Dickinson Duncan, A. C. Etheridge Gary
Griffin Hall
Harrell Harrington Holder Johnson, Dr. A. S. Kelly Knight, D. W. Lambert Lane Lee, G. B. Leonard Lewis, P. B. Mitchell Nessmith, P.
Otwell Parker Potts Reaves Reid Rodgers, H. B. Rogers, Jimmie Shuman Simmons Smith, A. B. Smith, G. L. II Spillers Underwood Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Lee of Clinch 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 13.
HB 274. By Mr. Steis of Harris:
A Bill to be entitled an Act to declare that the underground storage of natural or manufactured gas intended for ultimate public use is in the public interest, and for other purposes.
The following amendment were read and adopted:
Mr. Murphy of Haralson moves to amend HB 274 as follows:
By adding in Section 93-808 in the first sentence of said section im mediately after the word "jurisdiction" and before the word "for" the following: "in any county in which such storage is proposed."
TUESDAY, FEBRUARY 23, 1965
933
Mr. Mitchell of Whitfield moves to amend HB 274 by adding in the caption of the Bill, behind the words "State Department of Mines, Mining and Geology" the words "Water Quality Control Board".
In Section 93-807, "Hearings on Application: Order: Findings", by adding another sentence in Section 93-807: "The Commission shall not issue an order of approval until the Water Quality Control Board has approved in writing the underground gas storage project stating the said project will not contaminate or pollute any surface or sub-surface water supply."
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
Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brooks, Wilson Brooks, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe DeVane Dixon
Dollar Dorminy
Doster Duncan, V. W. Dunwody Farrar Flynt Fulford
Gary Grahl Griffin Griffis Hale
Harrell Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Knight, W. D.
Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie
McRae Melton Merritt Milhollin
Minge Mitchell Mixon Moore, Don C. Moses Murphy Newton, A. S. Newton, D. L. Odom Oglesby Overby
934
Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Eainey Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush
JOURNAL OF THE HOUSE,
Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Steis Strickland Sweat
Tabb Tidwell Tucker, J. R. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker Ware Watkins Wells Wiggins Williams, G. J. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Anderson Branch DeLoach
Evans Story Watson
Williams, W. M.
Those not voting were Messrs.:
Abney Bagby Bowen, R. L. Brantley Brooks, Geo. B. Bynum Caldwell Chandler Coker, G., Dr. Dailey Davis Dean Dickinson Duncan, A. C. Etheridge Floyd Hall
Harrington Harris, R. W. Jessup Johnson, Dr. A. S. Johnson, B. Kelly Knight, D. W. Lambert Lane Lee, G. B. Leonard Looper Matthews, D. R. Moate Moore, J. H. NeSmith, J. D. Nessmith, P.
Otwell Pafford Parker Potts Reaves Reid Rodgers, H. B. Shuman Smith, A. B. Spillers Stalnaker Thomas Thomason White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 148, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
TUESDAY, FEBRUARY 23, 1965
935
HB 296. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend Code Section 56-1022 relating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue holds a senior partici pation to the insurer, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Judiciary moves to amend sub-section (a) of Section 1 of HB 296 by adding the words "to secure a debt or deed of trust" after the word deed as it appears in line 7, line 9, and line 11 of said sub-section (a).
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 Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Brackin Branch Brantley Brinkley Brown, Gene Busbee Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F.
Collins, M. Colwell Conger Conner Crowe DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, V. W. Etheridge Evans Farrar Flynt Fulford Gary Grahl Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Holder Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Luke
936
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby
JOURNAL OF THE HOUSE,
Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Richardson Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, E. B., Jr. Smith, G. L. II
Smith, J. R. Smith, V. T. Spikes Spillers Steis Story Strickland Sweat Thomas Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Anderson Arnsdorff Bagby Bedgood Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Chandler Clark, J. T. Dailey Davis Dean Dickinson Duncan, A. C. Dunwody Ployd Griffin Hale
Hall Harrington Howell Johnson, B. Jones, G. Paul Kelly Knight, D. W. Laite Leonard Lewis, P. B. McKemie Milhollin Mitchell Moore, J. H. Nessmith, P. Otwell Potts Rainey Reaves Reid
Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Ross Shuman Simmons Smith, A. B. Smith, Chas. C. Snow Stalnaker Tabb Thomason Tucker, J. B. Underwood Wiggins Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requiste constitutional majority, was passed, as amended.
TUESDAY, FEBRUARY 23, 1965
937
Mr. Jones of Liberty asked unanimous consent that HB 296 be immediately transmitted to the Senate.
The Consent was granted and HB 296 was ordered immediately transmitted to the Senate.
HB 226. By Messrs. Ware of Troup, Smith of Whitfield, and others:
A Bill to be entitled an Act amending an Act amending Section 92-5301 of the Code, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and County taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest and for other purposes.
Mr. Ware of Troup asked unanimous consent that further consideration of HB 226 be postponed until tomorrow, Wednesday, February 24, 1965 and the consent was granted.
Further consideration of HB 226 was postponed until Wednesday, February 24, 1965.
HB 287. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to require all meetings of the governing bodies of municipalities, counties, boards of public instruction, and other boards, bureaus, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to require all meetings of the governing bodies of municipalities, counties, boards of public instruction, and all other boards, bureaus, authorities, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; to provide for a penalty; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
938
JOURNAL OF THE HOUSE,
SECTION 1
All meetings of the governing bodies of all municipalities and coun ties in this State, boards of public instruction, and all other boards, bureaus, authorities, commissions or organizations in the State of Geor gia, excepting grand juries, supported wholly or in part by public funds or expending public funds shall be public meetings. Provided, however, that before or after said public meetings said governing bodies, boards, bureaus, authorities, commissions or organizations may hold executive sessions privately but the ayes and nays of any balloting shall be re corded at the conclusion of siad executive sessions.
SECTION 2
Any person or persons willfully violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
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.:
Acree Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. O. Branch Brantley Brown, Gene Brown, M. P. Bynum Caldwell
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Davis DeLoach DeVane Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt
Gary Grahl Griffin Harris, J. F. Harris, J. R. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
TUESDAY, FEBRUARY 23, 1965
939
Kelly Laite Lambert Lane Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Luke Matthews, C. Matthews, D. R. Mauney McKemie McRae Melton Merritt Milhollin Mitchell Moore, Don C. Moses Murphy
Newton, A. S. Odom Overby Pafford Page Paris Perry Phillips, G. S. Pickard Pope Poss Potts Reid Richardson Rush Savage Sewell Shea Simkins Simp son Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Spillers Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Abney Bolton
Fulford Griffis
Knight, W. D. Mixon
Those not voting were Messrs.:
Bagby Bedgood Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Carr Chandler Clark, J. T. Collins, M. Conner Crowe Dailey Dean Dickinson Dixon Doster Etheridge Hale
Hall Harrell Harrington Harris, R. W. Herndon Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Leonard Lowrey Maddox Marshall Mauldin McClelland McCracken McDaniell Minge Moate
Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Parker Peterson Phillips, L. L. Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie
Roper Ross Rowland Russell Shuman Simmons Singer
940
Smith, A. B. Smith, Chas. C. Smith, G. L. II Snow
JOURNAL OF THE HOUSE,
Spikes Stalnaker Strickland Tucker, J. B.
Ware Watkins Watson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 120, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Richardson of Chatham asked unanimous consent that HB 287 be im mediately transmitted to the Senate and the consent was granted.
HB 287 was ordered immediately transmitted to the Senate.
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired, and for other purposes.
Mr. Walker of Lowndes moved that this Bill be laid on the Table and the motion, prevailed.
HB 289 was laid on the Table.
Mr. Blalock of Coweta moved that the House reconsider its action in laying HB 289 on the Table.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Blair Bolton
Bowen, J. O. Busbee Carr
Coker, G., Dr. Coker, R. Davis
Dunwody Etheridge Evans Farrar Harrell Harrington Harris, J. R. Henderson Holder Houston Howell Hull Hutchinson Jones, G. Paul Jordan, Ben C. Jordan, W. H. Laite
TUESDAY, FEBRUARY 23, 1965
941
Lambert Lane Lee, G. B. Luke Matthews, D. R. McClelland McDaniell McKemie Melton Merritt Minge Mitchell Mixon Moses Newton, A. S. Newton, D. L. Overby
Phillips, G. S. Phillips, L. L. Pope Potts Reid Richardson Sewell Shea Simkins Smith, V. T. Snow Spillers Story Thomas Vaughn, C. R. Wiggins Williams, W. M.
Those voting in the negative were Messrs.:
Abney Acree Anderson Balkcom Ballard Beck Bedgood Black Blalock Branch Bynum Caldwell Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Colwell Conger Crowe Dean Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Floyd
Flynt Fulford Gary Grahl Griffin Griffis Harris, J. F. Harris, R. W. Herndon Hudgins Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Knight, W. D. Levris, E. B. Lewis., P. B. Looper Matthews, C. Mauney McRae Milhollin Moore, J. H. Murphy NeSmith, J. D. Pafford Page
Paris Perry Pickard Poss Roberts Rush Savage Simpson Smith, E. B., Jr. Smith, J. R. Stalnaker Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Wells White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Bagby Barber
Bowen, R. L. Brackin Brantley
Brinkley Brooks, Geo. B.
Brooks, Wilson
942
Brown, Gene Brown, M. P. Byrd Chandler Conner Dailey DeLoach DeVane Dickinson Hale Hall Irvin Jones, C. M. Jones, F. C. Kelly Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Leonard
JOURNAL OF THE HOUSE,
Lovett Lowrey Maddox Marshall
Mauldin McCracken Moate
Moore, Don C. Nessmith, P. Odom
Oglesby Otwell Parker
Peterson Rainey
Reaves Rhodes Rodgers, H. B. Rogers, Jimmie
Roper Ross Rowland Russell Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Spikes Steis Strickland Ware Watkins Watson Wilson Mr. Speaker
On the motion to reconsider, the ayes were 60, nays 79.
The motion was lost.
Mr. Blalock of Coweta stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
By unanimous consent, and under the provision of House Rule 52, the fol lowing communication from Mr. Houston of Pierce was received:
Mr. Speaker, Fellow Members of the House, I take this occasion to express myself with regard to the much discussed reapportionment of this House of Representatives and to give my reasons for being con strained to the considered belief that we are not under any real duress to do this unwarranted thing just because a bare majority of the mem bers of the United States Supreme Court has found it politically ex pedient to order it done.
In answer to those who ascribe futility to the effort I make this day, I would quote the great Emerson who said appropo the situation in which we find ourselves; "T'is man's perdition to be safe when for the truth he ought to die."
One of the greatest examples of political cowardice and ineptitude in the whole history of human government is found in an accounting of how supposedly stalwart defenders of human freedom are cravenly cavilling and kowtowing to the unwarranted usurpation of legislative prerogative by the Supreme Court. Let those, who can live with their
TUESDAY, FEBRUARY 23, 1965
943
cowardice--who can be happy in taking the craven way found in the pathway of least resistance--let them, this day make the choice with which they can live in peace with their own conscience, but, as for me, I choose this day to take the pathway of truth as God has given me the light to see and know the truth. This light has led me to a position, not of open and overt defiance of the Court and its misguided reapportionment order, but to one of passively ignoring the order as coming from a Court that is totally without constitutional jurisdiction to pass such an order. To actively fight the Court on the issue of reapportionment is to imply agreement that it has jurisdiction on the question and simple disagreement with the content and effect of the order is to say that any plan of reapportionment with which we might wrestle here in this body condones the Court's usurpation of jurisdiction which I main tain the Court does not have. If the Court does not have jurisdiction
and I contend it does not have, then all this work over any particular plan to satisfy the order issued by it is constructive acquiescence to jurisdiction that does not exist. How, can we honestly maintain, as the vast majority of our colleagues in this House have done, that the Court
does not have jurisdiction and, at the same time concern ourselves to the point of bitter travail over various plans, schemes, artifices and devices by which the whim of the Court might be placated? If truth establishes lack of jurisdiction on the part of the Court, any order issued where there is no jurisdiction is a nullity prima facie and any exercise of effort to defeat or circumvent the effect of such an order can do no less than lend color of title to the Court's specious claim of judisdiction.
To lay any kind of claim to valid jurisdiction on the subject of ap portioning legislative bodies of the various states of this Union, the Court must move itself into the legislative field since the Constitution is silent on this subject. It is not, however, silent on the question as to whether the Court can exercise legislative functions. Article I, Sec tion 1, (1) of the Constitution of the United States reads as follows: "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of
Representatives."
Judging their intent from the tenor of recent orders of the Court, inference can be validly drawn that the present Court operates on the premise that where the word "granted" is used in the Constitution that it refers to that which the Court itself might have granted to the people by way of the Constitution. This, of course, is not true since we all know that all "grants" mentioned in the Constitution came from the people wherein sovereignty resided then and wherein sovereignty still ultimate ly rests, recent orders of the Court to the contrary notwithstanding.
Since there is no question, relative constitutionally direction as to Congress having all legislative powers, the only question left for defi nite determination with reference to jurisdiction is the question of defining what is meant by "legislative power." Webster's dictionary defines the word "legislate" thusly: "to make or enact a law: to effect by legislation" and defines "legislation" as; "the act of making a law or laws". Webster goes further to define "legislative" as; "pertaining to, or enacted by, legislation; having the power to legislate; . . . the law making power in government, as distinguished from the admin istrative and judicial."
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If there were any references in the Constitution to the composition or apportionment of the various state legislatures, substance might be found in contention that the Supreme Court would have jurisdiction relative the interpretation of such references. References can be found in the Constitution relative to the composition of the legislatures of the various states. The 17th Amendment which has to do with election of United States Senators and which reads, in part, as follows: "... The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature." Similar language is found in Article I. Section 2. If the Supreme Court could forsake the legislative field which it has preempted and concern itself with inter pretation of the clear intent and construction of the Constitution which its Members are sworn to uphold, they would not have to tax their judicially untutored capacity unreasonably to clearly infer from the wording of the 17th Amendment meaning to the effect that the architects of the Amendment assumed, when they used the phrase "most numerous branch of the state legislature", that state legislatures were composed of bodies of such composition and apportionment that one branch was, and would continue to be, more numerous than the other branch.
If the Court should require additional foundation for inferred premise that those who composed our Constitution envisioned two branches of the state legislatures, with one being more numerous than the other, the Court would need look no further than Section 4 of Article IV, (1) which reads as follows: "The United States shall guarantee to every State in this Union a republican form of government, .... .". Although the founders of the Constitution did not define what they meant by the term "republican form of government", they did con structively define the reference by first establishing the Federal legisla tive structure wherein one house of the Congress was apportioned on a population basis and the other on the basis of geography and called that which they had established a republic or republican form of govern ment.
In its recent legislative fiat, issued in the cloak of judicial edict, relative necessity for state legislatures to apportion both branches on a "one man-- one vote-- basis," the Court has performed an astoundingly remarkable exercise in semantic contortion by pleading that the Consti tution provides for the Federal Congress being apportioned with one House based on population and the other on geography but does not provide sanction for the state legislatures being so apportioned.
The brutal truth of the matter is that the architects of the Consti tution imputed unto even this generation sufficient intelligence as to assume that, where constructive definition was provided, there was no need for repetitive elementary definition. They ordained and established the federal legislative establishment. They called that which they had established a "republican form of government" and later in the same document stated in clear and concise terms that "The United States shall guarantee to every State of this Union a republican form of gov ernment".
No, my friends, in light of the express intent of the founders of this Republic, there can be no reasonable conclusion other than validity
TUESDAY, FEBRUARY 23, 1965
945
for the constitutional soundness of this House being apportioned on the basis of geography in view of the fact that the other branch of this state legislature is apportioned on the basis of population, strained semantic construction of the Supreme Court to the contrary notwith standing.
In our present day mass oriented society it has become popular to say that the supreme law of the land, supreme to the point where all must yield unquestionably, is that which some politically appointed Supreme Court says that law is. Popular though this blithe assertion is, it does gross violence to constitutional truth for the Constitution states the contrary of this premise in Article VI, Section (2), which reads as follows: "This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, SHALL BE THE SUPREME LAW OF THE LAND; ....." This does not say that the supreme law of the land is the last edict of the oligarchy called the Supreme Court. It states that the supreme law of the land is the Constitution and the laws made in pursuance thereof.
Since there can be no doubt the conclusion that the fiat issued by the Court relative apportionment of State legislatures is purely legisla tive in nature, it logically follows that any action in this field, to be constitutionally valid, would fall within the jurisdiction of the Congress of the United States since Article I, Section 1 states that all legislative powers shall vest in Congress. Assuming the Congress of the United States to have jurisdiction, and there is where jurisdiction lies if it lies at all, can you imagine, the political fate of Members of the Congress if they had enacted legislation having the same purported effect as that claimed for the Court's order? And yet, it is the Congress of the United States that has been elected to express the will of the majority of the people of the United States.
The naked truth of the matter is that, in order to twist the terms of the 14th Amendment to the Constitution to the accomplishment of their own preconceived political purposes, the Supreme Court has ca priciously and wantonly ignored the clear and unambiguous language of the 10th Amendment which is so clear in expression that it does not require interpretation by implication or inference. This 10th Amend ment reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
No power to dictate the apportionment of state legislatures can be found in the Constitution as being delegated to any branch of the government of the United States and any arrogation of such power is a nullity and should be ignored as having no force and effect in any court of law or equity since the Constitution governs both. To dignify such arrogation of unwarranted jurisdiction with effort to comply with any order springing from said arrogation is to do no less or more than demean ourselves and stand us, and each of us, convicted of gross derilection of duty imposed by the office we hold and cravenly guilty of violating the trust reposed in us by those who sent us here to main tain their sovereignty as the court of last and final resort. Shall we,
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this day, honor the trust reposed in us by the sovereign people we repre sent, or shall we take the pathway of least resistance, the taking of which makes both men and rivers crooked, by yielding to a judiciolegislative fiat enunciated by a group of political philosophers who fate has mistakenly allowed to sit in judgment on us? Shall we answer to an appointed body of social engineers who call their edicts the supreme law of the land, or shall we make our accounting to our conscience and our constituencies?
Nearly nine score years ago sixty-five relatively young men who averaged in age approximately 40 years--young men who were, thank God, idealistic, wise, intrepid and brave, ordained and established for themselves, and again, thank God, for their posterity, an immortal docu ment called the Constitution of the United States. The genius of this docu ment is found in the fact that it established a system of checks and balances between the legislative, the executive and the judicial branches of our government. It provided that no one branch of the government could any longer make the law, interpret the law and execute the law. It set up and ordained a system where power was limited to that which was delegated by the Constitution to the three branches of the govern ment. It set up a system of delegated power with all power not so dele gated reserved to the people.
In order to establish and ordain a constitutional system for them selves and their posterity, our founding fathers had been required to risk their "lives, their fortunes and their sacred honor" in overt defiance of the British Empire which was the greatest political and military power of that day. If they had lost in their audacious quest for human free dom and liberty under God, they would have been hanged as traitors.
My friends, I do not take this floor today to suggest that 205 Members of this House, recipients of the glorious heritage embodied in the Constitution and holders of a moral trust reposed in us by those who sent us here--no, I am not suggesting that we 205 Representatives do as much as the 65 who risked their all that we might enjoy freedom under the Constitution, I am merely suggesting that we show some small degree of the courage they manifested--not the courage it takes to take positive action, to commit overt acts of defiance--but simply the small amount of the courage it takes to do nothing. If we agree, and I think most of us do, that the Court does not have the jurisdiction, therefore, has no authority to act in the field of apportioning state legislatures, then all that is required of our courage is for us to ignore the order of the Court as being a nullity.
The Supreme Court pleads the validity of their unwarranted edict relative reapportionment on the ground that they took an oath to support and defend the Constitution of the United States. I would re1 mind you, my colleagues, that you also took a solemn oath to support and defend the Constitution of the United States and the Constitution of the sovereign State of Georgia. Are you willing to let a bare ma jority of a politically appointed Court, the members of which were not elected by the people and a few editorialists who would have you be lieve that they are the repositories of all wisdom, define for you what the Constitution, you are sworn to defend and uphold, means? Are the
TUESDAY, FEBRUARY 23, 1965
947
McGills and the Pattersons, who haven't been elected by any constituen cy, the keepers of your conscience and the builders of your resolve?
I am sure there are a few of the faint hearted who will contend that my suggested passive resistance to the edict of a Court that has arrogated unwarranted power unto itself, is no more than a suggested exercise in futility--that we will be alone among all the states and that our refusal to dignify the specious order of the Court with the validity implied by any action toward reapportionment--that we will be lost in our loneliness--but, I am sure there are many other state legislators throughout this country of ours who feel as I do and are, perhaps, just waiting for a few like us who will refuse to yield jurisdiction on ap portionment of state legislatures to the Supreme Court. It could well be, that there are many like situated with us who are waiting for the first step in passive defiance to be taken. An old Chinese proverb holds that the longest journey, even one of a thousand miles, begins with the first step. I cannot in good conscience and in light of my under standing of the meaning and construction of the Constitution I am sworn to defend, yield jurisdiction relative apportionment of state legislatures to the Supreme Court, and I, for one, do not propose to impute unwarranted jurisdiction to it by taking action on any plan which purports to satisfy such unwarranted jurisdiction and power the Court has arrogated unto itself.
No, I do not urge rebellion, secession or overt defiance of the Court. I simply urge this House to deny jurisdiction on reapportionment to the Court by simply going ahead with our regular business and treating the Court's order as the nullity it is.
We can be true to our trust and worthy of our constitutional heritage of freedom and liberty under God by simply refusing to do any thing with reference to the spurious nullity called a court order on reappor tionment. All I ask is that we show the courage, the little modicum of courage, it takes to do nothing. Are we too craven to simply do nothing ?
Mr. Blalock of Coweta moved that this 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 a.m. tomorrow
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Representative Hall, Atlanta, Georgia Wednesday, February 24, 1965
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 Rev. Byron Kennerly, Pastor, 1st Baptist Church, Douglas, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Wednesday, Feb ruary 24, 1965, and submits the following:
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949
HB 58. Real Estate Salesman (Reconsidered) HB 124. Peace Officers, Members Refund HR 156. Election Laws Study Committee HB 226. Tax Commissions, Overage (P.P.) HB 252. Highways, Vegetation on Banks HB 256. Real Estate Brokers, License HB 285. Employees' Retirement, Former Employees HB 292. Married Minors, execute loans HB 322. Georgia Mountain Commission, members HB 360. County Boards of Education, members HB 393. Oconee Judicial Circuit, Solicitor-General Salary HB 396. Stone Mountain Judicial Circuit, Judge's Salary HB 44. Children, Cruel Treatment HB 343. Honesty in Government HB 377. Establish Air Markers HB 383. Legislative Counsel, duties HB 374. Minors, Method of Service SB 65. Certified Public Accountants, qualification SB 35. Health Code, Amend
Respectfully submitted, Carr of Washington Secretary
By unanimous consent the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 484. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes.
Referred to the Committee on Local Affairs.
HB 485. By Mr. Jones of Bibb:
A Bill to be entitled an Act to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness
950
JOURNAL OF THE HOUSE,
which causes temporary black cuts, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 201-485. By Mr. Griffis of Cook:
A Resolution authorizing the conveyance of a certain tract of stateowned property to Cook County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 486. By Mr. Walker of Lowndes: A Bill to be entitled an Act to repeal an Act controlling the erection and maintenance of outdoor advertising, signs, displays and devices adjacent to the National System of Interstate and Defense Highways in this State; and for other purposes.
Referred to the Committee on Highways.
HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; to change the method of filling vacancies in the office of councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A Bill to be entitled an Act to amend an Act known as the "Cooperative Marketing Act", so as to provide for the election of officers from and by others than Directors; and for other purposes.
Referred to the Committee on Agriculture.
HB 489. By Messrs. Blalock and Potts 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 salary allowance of the sheriff's deputies and jailers; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 24, 1965
951
HB 490. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend Code Section 58-608, relating to the crime of drunkenness on any public street or highway, so as to provide that the crime defined shall include any person who shall be or appear in an intoxicated condition in any motor vehicle parked on a public street or highway or right-of-way of any public street or high way; and for other purposes.
Referred to the Committee on Judiciary.
HB 491. By Messrs. Steis of Harris, Bedgood of Clarke, Griffis of Cook and Ware of Troup:
A Bill to be entitled an Act to implement the provisions of an amend ment to Article VII, Section IV, Paragraph I of the Constitution; to au thorize the governing authority of every county in this State to assess and collect license fees and taxes from all persons, firms, and corpora tions maintaining a place or places of business in the unincorporated area of the county; to authorize the licensing and regulation of taxicabs and cabs for hire in the unincorporated area of a county; and for other purposes.
Referred to the Committee on Judiciary.
HB 492. By Messrs. Smith of Ernanuel and Carr of Washington:
A Bill to be entitled an Act to amend an Act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Circuit, so as to increase the compensation provided therein; and for other purposes.
Referred to the Committee on Rules.
HB 493. By Mr. McKemie of Clay:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clay County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 494. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Section 56-1310 of the Code of Georgia known as the Georgia Insurance Code, so as to provide that the license fees and taxes which municipalities are authorized to impose and collect upon insurance companies shall not apply to life insurance companies writing insurance exclusively through state education as sociations for members of said associations; and for other purposes.
Referred to the Committee on Insurance.
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JOURNAL OF THE HOUSE,
HB 495. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees' Retirement System, so as to change provisions providing creditable service for certain employees; and for other purposes.
Referred to the Committee on Appropriations.
HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, Vaughn of Rockdale, Dunwody of Bibb, Kelly of Jasper and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement; and for other purposes.
Referred to the Committee on Appropriations.
HB 497. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Matthews of Clarke:
A Bill to be entitled an Act to designate the Georgia Institute of Tech nology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 498. By Messrs. Duncan, McDaniell and Jordan of Cobb and Russell of Thomas: A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to remove the provision providing that the equalized adjusted school property tax digest of each independent school system be based on 133-1/3% of the county equalized adjusted school property tax digest; and for other purposes.
Referred to the Committee on Education.
HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 500. By Mr. Bowen of DeKalb: A Bill to be entitled an Act to create a non-profit public corporation to be known as "Metropolitan Atlanta Rapid Transit Corporation" for
WEDNESDAY, FEBRUARY 24, 1965
953
the purpose of authorizing the counties of Clayton, Cobb, DeKalb, Ful ton, and Gwinnett to build, establish, operate, and administer a system of rapid transit for the transportation of passengers for hire in said counties; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 449. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend Code Section 47-107, relating to the per diem and mileage of members of the General Assembly, so as to provide for compensation, allowances and mileage for members of the General Assembly; and for other purposes.
HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes.
HB 451. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Barrow County, so as to change the compensation of the chairman; and for other purposes.
HB 452. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 92-7701, providing the time within which all State, county, city or other tax executions, before or after legal transfer and record, shall be enforced, so as to change the manner and time in which such executions may be enforced; and for other purposes.
HB 453. By Messrs. Thomas of Wayne, Smith of Glynn, Rogers of Long, Rhodes of Baker, Herndon of Appling, Rush of Tattnall and Rowland of John son:
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 from the taxes imposed by said Act, medicine, drugs, and prosphetic appliances, including but not limited to, artificial arms and legs, when prescribed by a licensed physician; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 454. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a Small Claims Court in counties in this S\ate having a popula tion of not less than 16,500 and not more than 16,700, so as to change the qualifications of the judge of such court; and for other purposes.
HE 192-454. By Mr. Paris of Barrow:
A Resolution authorizing the Governor to convey to the City Council of the City of Winder an easement for the purpose of constructing, maintaining and operating a sewer line or lines, over and through property in Barrow County owned by the State of Georgia and operated as a part of Fort Yargo State Park, Winder, Barrow County; and for other purposes.
HB 455. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act establishing the city court of Metter, so as to change the method of filling vacancies in the office of judge; and for other purposes.
HB 456. By Mr. Griffis of Cook:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, so as to pro vide that the person purchasing motor fuel for use in aircraft motors for aviation purposes shall be entitled to the refund; and for other pur poses.
HB 457. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes.
HB 458. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to place the sheriff of Quitman County upon an annual salary; and for other purposes.
HB 459. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to provide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes.
WEDNESDAY, FEBRUARY 24, 1965
955
HB 460. By Messrs. Harris, Bowen and Farrar 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.
HB 461. By Mr. Walker of Lowndes: A Bill to be entitled an Ate to amend the Charter of the City of Valdosta so as to change the corporate limits of said city; and for other purposes.
HB 462. By Mr. Rainey of Crisp: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a Mayor and Council; and for other purposes.
HB 463. By Mr. Wells of Oconee: A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to remove the provisions relating to interlocutory hearings; and for other purposes.
HB 464. By Messrs. NeSmith of Meriwether and McRae of Talbot: A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to change the method and procedure of electing the board of commissioners; and for other purposes.
HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend an Act incorporating the Town of Austell, so as to increase the corporate limits of said City; and for other purposes.
HB 466. By Messrs. Gary and Lee of Clayton: A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to make provisions for the City governing authority to secure group insurance for the employees in the City of Riverdale; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 469. By Mr. Lewis of Burke:
A Bill to be entitled an Act to amend Code Section 85-1303, relating to the definition of navigable streams so as to redefine navigable streams for the purpose of determining fishing rights; and for other purposes.
HB 470. By Mr. Thomas of Wayne:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Odom, so as to authorize the Mayor and Council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of Odom in and to a certain abandoned portion of Mershon Street; and for other purposes.
HB 471. By Messrs. Clarke of Monroe, Tucker of Henry, Bagby of Paulding and Murphy of Haralson:
A Bill to be entitled an Act to provide that a single in rem condemnation action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts of land is identical; and for other purposes.
H& 472. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Chapter 23-11, relating to the post of County Surveyor, so as to provide certain qualifications for the position of County Surveyor; and for other purpoess.
HB 473. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 34-708 relating to equipment and arrangement of polling places so as to authorize the ordinary to provide separate voting facilities for electors who, because of their age, health, or disability, cannot stand in line waiting their turn to vote without suffering pain or impairing their health; and for other purposes.
HB 474. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to au thorize the judges of said judicial circuit to employ two full time of ficial court reporters and fix their compensation within certain limita tions; and for other purposes.
HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
WEDNESDAY, FEBRUARY 24, 1965
967
HR 193-475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes.
HB 476. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the charter of the City of Quitman, so as to reduce the number of City Commissioners from five to three; and for other purposes.
HB 477. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes.
HB 478. By Messrs. Howell of Early, Smith of Emanuel, Snow of Walker, NeSmith of Meriwether, Parker of Screven, Holder of Dodge, McKemie of Clay and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that any person who shall operate or drive any vehicle in such a manner as to be in wilful or wanton disregard to the safety of persons or property shall be guilty of a misdemeanor; and for other purposes.
HR 194-478. By Mr. Rainey of Crisp:
A Resolution proposing an amendment to the Constitution so as to provide an additional method of publishing notices of intention to apply for a local legislation; and for other purposes.
HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray:
A Bill to be entitled an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said Judicial Circuit; and for other purposes.
HB 480. By Messrs. Poss of Madison and Houston of Pierce:
A Bill to be entitled an Act to provide for the licensing of all persons selling swine breeding stock in the State of Georgia; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 481. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collection of ad valorem taxes on all property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.
HB 482. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Thomaston shall not be affected by the provisions of Code Sections 92-4101 through 4104; and for other purposes.
HB 483. By Mr. Russell of Thomas:
A Bill to be entitled an Act to provide for the creation of fire protec tion districts in Thomas County outside the corporate limits of any municipality therein; and for other purposes.
SR 52. By Senator Pennington of the 45th:
A Resolution proposing an amendment to Article VII, Section II, Para graph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products; and for other purposes.
SB 102. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd and others:
A Bill to be entitled an Act to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes.
SB 103. By Senators Wesberry of the 37th, Johnson of the 38th, 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 Atlanta, relating to the public water supply; 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 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 52. Do Pass.
WEDNESDAY, FEBRUARY 24, 1965
959
SB 98. Do Pass. HB 488. Do Pass.
Respectfully submitted, Newton of Colquitt 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:
HB 268. Do Pass. HR 78-120. Do Pass as Amended. HR 80-120. Do Pass as Amended. HR 160-313. Do Pass. HR 52-99. Do Pass. HR 68-117. Do Pass as Amended. HR 24-43. Do Pass. HR 159-303. Do Pass. HR 101-133. Do Puss.
Respectfully submitted, Blalock of Coweta Chairman.
Mr. Conger of Decatur 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 154. Do Pass by Substitute. HB 155. Do Pass by Substitute.
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JOURNAL OF THE HOUSE,
HB 467. Do Pass. SB 2. Do Pass as Amended. SB 56. Do Pass.
Respectfully submitted, Conger of Decatur Chairman.
Mr. Smith of Whitfield County Chairman of the Committee on Hygiene and Sanitation submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 34. Do Pass as Amended. Respectfully submitted, Smith of Whitfield Chairman.
Mr. Harris of DeKalb County Vice-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 463. Do Pass. HB 471. Do Pass.
Respectfully submitted, Harris of DeKalb Vice-Chairman.
Mr. Williams of Hall County Chairman of the Committee on Motor Vehicles has 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 recommendations:
HB 357. Do Not Pass. Respectfully submitted, Williams of Hall Chairman.
WEDNESDAY, FEBRUARY 24, 1965
961
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following1 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 161-313. Do Pass as Amended. HR 170-372. Do Pass as Amended. HB 410. Do Pass as Amended. HB 439. Do Pass as Amended. HB 446. Do Pass as Amended. HB 420. Do Pass. HB 425. Do Pass. HB 426. Do Pass. HB 427. Do Pass. HB 435. Do Pass. HB 436. Do Pass. HB 437. Do Pass. HB 438. Do Pass. HB 443. Do Pass. HB 444. Do Pass. HB 445. Do Pass. HB 447. Do Pass. SB 83. Do Pass.
Respectfully submitted,
Tucker of Catoosa
Chairman.
Mr. Carr of Washington County Vice-Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 164. HR 200. HR 141. HR 147. HR 182.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
Respectfully submitted, Carr of Washington Vice-Chairman.
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JOURNAL OF THE HOUSE,
Mr. Chandler of Baldwin County Chairman of the Committee on State Institutions & Properties submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & 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 272. Do Pass as Amended. HR 192-454. Do Pass.
HR 183-418. Do Pass.
HR 185-425. Do Pass. HR 176-398. Do Pass.
Respectfully submitted, Chandler of Baldwin
Chairman.
Mr. Matthews of Clarke County Chairman of the Committee on University System of Georgia submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 7. Do Pass by Substitute. SB 8. Do Pass by Substitute.
Respectfully submitted, Matthews of Clarke Chairman.
Mr. Barber of Jackson County Chairman of the Committee on Welfare submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 344. Do Pass. Respectfully submitted, Barber of Jackson Chairman.
WEDNESDAY, FEBRUARY 24, 1965
963
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 117. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said au thority to "Savannah Port Authority"; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 98. By Senator Pennington of the 45th:
A Bill to amend an Act approved March 30, 1937 (Ga. Laws 1937, p. 247), as amended, creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the "Milk Control Act"; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 98. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act creating the Georgia Milk Commission and defining its duties, powers and membership and regu lating the sale of milk, and known as the "Milk Control Act", so as to express the true original legislative intent of said Act of February 17, 1959, transferring said Milk Commission to the Department of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend Code Section 92-6208, so as to provide that in certain counties any person failing to return personal
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JOURNAL OF THE HOUSE,
property for taxation, the return made the previous year shall be used, and for other purposes.
The report 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 429. Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6402, providing for the payment of taxes to the county, so as to provide that a penalty of ten per cent of the tax due shall accrue on taxes not paid before delinquent, and for other purposes.
The report 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 430. Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6913, so as to provide that in certain counties where the owner fails to return prop erty for taxation there shall be assessed certain penalties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 1965
965
HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend Code Section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used, and for other purposes.
The report 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 425. By Mr. Woodward of Butts:
A Bill to be entitled an Act to create the office of commissioner of roads and revenues of Butts 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 427. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act consolidating the laws chartering the City of Summerville and granting a new charter there for, so as to change the provisions relating to the giving of notice of proposed 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 420. By Messrs. Smith of Camden, Thomas of Wayne, and others:
A Bill to be entitled an Act to provide an additional supplemental to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 426. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act amending the charter of the City of Summerville, so as to close the unopened portion of Second Street between Wood Street and Henderson Street, 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 435. By Messrs. Laite, Dunwoody and Jones of Bibb: A Bill to be entitled an Act to amend an Act entitled: "An Act to reenact the charter of the City of Macon, so as to change the corporate limits 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 1965
967
HB 436. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast, and for other purposes.
The report 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 443. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of Tax Commissioner of Fayette County, so as to change the method of compensating the tax commissioner, known as the fee system, and to provide in lieu thereof an annual salary 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 444. By Mr. Harrell of Fayette: A Bill to be entitled an Act to abolish the present method of compen sating the Ordinary of Fayette County, known as the fee system, to provide in lieu thereof an annual salary for 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
968
JOURNAL OP THE HOUSE,
HB 445. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of compen sating the Clerk of the Superior Court of Fayette County, known as the fee system, to provide in lieu thereof an annual salary for 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 447. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Fayette County, so as to make a typographical correction, to change the compensation of the chairman and members of the board, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 393. By Messrs. Holder of Dodge, Smith of Telfair, and others:
A Bill to be entitled an Act to amend an Act placing the Solicitor Gen eral of the Oconee Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor General, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 1965
969
HB 396. By Messrs. Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to amend an Act providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the County treasury of DeKalb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 410. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Jefferson County, known as the fee system, to provide for the collection, disposition and accounting of all fees, emoluments and perquisites, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 410 as follows:
By striking from Section 1 after the word "shall" and before the words "be compensated" the word "hereafter".
By striking from Section 3 the first word "The" thereof and in serting in lieu thereof the words "Except as otherwise provided in this Act, the".
By striking from Section 7 the words "and payments in retirement system".
By adding in the last sentence of Section 13 after the word "pay ment" and before the words "of such expenses" the words "or reim bursement".
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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
970
JOURNAL OP THE HOUSE,
HB 446. By Mr. Harrell of Fayette:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Fayette County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 446 as follows:
By striking from Section 4 the words "and payments into retire ment systems,".
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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 83. By Senator Kilpatrick of the 44th:
A Bill to be entitled an Act to amend an Act establishing the charter for the City of Forest Park, Georgia, and the several acts amendatory 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 437. By Messrs. Milhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the Chairman, and for other purposes.
WEDNESDAY, FEBRUARY 24, 1965
971
The report 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 438. By Messrs. Millhollin and Williams of Coffee:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas, so as to change the compensation of the Judge of the City Court and the 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 439. By Messrs. Milhollin and Williams of Coffee: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Coffee County, known as the fee system, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 439 as follows:
By inserting between the words "that" and "all" as they appear in the title thereof the following "with certain exceptions".
By striking from the end of Section 5 the following:
"more than two hundred twenty-five ($225.00) dollars per month each, in accordance with Section 8",
and substituting in lieu thereof the following:
"less than two hunderd ($200.00) dollars nor more than three hundred ($300.00) dollars per clerk, per month, to be fixed in ac cordance with the provisions of Section 8".
972
JOURNAL OF THE HOUSE,
By striking in its entirety Section 7 and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. The salary provided for herein for the Tax Com missioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those com missions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue De partment, and the Tax Commissioner shall have the duty to act as said agent for the State Revenue Department. It is specifically pro vided that the Tax Commissioner shall be entitled to receive and retain in addition to the salary provided for herein those commis sions allowed by an Act approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), relating to the commission of tax col lected in excess of a certain percentage of the taxes due according to the Tax Net Digest."
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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Milhollin of Coffee asked unanimous consent that HB 437, HB 438 and HB 439 be immediately transmitted to the Senate and the consent was granted.
HB 437, HB 438 and HB 439 was ordered immediately transmitted to the Senate.
HR 160-313. By Mr. Newton of Jenkins:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County1, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
WEDNESDAY, FEBRUARY 24, 1965
973
HR 52-99. By Messrs. Bolton and Melton of Spalding:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding 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 ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 24-43. By Messrs. Abney of Walker, Hale of Dade, and others: A Resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 159-303. By Mr. Phillips of Columbia: A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Columbia 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 ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
974
JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and adopted:
HR 203. By Messrs. Dunwody, Jones and Laite of Bibb:
A RESOLUTION
Commending radio station WBML of Macon, Georgia; and for other purposes.
WHEREAS, radio station WBML of Macon, Georgia, has been pro viding excellent coverage of the current Session of the General As sembly; and
WHEREAS, each night during the week said station presents a "Legislative Round-up" program which keeps the listeners of Macon and surrounding areas well informed on matters pending before the General Assembly; and
WHEREAS, on each Sunday said station presents a program on which members of the General Assembly are invited to appear to discuss proposed legislation being considered by the General Assembly and other legislative matters; and
WHEREAS, the broadcasting of such programs renders valuable public service in contributing to good citizenship by keeping citizens timely advised on laws being considered and enacted by the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend radio station WBML of Macon, Georgia, for rendering valuable public service to the citizens of Macon and the surrounding areas.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to radio station WBML of Macon, Georgia.
HR 207. By Mr. Dean of Polk:
A RESOLUTION
Urging the State of Georgia to purchase Georgia products from Georgia industries; and for other purposes.
WHEREAS, the State of Georgia is now purchasing certain products from industries outside the State of Georgia; and
WHEREAS, similar quality products are being manufactured by industries located within the State of Georgia; and
WEDNESDAY, FEBRUARY 24, 1965
975
WHEREAS, these products can be purchased as readily and as economically from Georgia industries as they can from outside indus tries; and
WHEREAS, it is beneficial to the people of Georgia for the State to purchase products from industries located within the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge the State of Georgia to purchase Georgia products from Georgia industries, when ever possible.
HR 200. By Mr. Bolton of Spalding:
A RESOLUTION
Urging the renunciation of the Warsaw Convention; and for other purposes.
WHEREAS, due to the Warsaw Convention, a treaty to which the United States is a party, the limit of liability of carriers to passengers on international air flights for any one injury or death is limited to ap proximately $8,300.00; and
WHEREAS, the limits of liability prescribed by said convention are antiquated and no longer realistic when viewed in the light of the present day economic conditions and are discriminatory against citizens of the United States; and
WHEREAS, a Protocol was offered to the Warsaw Convention at the Hague in 1955 doubling the limits of liability of any carrier for such an occurrence; and
WHEREAS, the President of the United States has previously re quested of the United States Senate its advice and consent to ratify said Protocol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby request each and every state legislature to exert their influence upon their respective Congressional delegations to renounce the Warsaw Convention or in the alternative that the Warsaw Convention, as amended at the Hague in 1955, be ratified by the United States Senate, and that the United States immediately institute appropriate proceedings to call together a con vention so that the Warsaw Convention might be amended to increase the limits of liability of carriers of international air flights to passen gers so as to provide adequate and just compensation for injuries and deaths occurring thereon.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a copy
976
JOURNAL OF THE HOUSE,
of this Resolution to each and every member of the Georgia Congres sional Delegation and to the presiding officer of each house of the several state legislatures of the United States.
HR 147. By Mr. Etheridge of Fulton:
A RESOLUTION
Creating the "Indigent Defendant Study Committee"; and for other purposes.
WHEREAS, the problem of providing representation in the courts for indigent defendants has always existed but has become increasingly acute due to decisions of the Supreme Court of the United States; and
WHEREAS, in the case of Gideon vs. Wainwright, 372 U. S. 335, said Court held that state courts must appoint counsel for indigent defendants; in the case of Douglas vs. California, 372 U. S. 353, the Gideon Doctrine was extended to include the right to counsel on appeals; and in the case of Escobedo vs. Illinois, 378 U. S. 478, said Court held that an indigent defendant must have counsel available during all stages of the proceedings once the criminal process "shifts from investigatory to accusatory"; and
WHEREAS, this is not a problem which is confined to the State of Georgia but exists in every state of the Union and is being considered by many groups and organizations; and
WHEREAS, many different suggestions have been made towards a solution to this problem, among them being the suggestion that a system of public defenders be created in Georgia; and
WHEREAS, the creation of such a system is advanced by some as the perfect solution, while others think it would be highly detrimental to create such a system and think that other suggestions have consider ably more merit; and
WHEREAS, a study of this problem and of all possible solutions should be made with a view towards determining the best possible solu tion for the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the "Indigent Defendant Study Committee" to be composed of 5 members of the House of Representatives to be appointed by the Speaker, and 5 members of the Senate to be appointed by the President, for the purpose of studying the problem relative to the furnishing of counsel for indigent defendants. The Committee shall work with other groups and organizations studying this problem and shall seek and receive suggestions, looking toward as solution to said problem. The members of the Committee shall be desig nated within 30 days after this Resolution becomes law, and the members
WEDNESDAY, FEBRUARY 24, 1965
977
shall meet within 30 days thereafter for the purpose of organizing, electing a Chairman, a Secretary, and such other officers as deemed advisable, and adopting procedures for its operation. The Committee is authorized to hold public hearings if deemed advisable. In order to. per form its duties more efficiently, the Committee is authorized to pur chase books, supplies, material and equipment. The members shall re ceive 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 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, 1965, on which date the Committee shall stand abolished.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution having received the requisite constitutional majority, was adopted.
HR 182. By Mr. Hull of Richmond:
A RESOLUTION
Creating a committee to study the laws relating to the rules of civil and criminal procedure; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House of Representatives is authorized to ap point a committee to be composed of not more than 8 members of the House of Representatives for the purpose of studying, amending and revising the present laws of this State in regard to the rules of civil and criminal procedure. The committee is authorized to hold hearings and to study all matters relative to the aforesaid purposes. The com mittee is authorized to employ not more than 3 persons who are skilled in legislative drafting and who are experts in the field of civil and crim inal procedure, both state and federal. The committee is further author ized to employ a clerical assistant who shall assist the committee in its study. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The personnel authorized to be em ployed by the committee shall receive such compensation as shall be fixed by the committee which, however, shall not exceed that compensa tion received by the legislative members of the committee. The com mittee shall make a report of its findings and recommendations on or before January 10, 1966, on which date the committee shall stand abolished. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.
978
JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 205. By Messrs. Parker of Screven, Lane of Bulloch and others:
A RESOLUTION
To create a teachers' salary study committee; and for other purposes.
WHEREAS, salaries for school teachers continues to be one of the most perplexing problems facing the General Assembly and the entire State; and
WHEREAS, it is urgent that information be obtained and a study made relative to salaries for school teachers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a teachers' salary study committee to be composed of five members of the House to be appointed by the Speaker. The members shall study all problems con nected with salaries for teachers and all other personnel in the State and local school systems, and all matters relative thereto. The members shall receive the compensation, per diem, expenses and allowances au thorized for legislative members of interim legislative committees, but shall receive the same for not more than 15 days per member. The committee shall make a report of its findings and recommendations on or before December 1, 1965, on which date the committee shall stand abolished. The committee is hereby authorized to obtain materials, sup plies and equipment necessary for its study. The funds necessary to effectuate the provisions of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.
HR 206. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, and others:
A RESOLUTION
Creating an interim study committee on traffic safety; and for other purposes.
WHEREAS, at the 1964 Session of the Georgia General Assembly, an interim committee was created to study the needs of the State of Georgia in the field of traffic safety; and
WHEREAS, during the summer and fall months this committee undertook its study and has submitted its report to the 1965 General Assembly which contains their findings and recommendations for the needs of the State of Georgia; and
WHEREAS, at the present Session of the General Assembly, certain items of legislation have been introduced implementing portions of the recommendations submitted by this interim study committee; and
WEDNESDAY, FEBRUARY 24, 1965
979
WHEREAS, it is desirable that additional study be devoted to this field and that some continuity be established for the effort being made in the field of traffic safety.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created a Traffic Safety Committee to be composed of four members of the Senate and four members of the House of Representatives, to be appointed by the Lieu tenant Governor and the Speaker of the House, respectively, and such members as shall be appointed by the Governor, not to exceed four, from persons who are interested in traffic safety. The Committee shall in vestigate the entire field of traffic safety and related matters thereto. The Committee shall report its findings and recommendations back to the 1966 Session of the Georgia General Assembly. The Committee members shall receive the compensation, per diem, expenses and al lowances which are authorized for members of interim legislative com mittees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government.
Mr. Murphy of Haralson arose on a point of personal privilege and addressed the House.
Mr. Murphy of Haralson moved, that under the provisions of House Rule 140, that the House disagree with the Committee report on the following Bill of the House:
HB 163. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said Act shall be limited to the sole purpose of determining the cause of death, and for other purposes.
On the motion to disagree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black
Blair Blalock Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B.
Brown, Gene Caldwell Clark, J. T. Collins, J. F. Collins, M. Crowe Davis Dean
980
JOURNAL OF THE HOUSE,
Deloach DeVane Dickinson Dixon Dollar Dorminy
Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Flynt Fulford Grahl Griffin Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Hudgins Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Knight, W. D. Lane Lee, F. S. Lee, G. B.
Leonard Lewis, E. B. Looper Lovett Lowrey Marshall Matthews, D. R. Mauldin McCracken McDaniell McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Poss
Potts Reaves Reid Rhodes
Roberts Rogers, Jimmie
Roper Ross Rowland Rush Russell Savage Shea Simkins Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Spillers Stalnaker Story Tabb Thomas Thomason Tidwell Underwood Vaughn, C. R. Vaughan, D. N. Walker Wells
Wiggins Wright
Those voting in the negative were Messrs.:
Acree Bowen, R. L. Byrd Coker, G., Dr. Colwell Holder Jordan, W. H.
Lee, W. J. (Bill) Maddox Mauney McKemie Pope Simpson Spikes
Tucker, J. B. Tucker, Ray M. Ware Watkins Watson Woodward
Those not voting were Messrs.:
Abney
Alien Bedgood Bolton Brooks, Wilson Brown, M. P.
Busbee Bynum Carr Chandler Clarke, H. G. Coker, R.
Conger Conner Dailey Etheridge Ployd Gary
WEDNESDAY, FEBRUARY 24, 1965
981
Griffis Hale
Hall Harrell Houston
Howell Irvin Jessup
Johnson, B. Jones, M. Kelly
Knight, D. W. Laite Lambert
Lewis, P. B. Luke
Matthews, C. McClelland Melton
Mitchell Moore, J. H. Oglesby
Otwell Pickard Rainey
Richardson Rodgers, H. B. Sewell
Shuman Simmons
Singer Smith, E. B., Jr. Smith, V. T.
Snow Steis Strickland
Sweat White Williams, G. J.
Williams, W. M. Wilson Mr. Speaker
On the motion to disagree, the ayes were 124, nays 20.
The motion prevailed and the House disagreed to the Committee Report and HB 163 was placed on the General Calendar.
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 252. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to provide that all contracts entered into by the State Highway Department for road work shall include a provi sion calling for the sowing of appropriate vegetation on all banks, fills and cuts along the right-of-way of the road project, and for other purposes.
The following amendment was read:
Bynum of Rabun moves to amend HB 252 as follows:
By adding a new paragraph at the end of Section 1 and before the repealer clause to read as follows:
"The words 'where practical', as the same appear in this Act, are hereby defined as follows: The words "where practical" as they appear in this Act shall mean in all places upon said right-of-way likely to erode."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
982
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 Acree Anderson Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. 0. Branch Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Davis Dean Deloach DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L.
Pickard Pope Poss Potts Reaves Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
WEDNESDAY, FEBRUARY 24, 1965
983
Those voting in the negative were Messrs.:
Clark, J. T. Colwell
Lewis, P. B. Looper
Tucker, J. B.
Those not voting were Messrs.:
Alien Arnsdorff Bagby Bedgood Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Chandler Clarke, H. G. Conner Dailey Dixon Etheridge
Floyd
Flynt Hale Hall Harrington Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Lane Lee, G. B. Luke McClelland
Melton
Moore, J. H. NeSmith, J. D. Newton, D. L. Otwell Parker Rainey Rhodes Roper Shuman Smith, G. L. II Strickland Sweat Thomas White Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 149, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Bynum of Rabun asked unanimous consent that HB 252 be immediately transmitted to the Senate and the consent was granted.
HB 252 was ordered immediately transmitted to the Senate.
HB 285. By Mr. Dean of Polk: A Bill to be entitled an Act to amend an Act establishing a State Em ployees Retirement System, so as to change the provisions relating to former employees, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act establishing a State Em ployees Retirement System, approved February 3, 1949 (Ga. Laws, p.
984
JOURNAL OF THE HOUSE,
138), as amended, so as to change the provisions relating to former employees; to provide creditable service for certain employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act establishing a State Employees Retirement System, ap proved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking Subsection (14) of Section 4 in its entirety and inserting in lieu thereof a new Subsection (14) to read as follows:
"(14) Any other provision of this Act to the contrary notwith standing, any former employee of this State, except those former and present employees having previously elected non-membership in this System and any employee transferring his membership and credits to this System, who was a member of record as of July 1, 1961, who is not excluded by reason of the foregoing exceptions, who had at least ten (10) years of service prior to January 1, 1950 (any period of service prior to January 1, 1950, in excess of nine (9) years and six (6) months but less than ten (10) years shall be considered as ten (10) full years for the purpose of certifi cation of eligibility for retirement benefits accruing under this Section of the Act), for which earnable compensation was paid directly to him by a Department of State Government and who be comes entitled to benefits under the provisions of this Act, shall be eligible for and, under proper certification, receive credit for only those prior service accumulations, either adjusted or other wise, in the same manner as allowed all other eligible members of the System within the year 1953. Provided, however, such individual shall not be eligible to receive benefits until he shall have served at least five (5) years subsequent to July 1, 1961, as a member."
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 Anderson
Arnsdorff Bagby Balkcom
Ballard Barber Beck
WEDNESDAY, FEBRUARY 24, 1965
985
Black Blair Blalock Bolton Bowen, J. 0. Brackin Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Dean Deloach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Farrar Fulford Grahl Griffin Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Hudgins
Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Overby Page Paris
Perry Peterson Phillips, G. S. Phillips, L. L. Poss Potts Reid Richardson Roberts Rogers, Jimrnie
Roper Ross Rowland Rush Russell Savage Shea Simkins Simpson Singer Smith, A. B. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Tabb Thomas Tidwell Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Williams, G. J. Woodward Wright
Voting in the negative was Mr. Ray M. Tucker.
Those not voting were Messrs.:
Alien Bedgood Bowen, R. L. Branch Brooks, Wilson
Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Collins, M. Conner Crowe Dailey Davis
1
Dunwody Etheridge Floyd Flynt Gary Griffis Hale Hall Harrell Herndon Howell Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Lambert
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lewis, P. B. Matthews, C. McClelland Melton Mitchell Mixon Newton, A. S. Newton, D. L. Otwell Pafford Parker Pickard Pope Rainey Reaves Rhodes Rodgers, H. B. Sewell
Shuman Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Story Sweat Thomason Tucker, J. B. Walker Ware White Wiggins Williams, W. M. Wilson, Hoke Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed by substitute.
Mr. Dean of Polk asked unanimous consent that HB 285 be immediately transmitted to the Senate and the consent was granted.
HB 285 was ordered immediately transmitted to the Senate.
HB 292. By Messrs. Simkins of Richmond, Jones of Muscogee, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that any person who shall have reached his or her 18th birthday and who is married may execute notes, loan deeds, deeds to secure debts, for the purpose of securing loans on real estate, so as to authorize certain minors to execute conditional sales contracts for the purchase of per sonalty, and for other purposes.
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, FEBRUARY 24, 1965
987
Those voting in the affirmative were Messrs.:
Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Branch Brantley Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Collins, J. F. Colwell Conger Davis Dean DeLoach Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Gary Grahl Griffin Hale Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lee, F. S. Lee, G. B. Lewis, E. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McCracken McDaniell McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom
Oglesby Overby Page Paris Parker Perry Peterson Phillips, L. L. Poss Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, A. B. Smith, Chas. C. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Tabb Thomas Tidwell Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Ware Watson Wells Williams, G. J. Woodward
Those voting in the negative were Messrs.:
Ross Tucker, Ray M.
White
Wright
988
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Alien Ballard Bedgood
Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Coker, G., Dr. Coker, R. Collins, M. Conner Crowe Dailey DeVane Etheridge Floyd Flynt Fulford
Griffis Hall Howell Jessup
Jones, C. M. Jones, G. Paul Kelly Knight, D. W. Knight, W. D. Lambert Lane Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett Mauldin McClelland McKemie Mitchell Moore, J. H. Otwell Pafford
Phillips, G. S. Pickard Pope Rainey
Roberts Roper Shuman Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Story Sweat Thomason Underwood Walker Watkins Wiggins Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 134, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Simkins of Richmond asked unanimous consent that HB 292 be im mediately transmitted to the Senate and the consent was granted.
HB 292 was ordered immediately transmitted to the Senate.
Under the General Order of Business, established by the Committee on Rules, the following Bill of the House was again taken up:
HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield, and others:
A Bill to be entitled an Act amending an Act amending Section 92-5301 of the Code of Georgia by changing the classes and amounts of com missions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, and for other purposes.
WEDNESDAY, FEBRUARY 24, 1965
989
Mr. Ware of Troup asked unanimous consent that HB 226 be recommitted to the Committee on State of Republic for further study.
The consent was granted and HB 226 was recommitted to the Committee on State of Republic.
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 322. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Commission, by providing that the Attorney General, the Director of the Department of Industry & Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Beck Black Blair Blalock Brackin Brantley Brinkley Busbee Bynum Carr Chandler Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Davis Dean DeVane Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Grahl Griffin Griffis Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Holder Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B.
990
Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby
JOURNAL OF THE HOUSE,
Pafford Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simkins Simmons Singer Smith, A. B. Smith, Chas. C.
Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Salnaker Steis Story Tabb Thomas Thomason Tidwell Tucker, J. B. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Ballard Barber Bedgood Bolton Bowen, J. O. Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Byrd Caldwell Collins, J. F. Conger Conner Dailey DeLoach Dickinson Dixon
Dollar Dorminy Etheridge Floyd Flynt Gary Hale Hall Harrell Harrington Herndon Houston Jessup Johnson, B. Jones, F. C. Kelly Knight, D. W. Laite Lambert Lane
Lee, W. J. (Bill) Lovett McClelland Melton Mixon Moore, J. H. Newton, D. L. Page Poss Reaves Roberts Roper Shuman Simpson Strickland Sweat Tucker, Ray M. Vaughn, C. R. Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 1965
991
Mr. Irvin of Habersham asked unanimous consent that HB 322 be immediately transmitted to the Senate and the consent was granted.
HB 322 was ordered immediately transmitted to the Senate.
SB 65. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 84-207, relating to certification of accountants, so as to change the qualifications required applicants for certification as certified public accountants, and for other purposes.
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 Bagby Balkcom Beck Blair Bowen, J. 0. Branch Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr
Coker, G., Dr. Collins, J. F.
Colwell Conger Dean
DeLoach DeVane Dickinson Dixon Dollar
Doster Duncan, A. C. Duncan, V. W. Dunwody
Farrar Floyd Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Howell Hudgins Hull
Hutchinson Irvin
Johnson, Dr. A. S. Jones, C. M. Jones, F. C.
Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D.
Laite Lee, G. B. Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt
Minge Mitchell
Moate Moore, Don C. Moore, J. H.
Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby
992
Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reid Rhodes Richardson Roberts Rogers, Jimmie
JOURNAL OP THE HOUSE,
Ross Rowland Rush Russell Savage Sewell Shea Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spillers Stalnaker
Steis Story Tabb Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells White Woodward
Those voting in the negative were Messrs.:
Leonard Milhollin
Rainey
Williams, G. J.
Those not voting were Messrs.:
Abney Acree Arnsdorff Ballard Barber Bedgood Black Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Conner Crowe Dailey
Davis Dorminy Etheridge Evans Flynt Fulford Gary Griffis Hale Hall Herndon Houston Jessup Johnson, B. Kelly Knight, D. W. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Maddox McClelland Melton Mixon
NeSmith, J. D. Parker Poss Reaves Rodgers, H. B. Roper Shuman Simmons Simpson Singer Smith, J. R. Snow Spikes Strickland Sweat Thomas Tucker, Ray M. Walker Wiggins Williams, W. M. Wilson Wright Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 24, 1965
993
Messrs. Barber of Jackson and Sweat of Ware stated that they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye" on SB 65.
HR 156. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Resolution creating the Election Laws Study Committee, 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 Balkcom Ballard Barber Beck Bedgood Blair Bolton Brackin Branch Brinkley Brown, M. P. Busbee Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dickinson
Dollar Dorminy Doster Duncan, V. W. Dunwody Evans Farrar Floyd Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Johnson, R. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lee, G. B. Looper
Marshall Matthews, C. Matthews, D. R. Mauney McDaniell McKemie McRae Merritt Milhollin Mitchell Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts
994
Reaves Reid Rhodes Richardson Rodgers, H. B. Ross Rowland Rush Savage Sewell Shea Shuman Simkins
JOURNAL OP THE HOUSE,
Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Tabb
Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Watson Wells Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Black Blalock Bowen, J. O. Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Clarke, H. G. Conner Dailey DeLoach Dixon Duncan, A. G. Etheridge Flynt Fulford Hale Hall Harrington
Houston Irvin Jessup Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Mauldin McClelland McCracken Melton
Minge Mixon Moore, Don C. Paris Poss Rainey Roberts Rogers, Jimmie
Roper Russell Simmons Singer Smith, G. L. II Story Sweat Tucker, J. B. Vaughn, C. R. Walker Watkins White Wiggins Williams, W. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 135, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A Bill to be entitled an Act to amend Code Section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more
WEDNESDAY, FEBRUARY 24, 1965
995
members of the board of education may be selected from the same militia district, and for other purposes.
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 Balkcom Barber Beck
Bedgood Black Blair Blalock Bolton Brinkley Brooks, Geo. B. Brown, M. P. Busbee Carr Clark, J. T. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Conger Conner Crowe Davis DeVane Dickinson Dollar Dorminy Doster Duncan, V. W. Evans Farrar Floyd Gary Grahl
Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Hudgins Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, F. S. Lee, G. B. Leonard Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauney McDaniell McKemie McRae Merritt Milhollin Moate Moore, J. H. Moses Murphy
NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Savage Sewell Shea Shuman Simkins
Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow
996
Stalnaker Steis Story Thomas Thomason Tidwell Tucker, J. B.
JOURNAL OP THE HOUSE,
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells
Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Ballard Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Chandler Clarke, H. G. Coker, R. Dailey Dean DeLoach Dixon Duncan, A. C. Dunwody Etheridge Flynt Fulford
Hale Hall Harrington Houston Howell Irvin Jessup Jones, C. M. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Lewis, E. B. Lovett Maddox Mauldin McClelland McCracken Melton Minge
Mitchell Mixon Moore, Don C. Nessmith, P. Newton, D. L. Pope Potts Rowland Russell Simmons Smith, G. L. II Smith, V. T. Spikes Spillers Strickland Sweat Tabb Walker Ware White Williams, W. M. 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. Sweat of Ware 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 360.
HB 256. By Messrs. Harris and Farrar of DeKalb, Simkins of Richmond, and others: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change and re-
WEDNESDAY, FEBRUARY 24, 1965
997
vise certain provisions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period covered by such licenses, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 256 by striking the semi-colon following the word "chapter" in line 13 of Section 3 of page 4 and substituting a period; by striking the word "nor" in said line and inserting the following: "The provisions of this Chapter shall not apply"; and by striking the word "or" at the beginning of the last line of said Section and inserting the word "of".
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 Balkcom Ballard Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Carr Coker, G., Dr. Coker, R. Collins Colwell Conger Crowe DeVane
Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jones, F. C. Jones, G. Paul Jones, M.
Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lane, W. J. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Moate Moore, Don C.
998
Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey
JOURNAL OP THE HOUSE,
Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea
Shuman Simkins Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T.
Snow Spikes Spillers Stalnaker Steis Sweat Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Ware Watkins Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative were Messrs.: Evans and Story.
Those not voting were Messrs.:
Acree Bagby Barber
Branch Brantley
Brooks, Geo. B. Bynum Byrd Caldwell
Chandler Clark, J. T. Clarke, H. G.
Collins, M. Conner
Dailey Davis Dean DeLoach Dickinson
Doster Etheridge
Flynt Fulford Hale
Hall Herndon
Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Kelly Knight, D. W. Lambert
Leonard Lovett
Matthews, C. Matthews, D. R. McClelland Mixon Moore, J. H.
NeSmith, J. D. Peterson
Pope Reaves Roberts
Roper Simmons
Simpson Smith, J. R. Strickland Thomason
Tabb Thomason Tucker, J. B.
Walker Watson
Wells White Wiggins Wilson 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.
WEDNESDAY, FEBRUARY 24, 1965
999
HB 377. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act authorizing the Department of Industry and Trade to establish air markers throughout 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:
Those voting in the affirmative were Messrs.
Abney Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Branch Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Carr
Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dixon Dollar Dorminy
Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope
1000
Poss Potts Reaves Reid Roberts Rodgers, H. B. Roper Rowland Rush Russell Savage Shuman Simkins
JOURNAL OF THE HOUSE,
Simp son Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland
Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Bay M. Vaughn, C. R. Watkins Watson Williams, G. J. Wright
Those not voting were Messrs.:
Acree Alien Ballard Brantley Brinkley Brooks, Geo. B. Bynum Caldwell Chandler Conner Dailey Deloach Dickinson Etheridge Hale Hall Hull Jessup Johnson, B.
Jones, C. M. Jones, F. C. Jones, M. Kelly Knight, D. W. Lambert Lane Leonard Lovett Matthews, D. R. McClelland Moore, J. H. Murphy Peterson Pickard Rainey Rhodes Richardson Rogers, Jimmie
Ross Sewell Shea Simmons Smith, A. B. Smith, G. L. II Sweat Underwood Vaughan, D. N. Walker Ware Wells White Wiggins Williams, W. M. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 124. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to prohibit certain members who take refunds from subsequently becoming members of the Fund, and for other purposes.
Messrs. Lee and Gary of Clayton offered an amendment which was read and lost.
WEDNESDAY, FEBRUARY 24, 1965
1001
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 Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean
DeVane Dickinson Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary
Grahl Griffin Griffis Hale Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge
Mitchell Mixon Moate Moore, Don C. Moore, J. H.
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell
Overby Pafford Page Paris Parker
Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie
Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons
1002
JOURNAL OP THE HOUSE,
Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers
Stalnaker Steis Story Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R.
Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Alien Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Conner Dailey Davis Deloach Dixon Dorminy
Etheridge Flynt Hall Harrell Harrington Herndon Hull Jessup Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Lambert Leonard Lovett
Matthews, D. R. McClelland Pickard Potts Smith, G. L. II Strickland Sweat Thomason Walker Ware White Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sweat of Ware 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 124.
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:00 p.m.
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:
WEDNESDAY, FEBRUARY 24, 1965
1003
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to be entitled an Act to amend Code Chapter Y4-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in any exami nation of any such children, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the exami nation of any such children; to provide for the contents and nature of report made by such persons; to provide that any person making such a report shall be immune from criminal and civil liability; to provide that the contents of any such report shall not be privileged evidence; to prescribe the purpose of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 74-1 relating to the relationship of parent to child is hereby amended by adding after Code Section 74-110 new Code Sections to read as follows:
"74-110.1 Reports by Physicians, other treating personnel, and Institutions. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, intern, resident, public health nurse and welfare worker having cause to believe that a child under the age of twelve brought to him or coming before him for examination, care or treatment has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, shall report or cause reports to be made in accordance with the provisions of this Act; provided, however, that when the attendance of a physician with respect to a child is pursuant to the performance of services as a member of the staff of a hospital or similar institution he shall notify the person in charge of the in stitution or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this Act; and pro vided, further, that when an apparently abused child has been seen by a public health nurse or welfare worker, then said public health nurse or welfare worker shall report his or her observation to the County Health Officer or, if none, to any licensed physician who shall, after examination and if he concurs that the injuries were inflicted by other than accidental means, report or cause reports to be made in accordance with the provisions of this Act.
1004
JOURNAL OP THE HOUSE,
"74-110.2. Nature and Content of Report; to whom made. An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, to a child welfare agency pro viding protective services, or in the absence of such agency, to an appropriate police authority. Such reports shall contain the names the addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (in cluding any evidence of previous injuries), and any other informa tion that the physician believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
"74-110.3. Immunity from Liability. Anyone participating in the making of a report pursuant to this Act or participating in a judicial proceeding resulting therefrom shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
"74-110.4. Evidence Not Privileged. The physician-patient privi lege and the psychiatrist-patient privilege shall not be a ground for excluding evidence regarding a child's injuries or the cause thereof, in any judicial proceeding resulting from a report pursuant to this Act.
"74-110.5. Purpose. The purpose of Code Sections 74-110.1 through 74-110.5 is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. This is often manifest by the infliction, other than by accidental means, of physical injury requiring the attention of a physician. It is intended that the mandatory reporting of such cases by physicians and institutions to appropriate police authority will cause the protective services of the State to be brought to bear on the situation in an effort to prevent further abuses, protect and en hance the welfare of these children, and preserve family life wherever possible. These Code Sections shall be liberally construed so as to carry out the purposes of said Code Sections."
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. Paris of Barrow moves to amend Committee substitute to HB 44 by substituting a comma at the end of Section 74-110.3 in lieu of the period and adding at the end thereof the following language:
"Provided any such participation pursuant to this Act shall be made in good faith".
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.
WEDNESDAY, FEBRUARY 24, 1965
1005
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Branch Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Deloach DeVane Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Gary
Grahl
Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin
Minge
Mitchell
Mixon Moore, Don G. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes
1006
Spillers Stalnaker Steis Story Sweat Tabb Thomas
JOURNAL OF THE HOUSE,
Tidwell Tucker, Ray M. Vaughan, D. N. Ware
Watkins Watson Wells
White Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Bolton Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Clark, J. T. Clarke, H. G. Conner Dailey Dean Doster Etheridge
Pulford
Hale Hall Hudgins Jessup Jones, C. M. Jordan, W. H. Kelly Looper Lovett McClelland Moate Newton, D. L.
Otwell
Perry Rhodes Roper Strickland Thomason Tucker, J. B. Underwood Vaughn, C. R. Walker Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
HB 383. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend an Act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Bagby
Balkcom Ballard Barber Bedgood Black
Blair Blalock Bowen, J. O. Brackin Branch
WEDNESDAY, FEBRUARY 24, 1965
1007
Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Davis Dean Deloach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell
Hudgins
Hull
Hutchinson
Irvin
Johnson, Dr. A. S.
Johnson, B.
Jones, C. M.
Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odoni Oglesby Otwell Pafford
Page
Paris
Parker
Perry
Peterson
Phillips, G. S.
Phillips, L. L.
Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Watkins Watson Wells
White
Williams, G. J.
Wilson
Woodward
Wright
1008
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Beck Bolton Bowen, R. L. Brantley Brooks, Wilson Bynum Caldwell Clark, J. T. Conger
Dailey Etheridge Hale Hall Jessup Kelly Lovett McClelland Moate Overby
Smith, Chas. C. Story Tucker, J. B. Vaughn, C. R. Walker Ware Wiggins Williams, W. M. ' Mr. Speaker
On the passage of the Bill, the ayes were 175, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 374. By Mr. Dorminy of Ben Hill: A Bill to be entitled an Act to amend Code Section 81-212, relating to the method of service upon minors, so as to provide that the method of service for minors shall be the same for insane persons with certain exceptions, and for other purposes.
The following amendment was read and adopted:
Snow of Walker moves to amend HB 374 as follows:
By inserting between the words "upon" and "insane" as they appear in the next to last sentence of Code Section 81-212, which is quoted in Section 1 of said Bill, the words "minors and", and by deleting the word "insane" as it appears in that same sentence between the words "such" and "persons", so that when so amended the next to last sentence of Code Section 81-212 shall read as follows:
"Provided, however, the method of service upon minors and insane persons as is provided for herein shall not be exclusive but shall be cumulative of any other method of service upon such per sons."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
WEDNESDAY, FEBRUARY 24, 1965
1009
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 Bagby Balkcom Ballard Barber Bedgood Black Blair Blalock Bolton Bowen, J. 0. Branch Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Deloach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Farrar Floyd Flynt Gary Grahl Griffis Harrell Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C.
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Pafford
Page Paris Parker Peterson Phillips, G. S. Phillips, L. L.
Pope Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell
Savage Sewell Shea Shuman Simkins Simmons
Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Ware Watkins
1010
Watson White
JOURNAL OF THE HOUSE,
Wiggins Williams, G. J.
Woodward Wright
Voting in the negative were Messrs. Harris, J. F. and Vaughan, D. N.
Those not voting were Messrs. :
Arnsdorff Beck
Bowen, R. L. Brackin Brantley Brooks, Wilson Bynum Caldwell Chandler Clarke, H. G. Conger Conner Dailey Davis Dean Dollar
Dunwody
Etheridge Fulford Griffin Hale Hall Harrington Hudgins Jessup Jones, G. Paul Kelly Laite Looper Lovett McClelland
Moate Moore, J. H. Nessmith, P.
Newton, D. L. Otwell
Overby Perry Pickard
Poss Rhodes Roper Story Thomason Underwood Wells Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill as amended, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Overby of Hall 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 374.
SB 35. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Govern ment, and for other purposes.
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, FEBRUARY 24, 1965
1011
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson Arnsdorff Balkcom Bedgood Black Blair Blalock Bolton Bowen, J. 0. Branch Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Farrar Flynt Fulford Gary Grahl Griffis Harrell Harris, J. P. Harris, J. R. Harris, R. W.
Henderson Holder Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Pafford Page Paris Parker
Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reid Richardson Roberts Rogers, Jimmie Rowland Rush Russell Sewell Shea Shuman Simkins Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Bagby
Ballard
Barber
1012
Beck Bowen, R. L. Brackin Brantley Brooks, Wilson Chandler Clarke, H. G. Conker Conner Dailey Davis Dollar Dunwody Etheridge Floyd Griffin Hale Hall Harrington
JOURNAL OF THE HOUSE,
Herndon Irvin Jessup Jordan, W. H. Laite Lane Lewis, E. B. Looper Lovett Luke Maddox McClelland Melton Mixon Moate Moore, J. H. Newton, D. L. Otwell Overby
Poss Reaves Rhodes Rodgers, H. B. Roper Ross Savage Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Story Tidwell Wiggins Williams, W. M. Wilson 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 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, and others:
A Bill to be entitled an Act to amend the Honesty in Government Act, so as to make certain transactions with certain officials illegal, and for other purposes.
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 Balkcom Ballard Barber Bedgood
Black Blair Blalock Bolton Bowen, J. O. Brackin Branch Brinkley Brown, Gene
Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
WEDNESDAY, FEBRUARY 24, 1965
1013
Colwell Conger Crowe Dean DeLoach Dickinson Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D.
Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Page Parker Perry Phillips, G. S. Phillips, L. L. Pickard Pope
Poss Rainey Reaves Reid Richardson Rogers, Jimmie Ross Rush Russell Savage Sewell Shea Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker, F. H. Ware Watkins Watson White Wiggins Wright
Those not voting were Messrs.:
Bagby Beck Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Chandler Clarke, H. G.
Conner Dailey Davis DeVane Dixon Etheridge Fulford Hale Hall Hull
Jessup Johnson, B. Jordan, W. H. Kelly Lane Leonard Looper Lovett Luke McClelland
1014
Milhollin Moate Newton, D. L. Overby Paris Peterson Potts Rhodes
JOURNAL OF THE HOUSE,
Roberts Rodgers, H. B. Roper Rowland Shuman Simkins Smith, A. B. Smith, G. L. II
Story Thomason Wells Williams, G. J. Williams, W. M. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority was passed.
Messrs. Overby of Hall and Paris of Barrow stated that they were called 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 343.
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:
HB 58. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of com mission shall not be deemed "employment" within the meaning of said Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Barber Beck Bedgood Blair Bolton Bowen, J. O.
Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, M. P. Busbee Caldwell
Carr Chandler Coker, G., Dr. Crowe Dorminy Doster Duncan, A. C.
WEDNESDAY, FEBRUARY 24, 1965
1015
Duncan, V. W. Dunwody Etheridge Evans Farrar Gary Grahl Griffis Harrell Harrington Harris, J. R. Harris, R. W. Howell Hutchinson Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Leonard
Lewis, E. B. Lowrey Luke Maddox Matthews, D. R. McDaniell McKemie Merritt Mixon Moore, J. H. Murphy Newton, A. S. Newton, D. L. Odom Oglesby Page Paris Phillips, G. S. Pickard Pope Poss Rainey Rhodes Richardson Roberts
Rogers, Jimmie Savage Sewell Shea Simkins Simpson Smith, A. B. Spikes Story Sweat Tabb Thomas Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Ware Watkins Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Balkcom Ballard Black Blalock Branch Brown, Gene Bynum Byrd Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner DeLoach Dixon Dollar
Floyd Harris, J. F. Henderson Herndon Holder Hudgins
Irvin Johnson, Dr. A. S. Kelly Lane Lee, F. S. Lewis, P. B. Looper Mauldin Mauney McRae Mitchell Moore, Don C. Moses NeSmith, J. D. Overby
Perry Peterson Potts Reaves Reid Roper Ross Rowland Rush Simmons Smith, E. B., Jr. Smith, V. T. Snow Spillers Stalnaker Underwood Vaughan, D. N.
Watson White
Those not voting were Messrs.:
Bagby Brantley
Brooks, Geo. B. Clark, J. T.
Clarke, H. G. Dailey
1016
Davis Dean DeVane Dickinson Flynt Fulford Griffin Hale Hall Houston Hull Jessup Johnson, B. Knight, D. W.
JOURNAL OF THE HOUSE,
Knight, W. D. Lovett Marshall Matthews, C. McClelland McCracken Melton Milhollin Minge Moate Nessmith, P. Otwell Faff ord Parker
Phillips, L. L. Rodgers, H. B. Russell Shuman Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Steis Strickland Thomason Tidwell Wells Mr. Speaker
On the passage of the Bill, the ayes were 95, nays 61.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Pafford of Lanier 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 58.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
THURSDAY, FEBRUARY 25, 1965
1017
Representative Hall, Atlanta, Georgia Thursday, February 25, 1965.
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 Rev. Wm. E. Storey, Pastor, Leary Baptist Church, Leary, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following report of the Rules Committee was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Thursday, February 25, 1965, and submits the following:
HB 88.
Teachers' Retirement, Board
1018
JOURNAL OF THE HOUSE,
HB 106.
Penal Authority Act, Bond Limitation
HB 163.
Post-Mortem Autopsies
HB 268.
Law Libraries, Certain Counties
HB 272.
Properties Control Code, Amend
HB 283.
Instruction to Jury, Civil Cases
HB 321.
Personal Property, County Sell
HB 337.
Juvenile Courts, News Media
HB 344.
Family & Children Ser., Amend
HB 394.
Boat Numbering, Amend
HB 421.
Real Estate Titles
HB 440.
Board of Trustees, Joint Municipal Emp.
HB 467.
Banks Uninvested Funds
HB 471.
Condemnation Proceedings
HR 101-133. Bryan, Mary Givens; portrait
HR 164.
Johnson County, Over-payments
HR 176-398. Lease Land, Emanuel County
HR 185-425. Convey Property, Jenkins County
HR 183-418. Convey Property, Fulton County
HR 192-454. Convey Property, Barrow County Senate
SB 6.
Veterinary Medicine, Regulate
SB 22.
Teachers' Retirement, Board
SB 2.
Checks, Drafts, Regulate Business
SB 7.
Ga. State Scholarship Commission
SB 8.
Ga. Higher Education Assistance Corp.
SB 34.
Hospital Advisory Council, Members
SR 52.
Agricultural products, Sale
The Speaker shall have the right to call the above Bills and Resolutions in any order which he shall desire.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
THURSDAY, FEBRUARY 25, 1965
1019
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 501. By Mr. Fulford of Terrell: A Bill to be entitled an Act to create a basic science law to be known, as the "Georgia Basic Science Law"; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 502. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to change the compensation of the chairman of the board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 503. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to change the date when the commissioners shall begin their terms of office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 504. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 505. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court, the Ordinary, the Tax Collector, and Tax Receiver of Ware County on a salary system, so as to change the pro visions relative to the employment of personnel; and for other purposes.
Referred to the Committee on Local Affairs.
HB 506. By Mr. Jones of Liberty:
A Bill to be entitled an Act to create and incorporate the Town of Alienhurst and grant a Charter to that municipality under that name and style; and for other purposes.
Referred to the Committee on Local Affairs.
1020
JOURNAL OF THE HOUSE,
HB 507. By Messrs. Knight of Berrien, Ballard of Newton, Simpson of Wheeler and Moses of Montgomery:
A Bill to be entitled an Act to create a court reporters' retirement system; and for other purposes.
Referred to the Committee on Appropriations.
HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 509. By Messrs. Brooks of Fulton, Steis of Harris and Evans of McDuffie:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to the liability of an insurer for damages and attorney's fees for refusal to pay certain losses covered by a policy of insurance, so as to provide that the insurer shall be liable to pay the holder of a policy of insurance, in addition to the loss damages or reasonable attorney's fees, or both for the prosecution of the case against the insurer for certain losses; and for other purposes.
Referred to the Committee on Judiciary.
HB 510. By Messrs. Evans of McDuffie, Steis of Harris and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to the liability of an insurer for damages and attorney's fees for refusal to pay certain losses covered by a policy of insurance, so as to provide that a finding by the jury in a verdict that plaintiff is entitled to at torney's fees, or penalty, or both, shall constitute a finding that bad faith exists; and for other purposes.
Referred to the Committee on Judiciary
HB 511. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to remove the provision requiring the written approval of the judge of the superior court of the county in order for the court of ordinary to exercise jurisdiction for hospitalization of certain alleged mentally ill persons; and for other purposes.
Referred to the Committee on Welfare.
THURSDAY, FEBRUARY 25, 1965
1021
HB 512. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
Referred to the Committee on Veterans Affairs.
HB 513. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to remove the provision requiring a copy of the application for involuntary hospitalization of an alleged mentally ill person to be forwarded to the court of ordinary of the alleged mentally ill person's residence and the posting of a copy thereof; and for other purposes.
Referred to the Committee on Welfare.
HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes.
Referred to the Committee on Local Affairs.
HB 515. By Messrs. Lowrey of Ployd, Matthews of Colquitt, Wells of Oconee, Dorminy of Ben Hill, Milhollin of Coffee, Pafford of Lanier, Laite of Bibb and Newton of Colquitt:
A Bill to be entitled an Act to create within the Department of Agricul ture the Division of Institutional Farms; and for other purposes.
Referred to the Committee on Agriculture.
HB 516. By Messrs. Harris, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities joining in the creation of a hospital authority; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 517. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of
1022
JOURNAL OP THE HOUSE,
% of the net amount collected by the county tax collector"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 518. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other purposes.
Referred to the Committee on Judiciary.
HB 519. By Messrs. Newton of Colquitt and Dunwody of Bibb:
A Bill to be entitled an Act to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, so as to provide that Section 11 of said Act shall not apply to any person, firm, or corporation who manufactures, sells or offers for sale anything under the name of "ice cream" if this product is to be sold outside the State of Georgia; and for other purposes.
Referred to the Committee on Agriculture.
HB 520. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide for the reporting of the number of students attending integrated schools to the State Board of Educa tion by the various local units of administration; and for other purposes.
Referred to the Committee on Education.
HB 521. By Messrs. Shea, Sewell and Richardson of Chatham:
A Bill to be entitled an Act to carry into effect the provisions of the Constitutional Amendment reported in Georgia Laws 1964, p. 986, au thorizing the General Assembly to provide that the Mayor and Aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the County and City Board of Tax Assessors; and for other purposes.
Referred to the Committee on Local Affairs.
HR 204-521. By Messrs. Thomas of Wayne, Balkcom of Quitman, Black of Web ster, Tabb of Miller, Rogers of Long and Wilson of Brantley:
A Resolution proposing an amendment to the Constitution so as to pro vide for the exemption from all ad valorem taxation certain farming and agricultural implements; and for other purposes.
Referred to the Committee on Ways and Means.
THURSDAY, FEBRUARY 25, 1965
1023
HB 522. By Mr. DeVane of Schley:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Schley County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 523. By Messrs. Mauldin of Franklin and Blalock of Coweta:
A Bill to be entitled an Act to designate "perpetual care" and "no per petual care" cemeteries; to provide for a State Cemetery Board to ad minister this Act; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 524. By Messrs. Pope of Cherokee, Overby of Hall and Coker of Cherokee:
A Bill to be entitled an Act to be known as the "Georgia Vaccine Permit Act" to safeguard the public health and promote the public welfare; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 525. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry; and for other purposes.
Referred to the Committee on Welfare.
HB 526. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to redefine the word "production" as used in this Act; and for other purposes.
Referred to the Committee on Ways and Means.
HB 527. By Messrs. Clarke of Monroe, Smith of Lamar, Tucker of Henry and Woodward of Butts:
A Bill to be entitled an Act to amend an Act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for a contingent expense allowance for the solicitor-general of said Circuit to be paid by the counties composing said Circuit pro rata upon the basis of taxable property; and for other purposes.
Referred to the Committee on Judiciary.
1024
JOURNAL OF THE HOUSE,
HB 528. By Mr. Carr of Washington:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Washington County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 529. By Mr. Carr of Washington:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Washington, so as to provide for centralized purchasing; and for other purposes.
Referred to the Committee on Local Affairs.
HB 530. By Mr. Carr of Washington:
A Bill to be entitled an Act to abolish the present method of compen sating the clerk of the superior court of Washington County, known as the fee system:
Referred to the Committee on Local Affairs.
HB 531. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Georgia Insurance Code so as to provide authority for the establishment of separate investment ac counts by domestic life insurers for the funding of pension, retirement and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.
Referred to the Committee on Insurance.
HB 532. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to amend Chapter 25-1 of the Code of Geor gia of 1933, concerning the incorporation, organization and regulation of credit unions, so as to prescribe a new procedure for the incorporation of credit unions and for amending their charters and by laws and for the renewal of their charters; and for other purposes.
Referred to the Committee on Banks and Banking.
Mr. Shea of Chatham moved that the following Bill of the House be engrossed:
HB 533. By Messrs. Shea of Chatham, Fulford of Terrell, Jones and Pickard of Muscogee, Knight of Berrien, Smith of Camden, Dunwody and Laite of Bibb, Anderson of Pulaski and others:
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", so as to provide that municipalities and counties shall have the authority to
THURSDAY, FEBRUARY 25, 1965
1025
require every person, firm or corporation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount thereof; and for other purposes.
On the motion to engross, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Bowen, J. 0. Brackin Brown, M. P. Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Crowe Davis Dean DeLoach
DeVane
Dickinson
Dollar
Doster
Etheridge
Evans
Farrar
Flynt
Fulford
Gary
Grahl
Harrell
Harrington Harris, J. F. Harris, R. W. Henderson Herndon Howell Hudgins Hutchinson Jessup Johnson, B. Jones, C. M. Jordan, W. H. Kelly Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McKemie McRae
Melton
Mitchell
Mixon
Moate
Moore, J. H.
Murphy
NeSmith, J. D.
Newton, A. S.
Odom
Otwell
Page
Paris
Parker Perry Peterson Potts Reaves Richardson Rodgers, H. B. Ross Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Story Tabb Thomas
Thomason
Tidwell
Tucker, J. B.
Tucker, Ray M.
Underwood
Vaughn, C. R.
Vaughan, D. N.
Ware
Watson
Wells
White
Wright
Voting in the negative was Mr. W. M. Williams.
1026
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Abney Bagby Ballard Blair Blalock Bolton Bowen, R. L. Branch Brantley Brinkley Brooks, Geo. L. Brooks, Wilson Brown, Gene Carr Collins, M. Colwell Conger Conner Dailey Dixon Dorminy Duncan, A .C. Duncan, V. W. Dunwody Floyd Griffin Griffis Hale Hall Harris, J. R.
Holder Houston Hull Irvin Johnson, Dr. A. S. Jones, P. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lambert Lane Lewis, E. B. Lovett Lowrey Luke Maddox McClelland McCracken McDaniell Merritt Milhollin Minge Moore, Don C. Moses Nessmith, P. Newton, D. L. Oglesby
Overby Pafford Phillips, G. S. Phillips, L. L. Pickard Pope Poss Rainey Reid Rhodes Roberts Rogers, Jimmie Roper Shuman Simmons Simpson Smith, C. L. II Smith, V. T. Snow Steis Strickland Sweat Walker Watkins Wiggins Williams, G. J. Wilson Woodward Mr. Speaker
On the motion to engross, the ayes were 114, nays 1.
The motion prevailed and HB 533 was ordered engrossed, and referred to the Committee on Judiciary.
HB 534. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to any fraudulent scheme, device, means or method to avoid payment of the lawful price, charge or toll for telephone or telegraph communications, so as to make it unlawful for any person to avoid or attempt to avoid telephone or telegraph charges by the use of any fraudulent device; and for other purposes.
Referred to the Committee on Judiciary.
HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren, Mitchell of Whitfield, Anderson of Pulaski, Moore of Stephens, Leonard of Murray, Mil hollin of Coffee, Williams of Hall and many others:
A Bill to be entitled an Act to amend an Act known as the "Uniform
THURSDAY, FEBRUARY 25, 1965
1027
Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or municipality thereof, shall be distinctly painted, marked and lettered; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 536. 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, so as to authorize the commissioners of said city to sell and convey a certain tract of land; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Odom of Dougherty asked unanimous consent that the Rules be suspended in order that the following Bills of the House could be read for the first time and referred to the Committees:
The Consent was granted and the following Bills were read for the first time and referred to the Committee:
HB 559. By Messrs. Houston of Pierce and Murphy of Haralson:
A Bil to be entitled an Act to amend Code Section 22-1102, relating to where suits may be brought on contracts or for torts and how service may be effected, so as to provide that suits for damages for libel shall be deemed to have originated in the county of the residence of the person libeled provided the libelous matter was published and circulated in such county; and for other purposes.
Referred to the Commitee on Special Judiciary.
HB 560. By Messrs. Odom of Dougherty, Floyd of Chattooga, Grahl of Peach, Tidwell of Crawford, Savage of Macon and many others:
A Bill to be entitled an Act to amend Code Section 56-1303, relating to the tax imposed upon the gross direct premiums received by insurance companies in Georgia, so as to increase the tax upon certain insurance companies writing policies of fire insurance and related hazards to dwellings; 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:
1028
JOURNAL OF THE HOUSE,
HB 484. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes.
HB 485. By Mr. Jones of Bibb:
A Bill to be entitled an Act to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon; and for other purposes.
HR 201-485. By Mr. Griffis of Cook:
A Resloution authorizing the conveyance of a certain tract of stateowned property to Cook County; and for other purposes.
HB 486. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to repeal an Act controlling the erection and maintenance of outdoor advertising, signs, displays and devices adjacent to the National System of Interstate and Defense Highways in this State; and for other purposes.
HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; to change the method of filling vacancies in the office of councilmen; and for other purposes.
HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act known as the "Cooperative Marketing Act", so as to provide for the election of officers from and by others than Directors; and for other purposes.
HB 489. By Messrs. Blalock and Potts 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 salary allowance of the sheriff's deputies and jailers; and for other purposes.
THURSDAY, FEBRUARY 25, 1965
1029
HB 490. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend Code Section 58-608, relating to the crime of drunkenness on any public street or highway, so as to pro vide that the crime defined shall include any person who shall be or appear in an intoxicated condition in any motor vehicle parked on a public street or highway or right-of-way of any public street or highway; and for other purposes.
HB 491. By Messrs. Steis of Harris, Bedgood of Clarke, Griffis of Cook and Ware of Troup:
A Bill to be entitled an Act to implement the provisions of an amendment to Article VII, Section IV, Paragraph I of the Constitution; to authorize the governing authority of every county in this State to assess and col lect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in the unincorporated area of the county; to authorize the licensing and regulation of taxicabs and cabs for hire in the unincorporated area of a county; and for other purposes.
HB 492. By Messrs. Smith of Emanuel and Carr of Washington:
A Bill to be entitled an Act to amend an Act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Circuit, so as to increase the compensation provided therein; and for other purposes.
HB 493. By Mr. McKemie of Clay:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clay County, known as the fee system; and for other purposes.
HB 494. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Section 56-1310 of the Code of Georgia known as the Georgia Insurance Code, so as to provide that the license fees and taxes which municipalities are authorized to impose and collect upon insurance companies shall not apply to life insurance companies writing insurance exclusively through state education asso ciations for members of said associations; and for other purposes.
HB 495. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a State Em ployees' Retirement System, so as to change provisions providing credit able service for certain employees; and for other purposes.
1030
JOURNAL OF THE HOUSE,
HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, Vaughn of Rockdale, Dunwody of Bibb, Kelly of Jasper and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement; and for other purposes.
HB 497. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dale, Busbee of Dougherty, Brooks of Pulton and Matthews of Clarke:
A Bill to be entitled an Act to designate the Georgia Institute of Tech nology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; and for other purposes.
HB 498. By Messrs. Duncan, McDaniell and Jordan of Cobb and Russell of Thomas:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to remove the provision providing that the equalized adjusted school property tax digest of each independent school system be based on 133%% of the county equalized adjusted school property tax digest; and for other purposes.
HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes.
HB 500. By Mr. Bowen of DeKalb:
A Bill to be entitled an Act to create a non-profit public corporation to be known as "Metropolitan Atlanta Rapid Transit Corporation" for the purpose of authorizing the counties of Clayton, Cobb, DeKalb, Fulton, and Gwinnett to build, establish, operate, and administer a system of rapid transit for the transportation of passengers for hire in said coun ties; and for other purposes.
HR 206. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Resolution creating an interim study committee on traffic safety, and for other purposes.
SB 98. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act creating the Georgia Milk Commission and defining its duties, powers and membership and regu lating the sale of milk, and known as the "Milk Control Act", so as to
THURSDAY, FEBRUARY 25, 1965
1031
express the true original legislative intent of said Act of February 17, 1959, transferring said Milk Commission to the Department of Agricul ture; and for other purposes.
Mr. Thomas of Wayne asked unanimous consent that the House reconsider its action in passing the following Bill of the House:
HB 420. By Messrs. Herndon of Appling, Thomas of Wayne and others:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit, and for other purposes.
The consent was granted and the House has reconsidered.
Mr. Thomas of Wayne asked unanimous consent that the following Bill of the House be recommitted to the Committee on Local Affairs for further study:
HB 420. By Messrs. Herndon of Appling, Thomas of Wayne and others:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit, and for other purposes.
The consent was granted and HB 420 was recommitted to the Committee oh Local Affairs.
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 and Resolutions of the House to wit:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1965 and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes.
1032
JOURNAL OF THE HOUSE,
Mr. Jordan of Calhoun County, Chairman of the Committee on Game and Pish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish 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 384. Do Pass, as Amended.
Respectfully submitted, Jordan of Calhoun, Chairman.
Mr. Pope of Cherokee 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 404. Do Pass. HB 413. Do Pass.
Respectfully submitted, Pope of Cherokee, 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 65. Do Pass, as Amended.
Respectfully submitted, Conner of Jeff Davis, Chairman.
THURSDAY, FEBRUARY 25, 1965
1033
Mr. Harris of DeKalb County, Vice-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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 378. Do Pass, as Amended.
HB 452. Do Pass.
SB
28. Do Pass, as Amended.
HR 194-478. Do Pass, as Amended.
SB
76. Do Pass.
SB
4. Do Pass, by Substitute.
HB 325. Do Pass, by Substitute.
HB 341. Do Pass, by Substitute.
HB 414. Do Not Pass.
HB 418. Do Not Pass.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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 483. Do Pass, by Substitute. HB 462. Do Pass, as Amended. HB 450. Do Pass. HB 451. Do Pass. HB 454. Do Pass. HB 455. Do Pass. HB 457. Do Pass. HB 458. Do Pass.
1034
JOURNAL OF THE HOUSE,
HB 459. Do Pass. HB 460. Do Pass. HB 461. Do Pass. HB 464. Do Pass. HB 465. Do Pass. HB 466. Do Pass. HB 470. Do Pass. HB 476. Do Pass. HB 477. Do Pass. HB 481. Do Pass. HB 482. Do Pass. HB 493. Do Pass. HB 489. Do Pass. HB 442. Do Pass. HB 484. Do Pass. HB 487. Do Pass. HB 499. Do Pass. HR 193-475. Do Pass.
Respectfully submitted, Tucker of Catoosa, 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 376. Do Pass. HB 227. Do Pass, by Substitute.
Respectfully submitted, Williams of Hall, Chairman.
THURSDAY, FEBRUARY 25, 1965
1035
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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 130. Do Pass. HB 131. Do Pass. HB 132. Do Pass.
Respectfully submitted, Bolton of Spalding, 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 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 102. Do Pass. HB 29. Do Pass. HB 226. Do Pass, by Committee Substitute.
Respectfully submitted, Ware of Troup, Chairman.
Mr. Bagby of Paulding 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 134. Do Pass, by Substitute. HB 422. Do Pass.
Respectfully submitted, Bagby of Paulding, Chairman.
1036
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 451. By Mr. Paris of Barrow:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioner of Roads and Revenues for Barrow County, so as to change the compensation of the chairman of the board of commissioners of roads and revenues, and for other purposes.
The report 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 454. By Mr. Crowe of Worth:
A Bill to be entitled an Act to amend an Act relating to the establish ment of a Small Claims Court in certain counties, so as to change the qualifications of the 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.
THURSDAY, FEBRUARY 25, 1965
1037
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 455. By Mr. Brantley of Candler: A Bill to be entitled an Act to amend an Act establishing the City Court of Metter, so as to change the method of filling vacancies in the office of judge, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes ware 120, nays 0.
The Bill, having received the requisite constitutions majority, was passed.
HB 457. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to change the compensation of the 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 458. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to place the sheriff of Quitman County upon an annual salary, to provide an effective date, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1038
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 459. By Mr. Collins of Toombs:
A Bill to be entitled an Act to amend an Act creating the City Court of Lyons, so as to provide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of tw Bill, the ayes were 120, nays 0.
The Bil1; having received the requisite constitutional majority, was passed.
HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb:
A Bill to be entitled an Act creating a new charter for the City of Chamblee, and to authorize the Mayor and Council of the said munici pality 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 461. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta as set forth in the Act of the General Assembly, November 21, 1901, and for other purposes.
THURSDAY, FEBRUARY 25, 1965
1039
The report 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 464. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester, so a sto change the method and procedure of electing the board of commissioners for the City of Manchester, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said Town as a City, so as to 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 466. By Messrs. Gary and Lee of Clayton: A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to make provisions for the City of Riverdale governing authority to secure group insurance for the employees in the City of Riverdale, and for other purposes.
1040
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 470. By Mr. Thomas of Wayne:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Odum, so as to authorize the Mayor and Council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of Odum in and to a certain abandoned portion of Mershon Street, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 476. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the Charter of the City of Quitman, to reduce the number of City Comissioners from five to three, and for other purposes.
The report 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 477. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend the charter of the City of Quitman, to authorize the chairman of the board of commissioners to vote ori
THURSDAY, FEBRUARY 25, 1965
1041
any matter coming before the board when his vote will be decisive, and for other purposes.
The report 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 481. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collection of ad valorem taxes on all property for the ordinary current expenses of said city such tax as they may deem necessary 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 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 482. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Thomaston shall not be affected by the provisions of Code Sections 92-4101 through 92-4104, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1042
JOURNAL OP THE HOUSE,
HB 442. By Messrs. Ware and Spikes of Troup:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to exempt housing authorities of certain munici palities located in certain counties 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 ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 462. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, so as to change the form of government of the City of Cordele from a Commission and City Manager to a Mayor and Council, and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 462 as follows:
By striking from the third sentence of Section 2, quoted Section 4(a), the words "one year" as they appear between the words "least" and "immediately", and substituting in lieu thereof the words "nine months".
By striking from the first sentence of Section 13, quoted Section 14(a), the word "point" where it appears between the word "shall" and the word "one", and substituting in lieu thereof the word "appoint".
By striking Section 18 in its entirety and substituting in lieu thereof a new Section 18 to read as follows:
"Section 18. Said Act is further amended by striking in its entirety Section 34 and substituting in lieu thereof a new Section 34 to read as follows:
'Section 34. Be it further enacted that the mayor shall nomi nate for approval by all members of the city council, between the first and 15th day of January of each year, three tax assessors who shall hold office for one year and until their successors are elected and qualified. The mayor and council shall be authorized to fix the compensation of said tax assessors. Said tax assessors
THURSDAY, FEBRUARY 25, 1965
1043
shall not be elected from among the members of the city council and should any vacancy occur in the office of tax assessor by reason of death, resignation, removal or otherwise, such vacancy shall be filled in the same manner as prescribed herein for appointment and approval of the original tax assessors. Before entering upon the duties of office the tax assessors shall take and subscribe the following oath before some officer duly authorized to administer oaths: 'I do solemnly swear that I will faithfully perform the duties of tax assessor of the City of Cordele and will make a just and true evaluation of all property therein subject to taxation according to the fair market value thereof, so help me God.'"
By striking Section 19 in its entirety and substituting in lieu thereof a new Section 19 to read as follows:
"Section 19. Said Act is further amended by striking Section 35 in its entirety and substituting in lieu thereof a new Section 35 to read as follows:
'Section 35(a). It shall be the duty of the tax assessor to equalize and assess for taxation all property, both real and personal, within the corporate limits of the City of Cordele, subject to tax ation, except as otherwise provided by the laws of this State.
(b) The city tax assessors may, during the progress of their investigations, hear such evidence as to the value of the property of said city as they may deem advisable, and to this end may compel the attendance of witnesses, or the production of documents as now provided by the laws of Georgia. If any person is dissatisfied with the valuation of the property as fixed by the assessors, he shall have the right of appeal to a board of arbitrators and he may, within ten days of receiving the notice of assessment, in case of resident of the city, and in case of non-resident, twenty days, give notice to said tax assessors demanding an arbitration, giving the name of his arbitrator, and the tax assessors shall name their arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator and the decision of the said board of arbitrators shall be final. Said arbitrators shall be bona fide tax payers and voters of said City of Cordele and must render their decision within ten days after the naming by the tax assessors of their arbitrator; also a decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars ($2.00) per day while actually engaged in the discharge of their duties, which amount shall be taxed against the party losing in the arbitration, and in the event of a compromise by said arbitrators, said cost shall be taxed one-half against each party.
(c) It shall be the duty of said tax assessors to assess and place upon the tax digest of said city all real and personal property subject to taxation, which may be found by them to be unreturned, which assessment shall be doubled, as provided by law, in case of unreturned property. In all cases where the owner, or owners, of any such unreturned property shall be known to the assessors, they
1044
JOURNAL OF THE HOUSE,
shall be notified of such assessment, and shall have the same right as to arbitration, if dissatisfied with such assessment, as provided by law in cases of returned property. Said assessors shall also have the right, for good cause shown, to relieve the double tax im posed upon any such property; provided, in their discretion, the ends of justice will be met thereby. In all cases where the owner or owners of any unreturned property are unknown, said property shall be assessed as 'owner unknown', doubled in valuation, and placed upon the digest.' "
By striking Section 20 in its entirety and substituting in lieu there of a new Section 20 to read as follows:
"Section 20. Said Act is further amended by striking Section 30 in its entirety and substituting in lieu thereof a new Section 36 to read as follows:
'Section 36. Be it further enacted that immediately after the report of the tax assessors is filed with the mayor, it shall be the duty of the mayor to serve a written or printed notice on every person, the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the assessors' action and specifying the property, the valuation of which has been increased.'"
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 483. By Mr. Russell of Thomas:
A Bill to be entitled an Act to provide for the creation of fire protection districts in Thomas County, outside the corporate limits of any munici pality therein, and for other purposes.
The following Committee substitute was read and adopted:
Substitute for HB 483. A BILL
To be entitled an Act to create fire protection districts in Thomas County, Georgia, outside the corporate limits of any municipality there-
THURSDAY, FEBRUARY 25, 1965
1045
in; to authorize and empower the Commissioners of Roads and Revenues of Thomas County, Georgia, to levy tax upon the taxable property in such districts for fire protection purposes; to provide that the revenue from such tax shall be expended only in connection with the expenses of maintaining fire protection in the district from which said tax is collected; to authorize and empower the Commissioners of Roads and Revenues of Thomas County, Georgia, to contract for the furnishing of such fire protection services; to empower the Commissioners of Roads and Revenues of Thomas County, Georgia, to adopt and enforce fire protection regulations; to provide for a referendum in each of said fire protection districts; to provide that a majority of the qualified voters of each of said fire protection districts affected shall vote in favor of the furnishing of fire protection and the levying of a tax for said purpose before the provisions of this Act shall become effective in said fire protection district; to repeal conflicting laws; and for other pur poses :
BE IT ENACTED BY THE GENERALASSEMBLY OF GEORGIA:
Section 1. For the purpose of this Act, there are hereby created the following fire protection districts in Thomas County, Georgia, as provided for in Article VII, Section IV, Paragraph II of the Constitu tion of the State of Georgia:
Fire District No. 1: All those tracts, parcels or portions of land lying outside of the present City Limits of the City of Thomasville, Thomas County, Georgia, being in the 13th and 18th Land Districts of said county and embraced within the following described boundaries, to-wit:
BEGINNING at the northeast corner of original Land Lot No. 102 in the 13th Land District of Thomas County, Georgia, and run thence south along the original east lines of Land Lots Nos. 102, 101, and 100 to the southeast corner of said Land Lot No. 100; thence east along the original south line of Land Lot No. 131 to the southeast corner of said Land Lot; thence south along the original east line of Land Lot No. 132 to the south margin of U. S. 84; thence north 82 degrees 32 minutes west along the south margin of U. S. 84 to the northeast corner of the property of William C. and Lucille Tucker; thence south 19 degrees 15 minutes west along the land of William C. and Lucille Tucker and the lands of Carl J. and Cynthia G. Bozeman a distance of 2,268 feet to the original south line of said Land Lot No. 132; thence west along the original south lines of Land Lots Nos. 132 and 99 to the eastern margin of Re-located U. S. 19; thence southerly along the east margin of Re-located U. S. 19 to the original south line of Land Lot No. 98; thence west along the original south line of said Land Lot No. 98 to the southwest corner of said land lot; thence south along the original east line of Land Lot No. 88 to the southeast corner of said land lot; thence west along the original south lines of Land Lots Nos. 88, 51, 42 and 5 to the northeast margin of State Route No. 122; thence northwesterly along the northeastern margin of State Route No. 122 to the original north line of Land Lot No. 5; thence west along the original north line of Land Lot No. 5 to the original east line of
1046
JOURNAL OF THE HOUSE,
Land Lot No. 200 in the 18th Land District of Thomas County, Georgia; thence south along the original east line of said Land Lot No. 200 to the southeast corner of said land lot; thence west along the original south line of said Land Lot No. 200 to the southwest corner of said land lot; thence north along the original west lines of Land Lots Nos. 200, 161 and 160 to the northwest corner of said Land Lot No. 160; thence west along the original south line of Land Lot No. 122 to the southwest corner of said land lot; thence north along the original west lines of Land Lots Nos. 122, 119, 82, 79 and 42 to the Old Cassidy Road; thence in a general easterly direction along the Old Cassidy Road to the eastern margin of the right-of-way of the Atlantic Coast Line Railroad Company in Land Lot No. 36 of the 13th Land District of Thomas County, Georgia; thence southerly along the eastern margin of said railroad right-of-way to the original south line of said Land Lot No. 36; thence easterly along the original south lines of Land Lots Nos. 36, 57, 82 and 103 to the point of beginning.
Fire District No. 2: All those tracts, parcels or portions of land situate, lying and being in the 13th, 17th and 18th Land Districts of Thomas County, Geogia, lying outside the boundaries of Fire District No. 1 as hereinabove described and embraced within the following boundaries, to-wit:
BEGINNING at the northeast corner of Land Lot No. 80 in the 13th Land District of Thomas County, Georgia, and run thence south along the original east line of said land lot to the southeast corner of said Land Lot No. 80; thence east along the original north line of Land Lot No. 104 to the northeast corner of said land lot; thence south along the original east line of said Land Lot No. 104 to the southeast corner of said land lot; thence east along the original north line of Land Lot No. 128 to the northeast corner of said land lot; thence south along the original east lines of Land Lots Nos. 128 and 129 to the southeast corner of said Land Lot No. 129; thence east along the original north line of Land Lot No. 147 to the northeast corner of said land lot; thence south along the original east lines of Land Lots Nos. 147, 146, 145, 144 and 143 to the southeast corner of said Land Lot No. 143; thence west along the original south line of Land Lot No. 143 to the southwest corner of said land lot; thence east along the original east line of Land Lot No. 135 to the southeast corner of said land lot; thence west along the original south line of Land Lot No. 135 to the westerly margin of U. S. 19; thence southerly along the western margin of U. S. 19 24.38 chains to the land now owned by L. B. Harvard; thence westerly along the land of L. B. Harvard to the original east line of Land Lot No. 95; thence south along the original east line of Land Lot No. 95 to the southeast corner of said land lot; thence west along the original south line of Land Lot No. 95 to the northeast corner of Land Lot No. 91; thence south along the original east line of Land Lot No. 91 35 chains to the center of said land lot; thence west along the center of said Land Lot No. 91 to the westerly margin of Mill Pond Road; thence southerly along the western margin of Mill
Pond Road to the original south line of Land Lot No. 48; thence west along the south lines of Land Lots Nos. 48, 45 and 2 to the southwest corner of said Land Lot No. 2; thence north along the original west line of Land Lot No. 2 to the original south line of Land Lot No. 280 in the 18th Land District of Thomas County, Georgia; thence west
THURSDAY, FEBRUARY 25, 1965
1047
along the original south lines of said Land Lot No. 280 and Land Lot No. 279 to the northwest margin of the Spring Hill Road; thence south westerly along the northwest margin of the Spring Hill Road to the original south line of Land Lot No. 282; thence westerly along the original south line of Land Lot No. 282 to the southwest corner of said land lot; thence north along the original west lines of Land Lots Nos. 282 and 279 to the northwest corner of said Land Lot No. 279; thence west along the original south line of Land Lot No. 243 to the southwest corner of said land lot; thence north along the original west lines of Land Lots Nos. 243 and 238 to the northwest corner of said Land Lot No. 238; thence west along the original south line of Land Lot No. 204 to the southwest corner of said land lot; thence north along the original west line of Land Lot No. 204 to the northwest corner of said land lot; thence west along the original south line of Land Lot No. 196 to the southwest corner of said land lot; thence north along the original west lines of Land Lots Nos. 196, 165, 156, 125 and 116 to the Ochlochnee River; thence following the meanderings of the Ochlochnee River in a general northeasterly direction to the original north line of Land Lot No. 13 in the 13th Land District of Thomas County, Georgia; thence east along the original north lines of Land Lot Nos. 13, 34, 59 and 80 to the point of beginning.
Fire District No. 3: All of the lands not embraced within the boundaries of Fire Districts Nos. 1 and 2 as herein above described and not located within the city limits of any municipality in Thomas County, Georgia.
Section 2. The Commissioners of Roads and Revenues of Thomas County, Georgia, are hereby authorized to furnish fire protection to the fire protection districts herein described by contract with the City of Thomasville or any other municipality in Thomas County, Georgia.
Section 3. The Commissioners of Roads and Revenues of Thomas County, Georgia, are hereby authorized to adopt and enforce fire safety regulations for Thomas County outside any municipality therein.
Section 4. The Commissioners of Roads and Revenues of Thomas County, Georgia, are hereby authorized to levy a tax not to exceed 12 mills upon the taxable value of all property located within such fire districts to defray the cost of providing fire protection services within such districts.
Section 5. The Commissioners of Roads and Revenues of Thomas County, Georgia, shall expend said taxes collected in each fire district established herein only in connection with the expenses of maintaining fire protection in the district from which said tax is collected. Uniform ity of service of taxes among the different fire districts shall not be required.
Section 6. It shall be the duty of the ordinary of Thomas County to issue the call for an election for the purpose of submitting this Act to the voters of each of the fire districts herein described for approval or rejection, such election to be held during the calendar year 1965.
1048
JOURNAL OP THE HOUSE,
The ordinary shall issue the call for such election at least thirty days prior to the date thereof. 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 Thomas County. The ballot shall have written or printed thereon the words:
"For approval of the Act creating fire districts in Thomas County, and authorizing the governing authority to levy a tax for fire protection purposes.
"Against approval of the Act creating fire districts in Thomas County, and authorizing the governing authority to levy a tax for fire protection 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. The votes shall be tabulated separately for each respective fire district. If more than one-half of the votes cast in any fire district, as herein described, on such question, are for ap proval of the Act, the Act shall become of full force and effect in such fire district. Otherwise, it shall be void and of no force and effect in such fire district. The expense of such election shall be borne by Thomas County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws, rules and regulations as govern general elections except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, 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.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, and others:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, and for other purposes.
THURSDAY, FEBRUARY 25, 1965
1049
The following Senate substitute was read:
HB 25. (Committee Substitute)
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide for certain af fidavits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year be ginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed herein after for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage at the rate of lOc 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 Assembly as set by each such extraordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage al lowances as Members of the Senate and of the 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 Representa tives, as fixed by law, of the messengers and door keepers and other attaches of the Senate and House of Representatives, for the actual travel expenses of mem bers of legislative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws, National Con ference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other in-
1050
JOURNAL OP THE HOUSE,
cidental expenses and equipment for the General Assem bly, and the necessary cost of renovating and repairing the housing facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Sta tistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legis lative 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 general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, post age 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, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General Assembly is hereby construed 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 Article III, Section VII, Paragraph IX of the Constitution of Georgia. Pro vided further, the per diem allowance provided 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 receive an allowance based on the total per diem maintenance 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 dollars per diem, expense and mileage while performing such com
mittee duties.
1965-66 __.___...__.-.___-__,,..-__._----_--__----------$ 2,300,000.00 1966-67 .___._..,,......-...-.-.-.........__..._.._.,,-,,--..--..---? 2,300,000.00
JUDICIAL BRANCH
Section 2. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, including
THURSDAY, FEBRUARY 25, 1965
1051
salaries of justices and the employees of the Court, their retirement contributions and one Emeritus position. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $5,000.00 in each fiscal year shall be allocated for the payment of attorneys' fees and legal expenses for indigent de fendants in criminal cases on appeal as provided in Geor gia Laws 1953, Nov.-Dec. Sess., p. 478-479.
1965-66 __--_-______._______-----.___.._.
$
1966-67 ...__.__....____............._...._____-___________.__.______...-$
436,000.00 436,000.00
Section 3. Court of Appeals. For the cost of op erating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66 ...._____._.__________.........__-_______-_-.__.__...........__--___$ 560,168.00 1966-67 ...____________________----_____.____$ 567,935.00
Section 4. Superior Courts. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed appropriation shall be in creased by the amount of $10,667.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66 _-_--_______..__....._.--_--_--_--_--.._-___--$ 1,593,333.00 1966-67 _________._____.$ 1,593,333.00
Provided, that none of the above amount shall be expended for the purpose of paying any contingent expense allowance to Solicitors-General over and above the amount they were receiving on January 1, 1965.
Section 5. For the 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 transferred by the Budget Bureau to be used in the Book Fund of the State Library.
1965-66 .-_--__________........_-__-__--__---------__--_____._--------.$ 1966-67 ,,____.____________-_____.-..-..__----___..-....-..-.___--_-$
Section 6. Judicial Council.
1965-66 _____,,_______------$ 1966-67 _----___,,,,---------------$
35,000.00 35,000.00
-0-0-
1052
JOURNAL OP THE HOUSE,
EXECUTIVE BRANCH
Section 7. Agriculture, Department of.
(A) For the operation of all activities of the De partment including the operation of Farmers' Markets.
1965-66 _________.._.____.___------____.$ 5,960,000.00 1966-67 -_.__-__-_---_-_-_----__.._..._._.$ 5,838,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ......_......--..$3,458,521.00 $3,671,741.00
Operating Expenses .._.---_$2,535,329.00 $2,200,109.00
(B) Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market.
1965-66 -__-_._-_____.____________________________$ 650,000.00 1966-67 __----.........._.____--...-..-.-.__.----___.........-..-$ 650,000.00
Section 8. Art Commission, Georgia.
1965-66 _________._-_-_____--___-_-$ 1966-67 -_.-_.__--__._---_______---$
27,500.00 27,500.00
Provided, that no personnel shall be employed at a salary greater than $10,000.00.
Section 9. Audits, Department of.
1965-66 ______--____--___...--------____.-..__$ 550,000.00 1966-67 ...________----_-----.--------__$ 650,000.00
Section 10. Banking, Department of.
1965-66 __...__._------------_---__,,$ 381,000.00 1966-67 ..--...___.__....-.-_._--_--------_.-._------ $ 397,000.00
Section 11. Budget Bureau.
1965-66 _........_._.__.........._.----.__-_---...._...._.... $ 150,000.00 1966-67 ._....--___,,_,,------.,,.--___--$ 175,000.00
Section 12. Capitol Square Improvement Committee. (A) Operating Costs.
1965-66 ____.._...____--.___...__...._.__-.__.___----__.$ 150,000.00 1966-67 ............----_------..._._ --_--------_----.........._.$ 150,000.00
(B) For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other State Office Buildings and facilities--authority rentals.
1965-66 .______.-_........._......._...._......_.--.__..._._-. $ 2,677,752.87 1966-67 ............--._.._--_..._....._._-------..........----$ 2,677,752.87
Section 13. Industry and Trade, Department of.
THURSDAY, FEBRUARY 25, 1965
1053
(A) General operating costs, including Area De velopment Commission.
1965-66 ___..__.._--._--_.-__._...____...___...._..$ 2,100,000.00 1966-67 ______.._,,_..-.__-.-.-__.-..___.....__...._.-___..-_-...._-_.$ 2,100,000.00
(B) Capital Outlay--Authority Lease Rentals-- Annual lease payments to Georgia Ports Authority.
1965-66 ______...._-._--.___--_-__-...._._..__$ 1,505,000.00 1966-67 _,,.-..----.---$ 1,505,000.00
Section 14. Commission on Aging.
1965-66 _._._.._-_.._-______...__._.._.._.__._____$ 1966-67 ____-___-____--___--..________$
30,000.00 30,000.00
Section 15. Comptroller General. For the cost of op erating the office of the Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Com mission, and the Liquefied Petroleum Safety Act.
1965-66 _.__._.__--_-___..__--.._-___.___~__$ 1,068,111.00 1966-67 ______ ______.___.____,,_..__-$ 1,100,000.00
Section 16. Conservation.
A. Department of Forestry.
1965-66 _._._._____.____-___--_______.$ 3,200,000.00 1966-67 .___...___.__--____,,_____.-_..-____......,,..._--_-__--___$ 3,264,000.00
B. Forest Research Council.
1965-66 _______________________.__-____________.$ 320,000.00 1966-67 ._..__......__...__..__...._..____.____$ 320,000.00
C. Game and Fish Commission.
1965-66 ..._.______,,__.____________---_$ 1,828,000.00 1966-67 _____._..___.____.___._._.___.._-____-...__,,__..._----.__$ 1,900,000.00
D. Department of Mines, Mining and Geology in cluding Oil and Gas Commission.
1965-66 .____-___..-_..__.._-...-_-..___.--_-___----.$ 464,500.00 1966-67 ___._-.____._______.____-....___.....-_._..____...._-.____---$ 337,500.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ......_...__....__.f338,827.00 $314,937.00
Operating Expenses _...____..-$192,198.00 $ 64,088.00
E. Department of Parks.
(A) For general operation and development of State Parks.
1965-66 ____.-._-..-__-____._.___._..._..._--.....$ 995,000.00 1966-67 ___-__.______-___-_.__._.___$ 1,023,500.00
1054
JOURNAL OP THE HOUSE,
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Operating Expenses .__,.......-__....$425,619.00 $411,244.00
(B) Capital Outlay--Authority Rentals for State Parks Bonds.
1965-66 __--_.-___--_,,___----.___-_,,--__-__-__--___.$
1966-67 ...............
...^
266,000.00 266,000.00
(C) Capital Outlay -- Authority Rentals for pay ments to Stone Mountain Memorial Commission.
1965-66 1966-67
700,000.00 700,000.00
F. Soil and Water Conservation.
For the cost of operating the State Soil Conservation Committee.
1965-66 ._.-_--_.__._.____--_____________-___.$ 1966-67 -_---,,__,,--_-__,,._.._..-..-.-..-__-....-.-.-_,,.,,....$
400,000.00 400,000.00
Section 17. Corrections, State Board of.
(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System, except salaries for Physi cians.
1965-66 ......... .^. ........................... 4 4,750,000.00 1966-67 _._.-.-.-_-._,,_._.-......-____-_-----_.___-___-$ 4,892,000.00
Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary.
(B) Capital Outlay--Authority Rentals--
For authority lease contracts to State Penal Re habilitation Authority.
1965-66 .................... ........^^..........^^ 1966-67 ___-,,.___.______.__----------$
400,000.00 400,000.00
Section 18. State Board of Education--Department of Education.
(A) For matching vocational rehabilitation funds in cooperation 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 superintendents; for the operating costs of the Department; for educa tional grants, including the grants to teachers for Schol-
THURSDAY, FEBRUARY 25, 1965
1055
arships, as provided by law; and for any other expense authorized by law, payable from the common school funds.
1965-66 --_.___.----___--...--_-----------.$237,902,690.00 1966-67 .--------_...-----------.------..------------$256,035,968.00
Provided that the allocations to objects in the Budget
Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ........_----____....------ $ 8,808,933.00 $ 9,183,335.00
Operating Expenses: Regular-Other than Grants.--.--.-? 8,203,547.00 $ 8,547,164.00
Grants to School Systems-- Other than MPPE: Manpower Training ------------------$
714,500.00 $
714,500.00
Grants to Exceptional
Children .----------------------------$
-0-
-0-
Salaries of Public Librarians --__--.--$ 995,918.00 $ 1,044,799.00
Equalization Fund _________......._._____._----$
-0-
-0-
Contingency Fund _--------------_------$ 2,546,325.00 $ 2,794,003.00
Hardship Fund ........_...............__.....$ 2,651,249.00 $ 1,325,625.00
Grants to School Systems--MFPE Act
No. 523 (SB 180): Section 36-Alto Teachers _...-------- $
123,253.00 $
131,685.00
Section 11--Teachers' Salaries--..$151,005,614.00 $164,309,325.00
Section 12--Other Certificated Professional Personnel Salaries ..........................$ 24,737,635.00 $ 27,570,950.00
Assistance to State Impacted Areas $ -0-
-0-
Mid-term Adjustment __._.__----__------$ 2,509,547.00 $ 3,484,755.00
Superintendents' Salaries _.._____..--$ 1,459,519.00 $ 1,542,477.00
Maintenance, Operation and Sick Leave _--------_----------------$ 15,574,800.00 $ 15,828,100.00
School Library & Non-Consumable Teaching Materials ....------------$ 1,169,900.00 $ 1,306,600.00
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, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau
1056
JOURNAL OP THE HOUSE,
shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Noth ing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems.
Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians and guidance counselors. If funds appropriated are inadequate to finance fully Sec tion 12 of MFPE Act No. 523, reductions shall be pro rated equitably among those systems receiving increased allotments of certificated professional personnel sub sequent to the 1964-65 school year.
Contingency and Hardship Funds shall be alloca ted uniformly among school systems based upon the in creased financial cost to them caused (a) by the loss of equalization funds and (b) the change to an equalized adjusted school property Tax digest in determining the system's financial ability to raise school funds.
(B) Capital Outlay--Authority Lease Rentals.
1965-66 ---_----------$ 23,700,000.00
1966-67
---------.-$ 23,700,000.00
For capital outlay purposes of the State Board of Education, including the payment of obligations hereto fore incurred by said Board pursuant to contracts en tered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on con tracts securing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advis able for said Series 1953 Bonds to be refunded and addi tional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00.
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 $200,-
THURSDAY, FEBRUARY 25, 1965
1057
000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equip ment for the University System.
1965-66 --_-_-___-_-__-______-_-.____.$ 54,851,500.00 1966-67 -..-----.-..---.-.---........-.-.............I 63,753,000.00
Provided, that the above appropriations shall be in aditional to the funds realized by the respective units in each fiscal year from the Federal Government, dona tions, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds. 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 pro vision of the State Constitution, and shall, second, ap portion the remaining funds available to the various units to cover cost incident to the operation and develop ment 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 Govern ment, 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 $500,000.00 per annum.
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1966-67 Operating Expenses ____________-...,,.....,,..___.__.- -$17,434,000.00
(B) Eugene Talmadge Memorial Hospital -- State Board of Regents.
1965-66 ...__..-.._._..-_._._..__.--...._-...-........-.-_......$ 4,330,000.00
1966-67
,,_.._____.___._..__.___$ 4,735,000.00
1058
JOURNAL OF THE HOUSE,
(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.
1965-66 __ 1966-67 _____
150,000.00 150,000.00
Section 20. Teachers Retirement System.
For the State's contribution to the Teachers Retire ment Fund, including the cost of administration.
1965-66 -___________________.___.____.______$ 20,292,167.00 1966-67 ._.___________________---_-____--____.$ 22,461,044.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
State Matching Funds.____$20.028.094.00 $22,211,433.00
Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forth years for those members of the Teachers' Retirement System who retired on or before July 1, 1961.
Section 21. Education Improvement Council.
1965-66 ____________-_.______.___________-$ 1966-67 _._____________________________.$
50,000.00 50,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66 1966-67 Personal Services __________________$35,776.00 $37,323.00 Operating Expenses _______________$14.225.00 $12,677.00
Section 22. Higher Education Assistance Corpora tion.
1965-66 ____________________________-____-.$ 1966-67 ,,_,,__________-_-_____-_______-___---------------$
167,750.00 325,050.00
Section 23. State Scholarship Commission.
1965-66 ____.________.___________.,,_,,__._____$ 1966-67 ___________________________-___--_.______$
247,500.00 497,370.00
THURSDAY, FEBRUARY 25, 1965
Section 24. 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 Man sion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses.
1965-66 _.____....__._____.________________.$ 1966-67 ._____--_--_--_-_-_.____-__-......_..........._.____.$
1059
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.
1965-66 _________________________$ 1966-67 ____.___________.,,_____,,____________$
25,000.00 35,000.00
Section 25. Highway Department.
Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding years, less the amount of re funds, 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 immediate preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.
(A) General Operations--for general administra tive cost of operating the Highway Department, includ ing equipment and compensation claims.
1965-66 _._____-___-_---------.:--.-....._.-.-...._-._._..$ 5,800,000.00 1966-67 ____._,,._--$ 7,200,000.00
(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums neces sary to pay these rentals accrued under these contracts, executed or to be executed, as authorized by law, are
1060
JOURNAL OF THE HOUSE,
hereby appropriated as the first charge on all funds appropriated to the Highway Department.
1965-66 ___-__-_-__-__-_-__-___---__ $ 18,300,000.00 1966-67 ______.__._____.._____._______.___....________.._____._..$ 18,300,000.00
(C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance, and improving the State Highway System of roads and bridges, and the costs incident thereto (provided 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. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal statute of Federal-State 90-10 projects, the Budget Bu reau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway De partment.
Maintenance and Betterments --
1965-66 ________________________________.__.$ 21,416,800.00 1966-67 ______...__________._.______________..$ 21,759,544.00
Planning and Construction --
1965-66 __________________.__,,______________$ 47,483,200.00 1966-67 _____.____.________.._____.___.._._._____________.$ 48,240,456.00
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 construction and maintenance.
1965-66 .________.____________________________$ 4,817,013.03 1966-67 _______________._____.-________$ 4,817,013.03
THURSDAY, FEBRUARY 25, 1965
1061
(E) For grants to counties for aid in county road construction and maintenance.
1965-66 -__________.__,,.-___--..._-...-.-__._.__-_.__. $ 4,500,000.00 1966-67 ..._.__..__._.___..___.___,,.._.$ 4,500,000.00
Provided that the appropriations in D above shall be distributed 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 propor tional basis to each county as the proportion of each coun ty'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.
Provided further, that the governing authority of each county shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (D) and (E) above were used only for county road construc tion and maintenance.
(F) Grants to Municipalities -- For grants to municipalities in accordance with the law authorizing such grants.
1965-66 ___._____._____,,_____.___._________.__.,,.,,.______$ 6,000,000.00 1966-67 __________ ._..____._____.._-___,,__,,._____._____.__.__.._,,___.__._-_. $ 9,317,000.00
Provided, that the governing authority of each municipality shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (F) were used in accordance with the law authorizing such grants.
Section 26. Georgia Historical Commission.
1965-66 _____-__--_-_________..-__---.__$ 1966-67 ______-____..___--______.-_-__---__---$
346,000.00 410,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66 Operating Expenses __.__.._-______..._.______._.-_.____._____.$121,844.00
1966-67 $180,788.00
Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia.
Section 27. Jekyll Island Committee.
1965-66 _______________,,_..______.___.__,,_____._______.____.... $ 1966-67 ..-..._................-..__._-___-_-_--_-__-____-____.__--.-- $
650,000.00 650,000.00
1062
JOURNAL OF THE HOUSE,
With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to en ter into authority rental commitments for reconstruction, protection of beaches, and other capital outlay require ments.
Section 28. Labor, Department of.
(A) For the cost of operating the Commissioner's Office and Factory Inspection Division.
1965-66 _._-_.._,,_._.___.__-_._...___._-___._.$ 1966-67 _._----_____________________--------_.$
200,000.00 210,000.00
(B) For that part of cost of operations and Em ployment Security Agency as authorized by Act ap proved March 8, 1945.
1965-66 ____________-_____.______...: 1966-67 ___..-________..____...................I
216,050.00 216,050.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Training Allowances _.
1965-66
1966-67
..$1,310,500.00 $1,310,500.00
Section 29. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys 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 pur poses for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the At torney General of Georgia to perform specific items of legal work in connection with the acquisition of rightsof-way on the State road system.
1965-66 ____________ 1966-67 ...,,....._..
525,000.00 540,000.00
Section 30. Library, State.
1965-66 __.___.._.__ 1966-67 _-_-_-___-____
71,000.00 74,000.00
THURSDAY, FEBRUARY 25, 1965
1063
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Books for Library .____.__..$11,000.00 $11,000.00 Operating Expenses .___.___----_--___$11,049.00
Section 31. Literature Commission, State.
1965-66 --_--__--_____...._________-$ 1966-67 _.____.-___.________.-.-....-_-._._-.._-___..._._._....$
20,000.00 20,000.00
Section 32. Pardons and Paroles, State Board of
1965-66 ____________.___._....____._.__.$ 1966-67 ______________________......._________$
720,000.00 735,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ..-..___.....$515,000.00 $525,000.00
Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1965-66 .______.__.______._.__..__________,,_,,__.____,,._.$ 1966-67 ..-....-................-.-........-.-.....--...-....-.-.--..I
93,000.00 93,000.00
Section 34. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1965-66 .____._____.__.______.______.__.__..$ 1966-67 _______,,.______________---$
788,000.00 870,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
Personal Services ,,____--___..$560,000.00 Operating Expenses .,,,,_____-__--$228,000.00
1966-67
$617,600.00 $252,400.00
Section 35. Public Defense, Department of.
For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1965-66 ._._.__.._--___,,________________$ 1966-67 ___...__.___.____________.__.____-_.__.-_____---_-$
735,000.00 757,000.00
1064
JOURNAL OF THE HOUSE,
Section 36. Public Health, Department of. (A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of private hospitals.
1965-66 _---------,,-,,-- ..... ___..,,___..$ 9,225,000.00
1966-67
$ 9,625,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Operating Expenses ._____$30,954,608.00 $32,524,537.00
(B) Authority Rentals -- For annual cost of ac quiring Eugene Talmadge Memorial Hospital.
1965-66 ................... ...........^ ... ^
1966-67
.__._$
(C) For cost of operating the Alcoholic Rehabili tation Program.
1965-66 ---._---- --- ..__,,_$ 1966-67 ........................... ^
840,000.00 840,000.00
425,000.00 425,000.00
(D) Department of Public Health -- For the cost of operating the Battey State Hospital, including pre admission and post-discharge services.
1965-66 ____
...................... ^ 3,400,000.00
1966-67 ...................
^ 3,400,000.00
(E) Department of Public Health -- Georgia Men tal Health Institute. For the cost of operating the Mental Health Institute, including pre-admission and post-dis charge services.
1965-66 _-.._---_.------.-.._.._.__-..-._._.--..,,_-._..$ 2,250,000.00 1966-67 --_-.._,,.-..-..--- $ 2,500,000.00
(F) Department of Public Health -- Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-ad mission and post-discharge services.
1965-66 -_-____-_---__----$ 5,000,000.00
1966-67 _.-.__.._-...-........
.
$ 5,500,000.00
(G) Department of Public Health -- Milledgeville State Hospital. For the cost of operating the Milledgeville State Hospital, including pre-admission and post-dis charge services.
1965-66 --._,,__-.______-__-----_.__,,................._._.-$ 19,000,000.00 1966-67 ..................................... 4 20,500,000.00
THURSDAY, FEBRUARY 25, 1965
1065
Provided, however, that when patients are trans ferred from Milledgeville State Hospital to nursing home care, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Department of Family and Children Services which will defray the cost of the State's share of nursing home payments and administrative grants to county departments entailed by said transfer.
(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.
1965-66 ._____________________-_._-._______-. $ 2,000,000.00 1966-67 ----_.- -------,,-----------$ 2,000,000.00
(I) Mental Retardation Institute. For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equip ment.
1965-66 ---------------- -------___._.__.__,,_.._$ 1966-67 ---__.__-______..___..___--__--_______._._.__--$
85,000.00 400,000.00
(J) Division for Water Quality Control
1965-66 ---___________--_-------_---------$ 1966-67 _________________ .---_________$
75,000.00 100,000.00
(K) Capital Outlay -- Authority Lease Rentals -- Mental Health Construction. For the cost of paying lease rentals to State Hospital Authority, covering construc tion of mental health and mental retardation facilities.
1965-66 ____-._.________._._---__-___--________.-.___--$ 2,065,000.00 1966-67 _.___________$ 2,065,000.00
Section 37. Public Safety, Department of.
1965-66 ______________________________.._______________? 7,406,584.00
1966-67
___._._._- ---- _.____$ 8,142,341.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
Personal Services ___._____.__$4,917,566.00 Operating Expenses ____$2,432,018.00
1966-67
$5,413,570.00 $2,696,771.00
1066
JOURNAL OF THE HOUSE,
Section 38. Public Service Commission.
For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1965-66 ______________.__----_____.._.$ 1966-67 ..........^....................................... 4
500,000.00 510,000.00
Section 39. Public Welfare, Department of Family & Children Services -- Operations -- State.
(A) For the cost of operations of the State Welfare Programs.
1965-66 _____..----------.____...__.__.__._.$ 1,654,000.00 1966-67 .............__.._---------------.$ 1,966,000.00
(B) Grants for administration and services -- counties.
For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs.
1965-66 ._.__._.__._._----.__...__._..._......$ 3,529,000.00 1966-67 ..._..____.............___............--_........._.--_......$ 3,960,000.00
(C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently dis abled and dependent children, and for children and youth care, all as authorized by law.
1965-66 --_____.._..._._._-____.__.._._..-$ 21,342,000.00 1966-67 ..__._....__.-.-.......-.___._..-...-.-._-._.-......-.--$ 24,013,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
Personal Expenses ----$ 2,167,900.00 Operating Expenses _. $120,241,600.00
1966-67
$ 2,444,000.00 $132,952,900.00
Provided further, that in the event any funds appro priated in this Section to Subsections (A), (B) and (C), are not needed by the Department of Family and Chil dren Services by virtue of an increase in the applicable Federal matching funds provided by the Federal Gov ernment to any such program, then of such funds so freed, a sum up to $1,000,000.00 is hereby appropri ated to the implementation of the Medical Assistance For The Aged Program in fiscal year 1965-66, and of such funds so appropriated $38,000.00 is hereby allocated to the purposes specified in Subsection (A) of this Sec-
THURSDAY, FEBRUARY 25, 1965
1067
tion, $180,000.00 is hereby allocated to the purposes speci fied in Subsection (B) of this Section, and the balance is hereby allocated to the purposes specified in Subsec tion (C) of this Section.
(D) Institutions. For the cost of operation of the training schools and other institutions under the admini stration of the Department of Family and Children Serv ices.
1965-66 --_-________._____________.-$ 3,594,000.00 1966-67 ___________-___.___.________________....--.$ 3,834,000.00
Provided that the allocation to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services _________._____._____.$2,418,000.00 Operating Expenses ._________-__.....$2,256,000.00
Section 40. Purchases, Supervisor of.
1965-66 _-____,,._.________________---.-.---$ 1966-67 -..------.-,,--.--------..--..----$
295,000.00 305,000.00
Section 41. Recreation Commission.
1965-66 -__..........................__________________$ 1966-67 ___.-__-_-.._..._.___-____-_.__.-_-...__.-..--____._----$
60,000.00 60,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
Personal Services ......._..............$36,000.00 Operating Expenses .__________$24,000.00
1966-67
$38,000.00 $22,000.00
Section 42. Revenue, Department of.
(A) For cost of operating the Department of Reve nue.
1965-66 ............._______________._________-___---_.$ 8,750,000.00 1966-67 ____.________-_-__-_____________.__-__-___.____.________-_-----$ 8,950,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ...----...$5,523,000.00 $5,703,000.00
(B) Grants to counties -- Tax re-evaluation.
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for
1068
JOURNAL OF THE HOUSE,
assisting counties in financing tax re-evaluation studies.
1965-66 _______________________..__._.._..._.._...._$ 1966-67 ___,,_____._._______._____..__-_________________ .___$
100,000.00 100,000.00
(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 purposes as origin ally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be avail able for further tax evaluation loans to counties.
Section 43. Science and Technology Commission.
1965-66 _-_._.__._.___________________$ 1966-67 _________________._______.._________.____________$
40,600.00 40,600.00
Section 44. Secretary of State.
(A) Combined Divisions.
For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1965-66 _______________________________..._-_.____-___f 1966-67 .............. _____._______________|
553,800.00 569,000.00
Provided, however, that $75,000.00 of such funds for each fiscal year shall be used for implementation of the Georgia Administrative Procedures Act.
(B) Examining Boards.
1965-66 ________________________-._,,_-_-..__.._$ 1966-67 ______..__.__..__.__..__..,,.___._______.___..__-.__-____-.____.$
554,000.00 564,000.00
(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 Building Authority for the State Archives Building in amount of $815,000.00 per annum.
1965-66 ._._-____-_______-___--_.________-____-__$ 1966-67 ......................................... ..^
1,181,000.00 1,192,000.00
(D) Buildings and Grounds.
For the cost of operating the State Capitol Building grounds, the maintenance of Confederate cemeteries, the
THURSDAY, FEBRUARY 25, 1965
1069
repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion, and for insurance on public property not otherwise provided for.
1965-66 --____________...____-_..___------------.$ 1966-67 -._.______________.$
435,000.00 450,000.00
(E) Special repairs -- Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1965-66 ___--_ ....__._..____------,,_------._.$ 1966-67 ___.._..__________._.. ______._-___-_._------_____.----$
100,000.00 100,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read Sa follows:
1965-66 Personal Services __------$1,142,389.00 Operating Expenses _ ------$ 781,411.00
1966-67 $1,248,743.00 $ 726,257.00
Section 45. Stone Mountain Memorial Committee.
For operating costs including costs of improvement's by convict labor.
1965-66 -______________________________________,,._$ 1966-67 -._--__-._.__._______-__--.------------------_--_$
400,000.00 400,000.00
Section 46. Treasury, State.
For operation of State Treasury including Bond Commissioner.
1965-66 -______________.___---__--_? 1966-67 --_-.----------________._,,____$
' ii
122,500.00 122,500.00
Section 47. Veterans Service.
(A) For the cost of operating the Department of Veterans Service.
1965-66 ____-_________________-_---$ 1966-67 -,,._____----__-_------__-___-.____--_---------$
869,000.00 900,000.00
(B) For the cost of operating the Veterans Service Board, Veterans Home.
1965-66 ____-._----___--_---------------$ 1966-67 .-.._____.___.--___,,__-----------------$
346,750.00 346,750.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66 Payments to Veterans' Home ._?661,472.00
1966-67 $660,236.00
1070
JOURNAL OF THE HOUSE,
(C) For the cost of pensions to Confederate. Widows.
1965-66 ---------------------_--------- $ 1966-67 __---------_-__-___.--------------$
100,000.00 90,000.00
Section 48. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1965-66 ----_--. --------__--_----_--_----__.. $ 1966-67 ..--------------------------------$
512,676.00 526,737.00
Section 49. Governor's Emergency Fund.
There is hereby appropriated as a General Emergen cy Fund for *neeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine re quires expenditure of any part of the said fund. Expendi ture? from this fund shall be made in accordance with other provisions of State law and the Constitution.
1965-66 ___-__----__-__--___--_--.$ 2,000,000.00
1966-67 ..................................... ..^ 2,000,000.00
Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies col lected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale dis tributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as autho rized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale dis tributor being engaged in retailing gasoline.
Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Con stitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Ap propriation Act between any department, agency or in stitution of the State, and any Authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full and
THURSDAY, FEBRUARY 25, 1965
1071
if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums here by appropriated are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the General Funds of the State as a first charge upon general funds.
Section 52. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommenda tion contained in the Budget Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 inclusive, except as otherwise speci fied 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, to gether with an explanation of the reason therefor, shall be reported, in writing, to the Chairmen and Vice-Chair men 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 recommenda
tion 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. Pro vided that none of the funds appropriated above may be
used to initiate or commence any new program or proj ect that would require operating funds or capital out
lay funds beyond the 1965 to 1967 biennium, unless such program or project shall have been specifically au
thorized by the General Assembly.
Section 53. In the event it is determined by the Bud get 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 appropria tions 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, ex cept authority lease rental funds and other constitu tionally obligated funds, as provided by Georgia Code Sec tion 40-418 (Ga. Laws 1962, p. 17).
1072
JOURNAL OF THE HOUSE,
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 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 1965-66 ..$587,679,744.90
TOTAL APPROPRIATION 1966-67 ..$630,260,143.90
Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bolton of Spalding moved that the House disagree to the Senate sub stitute.
The motion prevailed and the House disagreed to the Senate substitute to HB 25.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 68-117. By Mr. Caldwell of Upson: A Resolution compensating Jack Donald Grogan, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 68-117 by removing the figures $650.00 and inserting in lieu thereof the figures $321.90.
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.:
Acree Arnsdorff Bagby
Barber Beck Bedgood
Blalock Bolton Bowen, J. 0.
THURSDAY, FEBRUARY 25, 1965
1073
Brackin Branch Brantley Brinkley Brown, Gena Brown, M. P. Busbee Bynum Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Davis DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Herndon Holder Howell Hudgins Hutchinson Jessup Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Merritt Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odoni Oglesby Otwell
Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Reid Ross Rowland Rush Russell Savage Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Story Tabh Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Williams, W. M. Wright
Those not voting were Messrs.:
Abney
Alien
Anderson
Balkcom
Ballard
Black
Blair
;
Bowen, R. L.
Brooks, Geo. B.
Brooks, Wilson
Byrd Clark, J. T. Conger Conner Dailey Dean Dixon Dollar Dorminy Etheridge
Fulfordi Griffin Hall Houston Hull Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Knight, D. W.
1074
JOURNAL OF THE HOUSE,
Knight, W. D. Lambert Looper Lovett Luke Marshall Matthews, D. R. McClelland McCracken Melton Milhollin Minge Moore, J. H. Nessmith, P. Newton, D. L. Pope
Poss Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Sewell Shea Shuman Simmons Singer Smith, A. B. Smith, G. L. II
Smith, V. T. Snow Strickland Sweat Thomas Tucker, J. B. . Vaughn, C. R. Walker Wells White Wiggins Williams, G. J. Wilson Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted as amended.
HR 78-120. By Mr. Bagby of Paulding: A Resolution to compensate Mrs. Emma C. Couch, and for other pur poses.
The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 78-120 by re
moving the figures $3,003.11 and inserting in lieu thereof the figures $1,354.14.
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.:
Acree Arnsdorff Bagby
Barber Beck Bedgood
Blalock Bolton Bowen, J. O.
THURSDAY, FEBRUARY 25, 1965
1075
Brackin Branch Brantley Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell Carr, Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson,
Herndon Holder Howell Hudgins Hutchinson Jessup Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Merritt Mitchell Mixon Mo ate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom. Ogleshy Otwell
Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Reid Ross Rowland Rush Russell Savage Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Story Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Williams, W. M. Wright
Those not voting were Messrs.:
Abney Alien Anderson Balkcom
Ballard Black Blair Bowen, R. L. Brooks, Geo. B. Brooks, Wilson
Byrd Clark, J. T. Conger Conner Dailey Dean Dixon Dollar Dorminy Etheridge
Fulford Griffin Hall Houston Hull Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Knight, D. W.
1076
Knight, W. D. Lambert Looper Lovett Luke Marshall Matthews, D. R. McClelland McCracken Melton Milhollin Minge Moore, J. H. Nessmith, P. Newton, D. L. Pope
JOURNAL OF THE HOUSE,
Poss Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Sewell Shea Shuman Simmons Singer Smith, A. B. Smith, G. L. II
Smith, V. T. Snow Strickland Sweat Thomas Tucker, J. B. Vaughn, C. R. Walker Wells White Wiggins Williams, G. J. Wilson Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 80-120. By Mr. Abney of Walker: A Resolution to compensate Mr. Paul E. Phillips, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 80-120 by removing the figures $80.00 and inserting in lieu thereof the figures $65.50.
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.:
Acree Arnsdorff Bagby Barber
Beck Bedgood Blalock Bolton
Bowen, J. O. Brackin Branch Brantley
THURSDAY, FEBRUARY 25, 1965
1077
Brinkley Brown, Gene Brown, M. P. Busbee. Bynum Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Davis DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
Howell Hudgins Hutchinson Jessup Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Merritt Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby
Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Potts Reid
Rowland Rush Russell Savage Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Story Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Williams, W. M. Wright
Those not voting were Messrs.:
Abney Alien Anderson Balkcom Ballard Black Blair Bowen, R. L. Brooke, Geo. B. Brooks, Wilson Byrd Clark, J. T. Conger
Conner Dailey Dean Dixon Dollar Dorminy Etheridge Fulford Griffin Hall Houston Hull Irvin
Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Knight, D. W. Knight, W. D. Lambert Looper Lovett Luke Marshall Matthews, D. R. McClelland McCracken
1078
Melton Milhollin Minge Moore, J. H. Nessmith, P. Newton, D. L. Pope Poss Rainey Reaves Rhodes Richardson Roberts
JOURNAL OP THE HOUSE,
Rodgers, H. B. Rogers, Jimmie Roper Sewell Shea Shuman Simmons Singer Smith, A. B. Smith, G. L. II Smith, V. T. Snow Strickland
Sweat Thomas Tucker, J. B. Vaughn, C. R. Walker Wells White Wiggins Williams, G. J. Wilson Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 161-313. By Mr. DeLoach of Echols:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Echols County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Echols County in the State of Georgia to be known as the Echols County Development Authority, which shall be an instrumentality of Echols County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Board of Com missioners of Roads and Revenues of Echols County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be
THURSDAY, FEBRUARY 25, 1965
1079
appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Roads and Revenues of Echols County. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Membership on the Board of Commissioners of Roads and Revenues of Echols County shall not prohibit any such member from being appointed to the Authority. Membership on the Au thority will not disqualify any person to hold any public office.
"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 Echols County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, accept and give options upon, develop, im prove, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Echols County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operat ing or proposing to operate any industrial plant or establishment within Echols County. The provisions of this clause shall not be construed to limit any other power of the Authority;
"(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To issue revenue anticipation certificates of bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the pro visions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;
"(6) To contract with Echols County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;
1080
JOURNAL OP THE HOUSE,
"(7) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(8) To encourage and promote the expansion and develop ment of industrial, agricultural, recreational and trade facilities in Echols County, and to make longrange plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or struc ture within the limits of Echols County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, 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 con struction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expan sions of new or existing facilities may be made through the use of such funds.
"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Board of Commissioners of Roads and Revenues of Echols County;
"(10) 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;
"(11) To designate officers to sign and act for the Authority generally or in any specific matter;
"(12) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Echols County, nor the State of Georgia;
"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in per formance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when
THURSDAY, FEBRUARY 25, 1965
1031
in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be au thorized by the Board of Commissioners of Roads and Revenues of Echols County but such compensation shall be paid from funds of the Authority;
"H. The governing authority of Echols County is hereby au thorized to levy an annual tax in an amount to be determined by such governing authority, but in no event shall such tax exceed three (3) mills on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Echols County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. Echols County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total receipts from business licenses for the year, and any funds so ap propriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter de fined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Echols County and its citizens, industry, agriculture, trade, commerce and recrea tion within Echols County, and making of long-range plans for such development and expanision and to authorize the use of public funds of Echols County for such purposes, and this amend ment and any laws enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Echols County, and the scope of its operations shall be limited to the territory em-
1082
JOURNAL OF THE HOUSE,
braced within Echols County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its opera tions beyond the limits of Echols County;
"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Echols County, nor the State of Georgia;
"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Echols County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;
"0. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Echols County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equip ment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or as sociations for such purposes.
(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or in cident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.
"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."
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
THURSDAY, FEBRUARY 25, 1965
1083
branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The Ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the
NO ( ) Echols County Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 Committee on Local Affairs moves to amend HR 161-313 by adding to the end of Section "c" the following:
"and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard
Barber Beck Bedgood Black Blair Blalock Bolton
Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson
1084
JOURNAL OF THE HOUSE,
Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dean DeVane Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Ployd Fulford Grahl Griffis Hale Harrington Harris, J. P. Henderson Herndon Holder Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M.
Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope
Poss Potts Reaves Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Balkcom Bowen, R. L. Bynum Caldwell Chandler Conner
Dailey Davis Deloach Doster Etheridge Flynt
Gary Griffin Hall Harrell Harris, J. R. Harris, R. W.
THURSDAY, FEBRUARY 25, 1965
1085
Houston Howell Hull Jones, C. M. Jordan, W. H. Kelly Lambert Lane Lee, W. J. (Bill) Lewis, P. B. Lovett
Lowrey Marshall McClelland McKemie Minge Mitchell Pafford Rainey Roberts Rodgers, H. B. Roper
Shuman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Story Strickland Tabb Watson Wilson Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted, as amended.
HR 170-372. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port De velopment Commission; to define the powers, authority, funds, and other matters connected with the functioning of said Commission; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA AS FOLLOWS:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:
"A. The County of Muscogee is authorized to create a Development of said County to be known as The Columbus-Muscogee Coun ty Port Development Commission and to provide for its powers and functions. Said Commission is to aid and assist in the promotion and establishing of new industries and the expan sion of agriculture, trade and commerce, and recreation in connection with the development of the navigable Chattahoochee River. The County of Muscogee may appropriate to the Commission determined amounts from its funds, and any funds transferred to the Commission shall be used by the Commis sion in accordance with its powers and purposes as defined herein.
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JOURNAL OP THE HOUSE,
"B. This amendment is adopted with the purpose of promoting and expanding for the public good and welfare of Muscogee Coun ty and its citizens, industry, agriculture, trade, commerce and recreation within the County of Muscogee and making a long range plan for such development and expansion of the naviga ble Chattahoochee River and in furtherance thereof the Coun ty of Muscogee is authorized to create a body politic in Mus cogee County to be known as the Columbus-Muscogee County Port Development Commission.
"C. The Commission shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members of the Commission shall be elected by majority of the governing body of Muscogee County. The first members shall be elected for terms of one, two, three, four and five years, and, thereafter, their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said governing body. A ma jority of the members shall constitute a quorum and a majority may act for the Commission in any matter. No vacancy shall impair the power of the Commission to act.
"D. The property, obligations and the interest on the obligations of the Commission shall have the same immunity from taxation as the property, obligations and interest on the obligations of Muscogee County.
"E. The powers of the Commission shall include but not be limited to the following:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, build ings and property of all kinds within the limits of Mus cogee County.
(2) To receive and administer gifts, grants and donations and to administer trusts.
(3) To grant, loan and lease any of its property to private persons and corporations contracting to operate any in dustrial plant or establishment within Muscogee County which in the judgment of the Commission will be of bene fit to the people of said County, and in aid of the port development of the Chattahoochee River. The provisions
of this clause shall not be construed to limit any other
powers of the Commission.
(4) To borrow money and to issue notes, bonds and revenue bonds and certificates therefor and to sell, convey, mort gage, pledge and assign any and all of its funds, property and income as security therefor.
THURSDAY, FEBRUARY 25, 1965
1087
(5) To contract with other political subdivisions and with private persons and corporations, and to sue and be sued in its corporate name.
(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, in cluding 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 Commission, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Commission.
(7) To encourage and promote the expansion of industry, agri culture, trade and commerce in Muscogee County, for the development of the navigable Chattahoochee River and to make long range plans therefor.
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(9) To designate officers to sign and act for the Commission generally or in any specific matter.
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Commission as herein stated.
"F. The Commission shall not be authorized to create in any man ner any debt, liability or obligations against the State of Geor gia or Muscogee County except to the extent and in the man ner as to said County as herein set forth.
"G. The Commission shall have the same immunity and exemption from liability for torts and negligence as the County of Mus cogee and State of Georgia and the officers, agents and em ployees of the Commission, when in performance of the work of the Commission, shall have the same immunity and exemp tion from liability for torts and negligence as the officers, agents and employees of Muscogee County and the State of Georgia when in performance of their public duties or work of the County or State. The commission may be sued the same as private corporations on any contractual obligation of the Commission.
"H. The members of the Commission shall receive no compensa tion for their services to the Commission.
"I. The Commission with the consent of the Commissioners of Roads and Revenues of Muscogee County is hereby authorized
1088
JOURNAL OF THE HOUSE,
to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Commission from whatever sources received in cluding appropriations of public funds made to it. Such Reve nue Bonds may be authorized by resolution of the ColumbusMuscogee County Port Development Commission which may be adopted at a regular or special meeting by a majority vote of the members of said Commission. Said Commission in deter mining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as interest, engineering, inspection, fiscal, and legal expenses, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and con ditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Commission are hereby declared to be non-taxable for any and all purposes. The governing body of Muscogee Coun ty by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and must approve the issuance of Revenue Bonds by the Columbus-Muscogee County Port Development Commission before issuance of the same. Such Bonds issued by the said Commission shall be validated in the Superior Court of Muscogee County in the same manner as revenue bonds are validated as provided by laws of the State of Georgia then in effect, and in the pro ceedings to validate such bonds, both the Columbus-Muscogee County Port Development Commission and the Commissioners of Roads and Revenues of Muscogee County shall be named as parties defendant.
"J. The property of the Commission shall not be subject to levy and sale under legal process except such property, income, funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Commission, and any such property, funds or income may be sold under legal process or under any power granted by the Commission to enforce payment of the obligation.
"K. This amendment and any law enacted with reference to the Commission, shall be liberally construed for the accomplish ment of the purposes herein stated.
"L. This amendment shall be effective immediately upon proclama tion of its ratification by the Governor and may be acted upon by Muscogee County at any time thereafter.
"M. This amendment is self-enacting and does not require any en abling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the Commission and the exercise thereof, and may enlarge and restrict the same, and may like wise further regulate the management and conduct of the Commission not inconsistent with the provisions of this amend-
THURSDAY, FEBRUARY 25, 1965
1089
ment. The Commission shall be an instrumentality of Muscogee County, and the scope of its operation shall be limited to the territory embraced within said County.
"N. There shall be no limitation upon the amount of debt which the Commission may incur, but no debt created by the Com mission shall be construed as a debt of Muscogee County.
"0. Said Commission is created for a public purpose and will be performing an essential governmental function. The Commis sion shall be required to pay no ad valorem taxes or assess ments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its ac tivities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the Commission, and that the bonds of the Commission, their transfer, and the income therefrom shall at all times be exempt from taxation within the State.
"P. Without limiting the powers of the Commission hereinbefore set forth, the Commission shall have the following powers:
(1) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, by purchase, or by condemnation in accordance with and subject to the provision of any and all existing laws ap plicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall con tinue and to lease or make contracts with the respect to the use of or dispose of the same in any manner as it deems to the best advantage of the Commission, the Com mission being under no obligation to accept and pay for any property condemned except from the funds provided under this Constitutional amendment, and in any pro ceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Commission and to the owner or owners of the property to be condemned; provided, how ever, that the exercise of such condemnation by the Com mission shall be only for the public purpose of the Port Development of the navigable Chattahoochee River on lands immediately, or approximately, adjacent to said navigable Chattahoochee River, and provided, further, that no condemnation petition shall be filed in any court unless there is attached thereto a resolution of the governing authority of Muscogee County assenting to the filing of the condemnation petition.
(2) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as herein defined, to be located on property
1090
JOURNAL OF THE HOUSE,
owned or leased by the Commission, the cost of any such project to be paid fully from proceeds or revenue bonds of the Commission or from such proceeds and any grants of the United States of America or any agency or instru mentality or legal subdivision thereof; or any other public or private body.
(3) 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 or legal subdivision thereof, upon such terms and conditions as the United States of America or such agency or instrumentali ty, may impose.
(4) To acquire, construct, equip, develop, and improve any harbor or port, or port facility, in Muscogee County, Geor gia.
(5) To foster and stimulate the shipment of freight and com merce through said port whether originating within or without this State, including, in furtherance thereof, the acquiring, constructing, equipping, maintaining, develop ing and improving of industrial and recreational areas immediately, or approximately, adjacent to said harbors or ports in Muscogee County, Georgia.
SECTION 2
Be it further enacted by the authorities aforesaid that when this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two houses, it shall be entered on their journals with the "Ayes" and "Nays" taken thereon, and shall be published in one or more newspapers in the County of Muscogee, at least four times in the two months previous to the time of the holding the next general election, and shall be submitted to the people of Muscogee County in the next general election. All persons voting in said election shall have the opportunity of voting "Yes" or "No" to the question: Shall the Con stitution be amended so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission and to de fine the powers, authority, funds and other matters connected with the functioning of said Commission? If a majority of the electors of Mus cogee County qualified to vote for the members of the General Assembly, voting thereon, shall vote for election thereof, when the returns thereof shall be computed as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HE 170-372 by adding to the end of Section "d" the following:
THURSDAY, FEBRUARY 25, 1965
1091
"The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for
use by the Authority."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean DeVane Dickinson
Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Grahl Griffis Hale Harrington Harris, J. F. Henderson Herndon Holder Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Luke Maddox
Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Melton Merritt Milhollin Mixon
Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes
1092
JOURNAL OP THE HOUSE,
Richardson Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simmons Simpson Singer Smith, Chas. C.
Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Balkcom Bowen, R. L. Bynum Caldwell Chandler Conner Dailey Davis DeLoach Doster Etheridge Flynt Gary Griffin Hall Harfell Harris, J. R.
Harris, R. W. Houston Howell Hull Jones, C. M. Jordan, W. H. Kelly Lambert Lane Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Marshall McClelland McKemie Minge
Mitchell Pafford Rainey Roberts Rodgers, H. B. Roper Shuman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Story Strickland Tabb Watson Wilson Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted, as amended.
HR 193-475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for education purposes; 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:
THURSDAY, FEBRUARY 25, 1965
1093
SECTION 1
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Without regard to any limitations or restrictions imposed by this Constitution, the governing authority of the City of Marietta is hereby authorized to create bonded indebtedness from time to time for the support of education and educational facilities within said city. The funds derived from the issuance of such bonds may be expended for all educational purposes, including but not limited to: (1) the repair, expansion and maintenance of any existing edu cational facilities: (2) the acquisition of property for new educa tional facilities; (3) the construction and maintenance of new edu cational facilities; (4) the payment of salaries or other types of compensation for teachers, administrative personnel, and other per sonnel who are now or may hereafter be employed by the Board of Education of the City of Marietta.
The bonds herein authorized shall bear the rate or rates of interest and mature at the years and amounts determined by the governing authority of the City of Marietta, and the procedure of validation, issuance and delivery shall be in all respects in ac cordance with the Revenue Bond Law, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder.
In order to repay the bonded indebtedness herein authorized, the governing authority of the City of Marietta, without regard to any limitations or restrictions imposed by this Constitution, is hereby authorized to levy and collect an additional annual tax, not to exceed seven mills, upon all taxable property located within the corporate limits of the City of Marietta. The funds derived from such tax shall be separately accounted for and shall be used only for the repayment of the bonded indebtedness herein authorized.
All bond issues proposed to be made pursuant to the authority herein granted must be approved by a majority of the qualified voters of the City of Marietta voting in an election held for that purpose before such bonds are issued and any debt herein au thorized is created. The governing authority of the City of Marietta is hereby authorized to call and hold such elections from time to time to carry out the requirements herein provided for."
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.
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JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the City of Marietta to create additional indebtedness
NO ( ): and levy additional taxes for educational purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 Eesolution, was agreed to.
On the adoption of the Eesolution, 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 Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee
Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean DeVane Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford
Grahl Griffis Hale Harrington Harris, J. F. Henderson Herndon Holder Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Leonard
THURSDAY, FEBRUARY 25, 1965
1095
Lewis, E. B. Looper Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simmons Simp son Singer
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker
Steis Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Balkcom Bowen, R. L. Bynum Caldwell Chandler Conner Dailey Davis DeLoach Doster Etheridge Flynt Gary Griffin Hall Harrell Harris, J. R.
Harris, R. W. Houston Howell Hull Jones, C. M. Jordan, W. H. Kelly Lambert Lane Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Marshall McClelland McKemie Minge
Mitchell Pafford Rainey Roberts Rodgers, H. B. Roper Shuman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Story Strickland Tabb Watson Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 153 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
1096
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1965 and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Gillis of the 20th, Webb of the llth and Plunkett of the 30th.
Mr. Blalock of Coweta asked unanimous consent that the following Bill of the House be taken from the Table:
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired, and for other purposes.
The consent was granted and HB 289 was taken from the Table.
Mr. Bolton of Spalding moved that the House insists on its position on the following Bill of the House and a Committee of Conference be appointed:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967 and for other purposes.
The motion prevailed and the Speaker appointed the following members to serve as a Committee of Conference on the part of the House:
Messrs. Bolton of Spalding, Blalock of Coweta and Vaughn of Rockdale.
THURSDAY, FEBRUARY 25, 1965
1097
Mr. Harris of DeKalb asked unanimous consent that the following Bill of the House be recommitted to the Committee on Judiciary for further study:
HB 378. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, so as to provide that an execution shall be entered or reentered on the general execution docket on the same date as an entry on said execution or a written notice of public effort is entered, and for other purposes.
The consent was granted and HB 378 was recommitted to the Committee on Judiciary.
Mr. Steis of Harris asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on State of Republic:
HB 491. By Messrs. Steis of Harris, Bedgood of Clarke and others:
A Bill to be entitled an Act to implement the provisions of the Con stitution to authorize the governing authority of every county in this State to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in the un incorporated area of the county, to authorize the licensing and regulation of taxicabs and cabs for hire in the unincorporated area of a county, and for other purposes.
The consent was granted and HB 491 was recommitted to the Committee on State of Republic.
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 192-454. By Mr. Paris of Barrow:
A Resolution authorizing the Governor on behalf of the State of Ga. to convey to the City Council of the City of Winder, a municipal cor poration, an easement for the purpose of constructing, maintaining, and operating a sewer line or lines, over and through property in Bar row County, owned by the State and operated as a part of Fort Yargo State Park, and for other purposes.
1098
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.
Acree Alien Anderson Arnsdorff Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Branch Brantley Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Flynt Fulford Gary Grahl Griffis
Harrell Harrington Harris, J. F. Harris, R. W. Henderson Holder Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McRae Melton Merritt Mixon Moate Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Reaves Reid Rhodes Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Steis Story Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watson White Williams, W. M. Wright
THURSDAY, FEBRUARY 25, 1965
1099
Those not voting were Messrs.:
Abney Bagby Balkcom Bowen, J. O. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Chandler Conner Dailey Davis DeLoach Dixon Etheridge Farrar Floyd Griffin Hale Hall Harris, J. R. Herndon
Houston Howell Irvin Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Knight, D. W. Lambert Lane Lewis, E. B. Lovett Lowrey Maddox McClelland McCracken McKemie Milhollin Minge Mitchell Moore, Don C. Moses Pickard Poss
Potts Rainey Richardson Roberts Rogers, Jimmie Sewell Shea Shuman Simmons Smith, G. L. II Smith, V. T. Snow Spikes Strickland Sweat Vaughn, C. R. Ware Watkins Wells Wiggins Williams, G. J. Wilson 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.
HR 183-418. By Mr. McClelland of Fulton:
A Resolution authorizing the conveyance of a certain tract of stateowned property, 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 112, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OF THE HOUSE,
HE 101-133. By Messrs. Brooks of Fulton and Harris of DeKalb:
A Resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Ga., 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 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 164. By Mr. Rowland of Johnson:
A Resolution instructing the State Board of Education to discontinue collection of certain over-payments made to the board of education of Johnson 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 ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 321. By Mr. Overby of Hall:
A Bill to be entitled an Act authorizing the counties of this State to sell lost or abandoned personal property located within the county, to provide for a procedure for accomplishing same, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 321 as follows:
By adding in Section 1, Line 5 after the word "unknown" the words "or, if known, whose whereabouts or address is unknown," and,
By adding in Section 3 sub-paragraph (1) after the word "the" and before the word "sale", the words "storage and".
THURSDAY, FEBRUARY 25, 1965
1101
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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 268. By Messrs. Moore and Dean of Polk:
A Bill to be entitled an Act to amend an Act creating and establishing law libraries in certain counties, so as to change the population and census figures appearing 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Acree
Alien
Anderson
Arnsdorff
Balkcom
.
Ballard
Barber
Beck
Bedgood
Black
Blalock
Bowen, J. O.
Bowen, R. L.
Brackin
Brooks, Geo. B.
Brooks, Wilson
Brown, Gene
Brown, M. P.
Busbee
Bynum Byrd
Caldwell
Carr
Clark, J. T.
Clarke, H. G. Coker, R. Collins, M. Colwell Conger
Crowe Davis Dean
DeLoach DeVane
Dickinson Dixon Dollar Dorminy Doster
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans
Farrar Floyd Flynt Gary Grahl
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Holder, Howell Hudgins
Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S. Johnson, BJones, G. Paul
Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite
Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B.
1102
Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McCracken McDaniell McRae Melton Milhollin Mitchell Moate Moore, Don C. Moore, J. H. Murphy Nessmith, P. Newton, A. S. Odom Oglesby Pafford Page
JOURNAL OF THE HOUSE,
Paris Parker Perry Peterson Phillips, G. S. Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Shuman Simkins Singer
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Wells Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Bagby Blair Bolton Branch Brantley Brinkley Chandler Coker, G., Dr. Collins, J. P. Conner Dailey Fulford Griffin Griffis Hale Hall Harrell Herndon Houston Jones, C. M. Jones, F. C.
Jordan, W. H. Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Lovett Lowrey Mauldin McClelland McKemie Merritt Minge Mixon Moses NeSmith, J. D. Newton, D. L. Otwell Overby Phillips, L. L. Pickard Pope
Poss Reaves Rush Simmons Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Thomason Tucker, J. B. Vaughn, C. R. Ware Watson White Wiggins Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 25, 1965
1103
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission and for other purposes.
The following Committee substitute was read and adopted:
AN ACT
To create the Georgia State Scholarship Commission; to authorize and empower the Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in the paramedical field and other pro fessional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and conditions for the granting of such scholarships; to prescribe the membership and officers of the Commis sion; to provide the appointment or election of said members and of ficers and their terms in office; to provide for an Executive Director and prescribe his authority and duties; to provide for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum requirement for the transaction of business; to prescribe the duties of the Commission; to authorize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees and for the Executive Director; to authorize and em power the Commission to formulate proper and necessary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Commission; to provide for the making of contracts between the Commission and the recipients of scholarships to provide for budgetary and appropriation procedures; to provide further the procedures connected with the foregoing; to repeal an Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Georgia Laws 1964, p. 699) and to abolish the Commission created thereunder; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Creation of State Scholarship Commission.--There is hereby created a Commission to be known as the Georgia State Scholar ship Commission, which is authorized and empowered to grant scholar ships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to fi nance the cost of a program of study in the paramedical field and other professional and educational fields to study as approved by the Com mission, with the exception of the program leading to the degree of Doctor of Medicine.
Section 2. Terms and Conditions of Scholarships.--The terms and conditions governing the scholarships shall be prescribed and formulated
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JOURNAL OF THE HOUSE,
by the State Scholarship Commission, but shall include the condition that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a com munity in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when approved by the Commission, in cash with interest at the rate of four (4%) per cent per annum, said interest to accrue from the date each payment is made.
Section 3. Members of the Commission. -- The State Scholarship Commission hereby created, shall be the members of the Board of Di rectors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, authority and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law.
Section 4. Terms of members of the Commission.--The terms of office of members of the State Scholarship Commission shall be the same, and run concurrently, with the terms of Directors of the Georgia Higher Education Assistance Corporation, as provided by the Act creat ing the Corporation.
Section 5. Officers of the Commission.--The officers of the Com mission shall consist of a Chariman, Vice Chairman and Executive Di rector. The Chairman and Vice Chairman shall be elected by the Com
mission from its membership. Members of the Commission shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging.
The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board
of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and con ditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. He shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act.
The Chairman shall be authorized to appoint subcommittees com posed of representatives from each profession represented in the scholar ship program to assist in the selection of recipients for scholarships in that particular profession. Persons appointed to the subcommittees shall not receive any compensation for their services but shall be reimbursed for expenses of travel and lodging.
THURSDAY, FEBRUARY 25, 1965
1105
Section 6. Vacancies in office.--Vacancies for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim.
Section 7. Meetings.--The Commission shall meet at least once in each fiscal year and may meet at such other times as the Chairman may designate by giving at least five (5) days notice. A majority of members shall constitute a quorum for the transaction of business.
Section 8. Duties of the Commission.--In accordance with the provisions of this Act, the Commission shall formulate all rules and regulations necessary for the efficient and effective conduct of the scholarship program; prepare and supervise the issuance of public in formation concerning the provisions of this Act; prescribe the form and regulate the submission of applications for scholarships; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or disallow all applications for scholarships, or renewal of scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and to manage, operate and control all funds appropriated for this purpose.
It shall be the further duty of the Commission to approve the community or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has been established by a full investigation by the Commission.
(a) Eligibility for Scholarship.--An applicant may be eligible for the award of a scholarship when the following conditions are met:
(1) that he is a bona fide resident of Georgia;
(2) that he is a person of good moral character;
(3) that he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to an educational institution approved by the Commission;
(4) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires;
(5) that he has superior capacity to profit by the course of study for which he seeks aid.
In determining an applicant's superior capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record; the results of examinations conducted under the provisions of this Act; and the results of interviews and such other tests or examinations which the Commission may deem advisable. In establishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family.
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JOURNAL OF THE HOUSE,
(b) Amount of Scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized institutions.
(c) Payment of Scholarship Grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship.
(d) Renewal of Scholarships.--Each scholarship is renewable an nually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Commission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a stu dent in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Act.
(e) Annual report of the Commission.--The Commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the amount of the scholar ship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget requesting the funds necessary for the operation of the Commission. The report shall also include an accounting of repayments of scholarships, whether by services or in cash of four (4%) per cent interest.
Section 9. Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Commission agreeing to the terms and conditions upon which the scholarship shall be granted to him which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia and shall be signed by the Chairman of the Commission, countersigned by the Executive Director and shall be signed by the applicant. For the purpose of this Act, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Com mission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commis
sion on any contract.
The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed suf ficient by the Commission.
Section 10. (a) For budgetary and appropriation purposes the Com-
THURSDAY, FEBRUARY 25, 1965
1107
mission shall specify the various classications of purposes for which scholarships under this Act may be awarded, request a specific appro priation for each such classification and it is contemplated that the appropriation to the Commission shall be in an amount for each such classification.
(b) Payment of funds to Commission.--All payments of funds ap propriated for scholarships hereunder shall be made by requisition of the Commission signed by the Executive Director directed to the State Budget Officer who shall thereupon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requisition and payable to the Executive Director as designated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds appropriated by the General Assembly for the purposes provided for in this Act.
(c) Deposit and Expenditure of funds by the Commission.--All funds made available to the Commission by Act of the General Assembly for the payment of scholarships to recipients, and for the purpose of defraying expenses of the Commission and the salaries of the Executive Director and employees shall be paid over and received by the Treasurer of the Commission and by him deposited in some solvent bank within the State of Georgia, selected by the Commission, and such funds may be drawn and expended by check or warrant signed by the Chairman and attested by the Executive Director.
Section 11. Effective date.--This Act shall become effective on July 1, 1965. Provided, however, the Governor shall appoint the Com mission created by this Act on or before July 1, 1965.
Section 12. Repealer.--The Act creating the Georgia State Scholar ship Commission, approved March 18, 1964 (Ga. L. 1964, p. 699), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished. 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 substiute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 8. By Senators Webb of the llth, Plunkett of the 30th and Hill of the 29th:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Corporation, and for other purposes.
1108
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to create the Georgia Higher Education As sistance Corporation; to provide for purposes; to provide for definitions; to provide for a Board of Directors; to provide for powers and duties; to provide for loans and interest thereon; to provide for repayment of loans; to provide for loan applications; to provide for contributions and deduction from taxes thereof; to provide for tax exemptions; to provide for examination and reports; to provide for dissolution; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
There is hereby created a non-profit corporation which shall be known as the Georgia Higher Education Assistance Corporation.
SECTION 2
The purposes of such Corporation shall be to improve the higher educational opportunities of persons who are residents of this State and who are attending or plan to attend colleges in this State or else where by guaranteeing a loan of funds to such persons to assist them in meeting their expenses of higher education all in accordance with the provisions of this Act and pursuant to the Constitution of this State.
SECTION 3
As used in this Act the following terms shall have the following meanings:
1. "Corporation" shall mean the Georgia Higher Education As sistance Corporation.
2. "Board" shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation.
3. "College" shall mean any institution of higher education either within or without the State of Georgia, recognized and approved as such by the Board of Regents of the University System, which provides a course of study leading to the granting of a post-secondary degree or diploma.
SECTION 4
"(a) The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall consist of fifteen
THURSDAY, FEBRUARY 25, 1965
1109
members as follows: The Chairman of the Board of Regents; the Chancellor of the University System of Georgia, the State Auditor, the State Budget Officer, and eleven members to be appointed by the Governor from the State-at-large, and to be confirmed by the Senate. Initially, the Governor shall appoint five members to serve for terms of four years and six members to serve for terms of seven years. There after, all members shall be appointed for seven year terms. All mem bers shall serve until their successors are appointed and qualified. All appointive members shall be at least thirty years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their successors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. In the event of a vacancy of the Board, the Governor shall appoint a person to serve the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in ses sion shall be effective ad interim. Appointive members of the Board shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. Members of the Board who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act as hereinafter provided."
"(b) The officers of the Board of Directors of the Corporation shall consist of a Chairman, Vice Chairman and Executive Director. The Board shall elect from its own members a Chairman and Vice Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms.
The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Corporation a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and con ditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Corporation. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. He shall serve with out further remuneration. He shall be authorized to employ with the approval of the Board such qualified personnel as may be necessary to effectuate the purposes of the Corporation and of this Act.
"(c) The Board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the Corporation, the act of the majority of the di rectors present at any meeting shall be deemed the act of the Board.
"(d) The Board shall adopt by-laws for the Corporation and shall
1110
JOURNAL OF THE HOUSE,
approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
"(e) The Board may elect an Executive Committee of not less than five members who in intervals between meetings of the Board may transact such business of the Corporation as the Board may, from time to time, authorize. Unless otherwise provided by the by-laws of the Corporation a majority of the whole of such committee attending shall constitute a quorum for the transaction of any business and the act of a majority of the members of the Executive Committee present at any meeting thereof shall be the act of such committee. Provided further any state employee serving on this Corporation shall receive no com pensation but shall receive reimbursements for actual expenses ex pended."
SECTION 5
The Board shall have the following powers:
(1) To guarantee the loan of money upon such terms and condi tions as the Board may prescribe within the limits contained in this Act to persons who are residents of this State and who are attending or plan to attend colleges in this State or elsewhere to assist them in meeting their expenses of higher education. Provided, however, that no loan to any such person shall be guaranteed in excess of the following amounts:
$ 900.00 for the freshman year;
$1,000.00 for the sophomore year;
$1,200.00 for the junior year;
$1,500.00 for each graduate year;
and a total of not to exceed $7,500.00.
Students who are attending or plan to attend college on a part-time basis shall be eligible for guaranteed loans hereunder. The Board shall establish minimum qualifications for a person to be termed a part-time student for the purposes hereof. The Board shall have the power to procure a policy or policies of group life insurance to insure the repay ment of loans guaranteed by the Corporation in the event of a death of an individual for whom a loan is guaranteed hereunder.
(2) To take, hold and administer, on behalf of the Corporation and for any of its purposes, real property, personal property and monies, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the Corporation. The Board may acquire property or monies for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans. Provided, how ever, no obligation of the Corporation shall be a debt of the State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation.
THURSDAY, FEBRUARY 25, 1965
1111
(3) To enter into contracts with the colleges upon such terms as may be agreed upon between the Corporation and any such college so as to provide for the administration by such college of any loan guaran teed by the Corporation, including applications therefor and repayment thereof.
(4) To sue and be sued in the name of the Corporation.
(5) To adopt rules and regulations not inconsistent with law gov erning the application for and administration and repayment of loans guaranteed by the Corporation.
(6) To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the Corporation as provided in this Act.
Any group life insurance policies issued hereunder shall be issued on competitive bids under rules and regulations established by the Cor poration. Provided the cost of insurance premiums incurred shall be a part of the principal of the loan of the individual insured.
SECTION 6
The loans provided herein may be made by commercial banks, sav ings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems.
SECTION 7
No loan guaranteed by the Corporation shall bear interest at a rate in excess of six percent per annum, nor shall the Corporation guarantee any loan which bears interest at a rate higher than the then prevailing rate of interest up to a maximum of six percent per annum which the lender charges to other persons for similar type loans which are not guaranteed by the Corporation. All of the interest payable on loans guaranteed by the Corporation shall be paid, on behalf of and for the account of the borrower, by the Corporation during the period during which the borrower is regularly pursuing the college program for which such loan was made but not to exceed six years from the date such loan was originally made. Upon the borrower's completion of such college program, or upon the earlier termination thereof prior to completion, or upon the expiration of such six year period, whichever occurs first, such interest thereafter occurring on such loan, up to a maximum of three percent per annum thereof, shall be paid by the borrower directly, and any such interest in excess of said three percent per annum thereof shall be paid by the Corporation on behalf of and for the account of the borrower.
SECTION 8
The terms and conditions of any loan guaranteed by the Corporation shall not require the borrower to begin the repayment of his loan and
1112
JOURNAL OF THE HOUSE,
any interest which he may be obliged to pay thereon, earlier than one year following his completion or other termination of the college pro gram for which such loan was made, or three months after he becomes regularly employed, or self-employed, following such completion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay in full any such loan or any interest thereon earlier than within four years following his completion or other termination of his college program where the prin cipal amount of the loan does not exceed the sum of $1,200.00, or six years where such principal amount of $1,200.00 or more but less than $3,000.00 or eight years where such principal amount is $3,000.00 or more but less than $5,000.00, or twelve years where such principal amount is $5,000.00, or more. The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed, however, two years.
SECTION 9
Any person otherwise qualifying for a loan guaranteed by the Cor poration shall not be disqualified by reason of being under the age of twenty-one years and for the purpose of applying for, receiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obli gations of a person of full age with respect thereto.
SECTION 10
All contributions made to the Corporation shall be deductible for State income tax purposes.
SECTION 11
The property, income, obligations and activities of the Corporation shall be exempt from all State taxation of any type and from all munici pal, county or other political subdivision taxation of any type.
SECTION 12
The Corporation shall be subject to examination of the Superintend ent of Banks, but shall not be deemed to be a banking organization nor required to pay a fee for any such examination. The Corporation shall make an annual report of its condition to the Governor and to the mem bers of the General Assembly on or before September First of each year.
SECTION 13
The Corporation and its corporate existence shall continue until termination by law upon a finding by the General Assembly that there no longer exists any need for such corporation; provided, however, that no such law shall take effect so long as the Corporation shall have obligations outstanding. Upon the dissolution of the Corporation, all
THURSDAY, FEBRUARY 25, 1965
1113
the property and monies of such Corporation shall become the property and monies of the State.
SECTION 14
This Act shall become effective July 1, 1965. Provided, however, the Governor shall appoint the Board of Directors created by this Act on or before July 1, 1965.
SECTION 15
The Act creating the Georgia Higher Education Assistance Corpo ration, approved March 25, 1964 (Ga. L. 1964, p. 735), is hereby repealed in its entirety and the Board of Directors created thereunder is hereby abolished.
SECTION 16
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 176-398. By Mr. Smith of Emanuel:
A Resolution authorizing the Georgia State Agency for Surplus Property as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for fifteen years respecting certain proper ty located in or near the City of Swainsboro, 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 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1114
JOURNAL OF THE HOUSE,
HB 88. By Messrs. Pickard of Muscogee and Steis of Harris and others:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired, class room teacher, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 22. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend an Act establishing the Teachers Retirement System of Ga., so as to provide for two additional members of the Board of Trustees, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 52, nays 67.
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 that the House reconsider its action in failing to give the requisite constitutional majority, to SB 22.
Messrs. Hudgins of Chattahoochee and Abney of Walker stated that they would like to be recorded as voting "Aye" on SB 22.
HB 283. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to provide that in all civil actions for wrong ful death or permanent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per
THURSDAY, FEBRUARY 25, 1965
1115
cent column of any annuity table, in reducing a verdict for damages to its present value, and for other purposes.
The following amendment was read:
Mr. Harris of Glynn moves to amend HB 283 by striking the period at the end of the last sentence of Section 1 and adding a semi-colon and inserting thereafter, provided however, that the rate of interest shall not be larger than 7 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.:
Balkcom Harris, R. W. Hull Lee, F. S. Leonard
Luke Moore, J. H. NeSmith, J. D. Rogers, Jimmie Rowland
Simkins Smith, J. R. Sweat Tabb
Those voting in the negative were Messrs.:
Acree Anderson Arnsdorff Bagby Ballard Barber Black Blair Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Conger Crowe Davis DeVane
Dickinson Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Flynt Fulford Harrell Harris, J. F. Henderson Holder Howell Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Maddox Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L.
1116
Potts Reid Rhodes Richardson Roberts Ross Russell Savage Shea Simmons
JOURNAL OF THE HOUSE,
Simp son Smith, E. B., Jr. Spikes Spillers Story Strickland Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Wililams, W. M. Wright
Those not voting were Messrs.:
Abney Alien Beck Bedgood Blalock Bolton Bowen, J. O. Branch Brantley Brooks, Geo. B. Busbee Chandler Coker, R. Colwell Conner Dailey Dean DeLoach Doster Etheridge Parrar Floyd Gary Grahl Griffin Griffis Hale
Hall Harrington Harris, J. R. Herndon Houston Hudgins Irvin Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lovett Lowrey Marshall Matthews, C. McCelland Melton Mitchell Moore, Don C. Moses Odom Pafford Perry
Pickard Pope Poss Rainey Reaves Rodgers, H. B. Roper Rush Sewell Shuman Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Stalnaker Steis Thomas Underwood Vaughn, C. R. Wells Wilson Woodward Mr. Speaker
On the adoption of the amendment, the ayes were 14, nays 111.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 25, 1965
1117
Those voting in the affirmative were Messrs.
Abney Anderson Arnsdorff Bagby Balkcom Barber Beck Black Blair Brackin Branch Brantley Brinkley Brooks, Wilson Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. P. Conger Davis Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Gary Harrell Harris, J. F. Henderson Holder
Houston Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Lane Lee, G. B. : Lee, W. J. (Bill) Lewis, E. B. Looper Lowrey Matthers, D. R. Mauldin Mauney McDaniell McKemie Merritt Milhollin Minge Mixon Moate Newton, A. S. Newton, D. L. Otwell Overby Paris Parker Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Potts Reid Rhodes Rodgers, H. B. Rogers, Jimmie Ross Rowland Savage Simmons Simpson Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers Story Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Acree Ballard Bowen, R. L. Brown, Gene Brown, M. P. Bynum Carr Crowe Dean DeVane Dollar Dorminy
Hale Harris Lee, F. S. Leonard Lewis, P. B. Luke Maddox McCracken McRae Moore, Don C. Moore, J. H. Murphy
NeSmith, J. D. Nessmith, P. Oglesby Richardson Russell Shea Simkins Smith, J. R. Stalnaker Sweat
1118
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Bedgood Blalock Bolton
Bowen, J. 0. Brooks, Geo. B. Busbee Chandler Coker, R. Collins, M. Colwell Conner Dailey DeLoach Doster Etheridge Floyd Flynt Grahl Griffin Griffis Hall
Harrington Harris, J. R. Herndon Hudgins
Hull Irvin Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lovett Marshall Matthews, C. McClelland Melton Mitchell Moses Odom Pafford
Page Perry Pickard Rainey
Reaves Roberts Roper Rush Sewell Shuman Singer Smith, A. B. Smith, G. L. II Smith, V. T. Steis Strickland Underwood Vaughn, C. R. Wells Wilson Woodward Mr. Speaker
On the passage of the Bill, the. ayes were 104, nays 34.
The Bill, having received the requisite constitutional majority, was passed.
HB 106. By Messrs. Smith of Grady, Bolton of Spalding, and others: A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million dollars outstanding at any one time and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HB 106 as follows:
By striking from the title the words "outstanding at any one time".
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The Act known as the 'State Penal and Rehabilitatation Authority Act', approved March 17, 1960 (Ga. Laws 1960, pp. 892-908), as amended by an Act approved February 18, 1964 (Ga. Laws 1964, pp. 91-95), is hereby amended by striking Section
THURSDAY, FEBRUARY 25, 1965
1119
5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
" 'Section 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by Resolution for the issuance of negotiable revenue bonds, in a sum not to exceed ten million ($10,000,000.00) dollars for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. Once a total of ten million ($10,000,000.00) dollars in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, and shall be payable in such medium of payment as to both principal and inter est as may be determined by the authority, and may be made re deemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.'"
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 Balkcom Ballard Barber Beck Bedgood Black Blair Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Brown, Gene Brown, M. P.
Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeLoach DeVane Dickinson
Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Hale Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon
1120
JOURNAL OF THE HOUSE,
Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney
McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Overby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Potts Reaves Reid Richardson Roberts Rogers, Jimmie Rowland Rush
Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Bagby Blalock Bolton Brantley Brooks, Geo. B. Brooks, Wilson Busbee Conner Dailey Dorminy
Doster Etheridge
Griffin Griffis Hall
Harris, J. R. Houston Johnson, B.
Jones, F. C. Jordan, W. H. Lambert Lovett Matthews, C. McClelland Melton Milhollin Mitchell Newton, D. L. Odom
Oglesby Pafford Parker
Pickard Pope
Poss Rainey
Rhodes Rodgers, H. B. Roper Ross Russell Shuman Simmons Smith, A. B. Smith, G. L. II
Smith, V. T.
Steis Strickland Thomason
Vaughn, C. R. Wells
Wilson Woodward Mr. Speaker
THURSDAY, FEBRUARY 25, 1965
1121
On the passages of the Bill, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Bagby of Paulding 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 106.
HB 337. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorized representatives of the public information media and the publication in certain instances of juvenile offenders, and for other purposes.
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 Ballard Beck
Bedgood Blair Bowen, J. O. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Carr Clark, J. T. Collins, J. F. Collins, M. Colwell Conger Crowe Dean DeLoach Dickinson Dixon Dollar
Dorminy Duncan, A. C. Duncan, V. W.
Dunwody Farrar Floyd Flynt Fulford . Gary Grahl Griffis Hale Harrell Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Hudgins Hull Jessup Jones, C. M. Jones, G. Paul Jones, M.
Jordan, Ben C. Knight, D. W. Knight, W. D.
Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McRae Merritt Mixon Moate Moore, J. H. Moses Newton, D. L. Overby Perry Phillips, L. L.
1122
Pickard Potts Eeid Rhodes Richardson Rogers, Jimmie Roper Rowland Rush Shea
JOURNAL OF THE HOUSE,
Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spillers Story Strickland Tabb
Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watkins Wells White Williams, W. M, Wright
Those voting in the negative were Messrs.
Anderson Bagby Balkcom Barber Clarke, H. G. Coker, G., Dr. Davis Evans Harrington Howell Hutchinson Johnson, Dr. A. S.
Lane Lewis, P. B. Looper Lowrey Maddox McCracken Milhollin Mitchell Murphy Nessmith, P. Otwell Page
Paris Phillips, G. S. Pope Reaves Roberts Simmons Sweat Thomason Watson Williams, G. J.
Those not voting were Messrs.:
Acree Alien Arnsdorff Black Blalock Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Caldwell Chandler Coker Conner Dailey DeVane Doster Etheridge Griffin Hall Harris, R. W.
Irvin Johnson, B. Jones, F. C. Jordan, W. H. Kelly Lambert Lee, F. S. Lovett McClelland McKemie Melton Minge Moore, Don C. NeSmith, J. D. Newton, A. S. Odom Oglesby Pafford Parker Peterson Poss Rainey
Rodgers, H. B. Ross Russell Savage Sewell Shuman Singer Smith, A. B. Smith, J. R. Smith, V. T. Spikes Steis. Thomas Tidwell Vaughn, C. R. Walker Ware Wiggins Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 104, nays 34.
THURSDAY, FEBRUARY 25, 1965
1123
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House recessed until 2:15 o'clock p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:15 o'clock p.m.
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 344. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to be entitled "The Georgia Public Assistance Act of 1965", to authorize the Department of Family and Children Services to establish categories of assistance payments and services, and for other purposes.
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.:
Acree Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Branch Brantley Brinkley Brooks, Geo. B.
Brown, Gene Brown, M. P. Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis DeVane Dickinson
Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Gary Grab! Hale Harrell Harrington Harris, J. R. Henderson Herndon
1124
JOURNAL OF THE HOUSE,
Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lane Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie
McRae Merritt Milhollin Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Page Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Reaves Reid Richardson Rodgers, H. B. Ross Rowland Rush
Russell Savage Sewell Shea Shuman Simkins Sirnmons Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stain aker Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Underwood Walker Ware Watkins Watson Wells White Wiggins Williams, G, J. Wilson Wrighc
Those voting in the negative were Messrs.
Evans
Snow
Those not voting were Messrs.:
Abney Bagby Ballard Bolton Bowen, R. L. Brooks, Wilson Busbee Caldwell Conger Conner Dailey Dean DeLoach Dollar Dorminy
Etheridge Griffin Griffis Hall Harris, J. P. Harris, R. W. Jessup Jones, F. C. Kelly Knight, D. W. Knight, W. D. Lambert Leonard Lovett Lowrey
McClelland McCracken Melton Minge Moate Odom Pafford Paris Phillips, G. S. Potts Rainey Rhodes Roberts Rogers, Jimmie Roper
THURSDAY, FEBRUARY 25, 1965
1125
Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Steis
Story Tabb Tucker, Ray M. Vaughn, C. R. Vaughan, D. N.
Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Snow of Walker stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HB 344.
HB 440. By Mr. Clarke of Monroe:
A Bill to be entitled "an Act to create a public corporation to be known as the Board of Trustees of the Joint Municipal Employee's Retirement 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 Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Branch Brinkley Brooks, Geo. B. Brown, Gene
Brown, M. P. Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G. Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis Dean DeVane Dickinson Dixon
Dorminy Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston
1126
JOURNAL OP THE HOUSE,
Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin McDaniell McKemie McRae Melton
Merritt Minge Mitchell Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Perry Phillips, L. L. Pope Potts Reid Rhodes Richardson Rodgers, H. B. Ross Rowland Rush Russell
Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Steis Strickland Sweat Thomason TidweU Tucker, Ray M. Underwood Walker Ware Watson Wells White Wiggins Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Bolton Bowen, J. O. Bowen, R. L. Brackin Brantley Brooks, Wilson! Busbee Caldwell Conger Conner Dailey DeLoach Dollar Doster Etheridge Evans Griffin Griffis Hale Hall Harris, J. P.
Hull Jessup Johnson, B. Jones, C. M. Jones, P. CH Jordan, W. H. Knight, D. W. Lambert Lovott Matthews, D. R. Mauney McClelland McCracken Milhollin Moate Moore, J. H. Newton, D. L. Pafford Peterson Phillips, G. S. Pickard
Poss Rainey Reaves Roberts Rogers, Jimmie Roper Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Stalnaker Story Tabb Thomas Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Watkins Williams, W. M. Wilson Mr. Speaker
THURSDAY, FEBRUARY 25, 1965
1127
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and Murphy of Haral-
A Bill to be entitled an Act to amend the State Properties Control Act, so as to provide that a lease instrument, transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control code, shall receive three separate read ings in each House, and for other purposes.
Mr. Chandler of Baldwin asked unanimous consent that the Committee amendment be withdrawn.
The consent was granted and the Committee amendment of the State In stitution and Property was withdrawn.
The following amendment was read and adopted:
Branch of Tift moves to amend HB 272 as follows:
By striking from the title the following:
"so as to provide that a lease instrument, transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings in each House and shall then be referred to a committee for consideration and recommendation prior to con sideration by the membership of such House",
and inserting in lieu thereof the following:
"so as to provide the procedure for acceptance or rejection by the General Assembly of lease instruments".
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Section 91-109A of the said State Properties Con trol Code, relating to the competitive bidding procedure concerning certain leases and the acceptance or rejection of bids by the Gen eral Assembly, is hereby amended by striking the last sentence of Subsection (d) as follows:
'One counterpart of such instrument shall then be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session.',
1128
JOURNAL OF THE HOUSE,
and inserting in lieu thereof the following:
'A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate.', so that when so amended Subsection (d) of Code Section 91-109A shall read as follows:
'(d) If the Commission formally determines the highest re sponsible bidder, the Commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as here inafter provided for. A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a Bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate.' "
By striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Section 91-109A of the said State Properties Con trol Code, relating to the competitive bidding procedure concerning certain leases and the acceptance or rejection of bids by the General Assembly," is hereby amended by striking Subsection (e) of said Section, which reads as follows:
'(e) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such bid, then the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recordd in his office a counterpart of such lease and any minutes of the Commission, advertisement, notice, invitation for bids, legislative Resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such bid at such regular session, then the bids shall be deemed rejected.',
in its entirety and inserting in lieu thereof a new Subsection (e) to read as follows:
THURSDAY, FEBRUARY 25, 1965
1129
'(e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Com mission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, advertisement, notice, invitation for bids, legislative Resolution, and any other record concerning such lease.'"
By adding a new Section to be known as Section 6 to read as follows:
"Section 6. Section 91-110A of the said State Properties Con trol Code, relating to the negotiation of a lease of the Western and Atlantic Railroad property and the acceptance or rejection of any offer concerning same by the General Assembly, is hereby amended by striking the last sentence of Subsection (b) of said Section as follows:
'One counterpart of such instrument shall then be transmitted to each House of the General Assembly if then in regular session, and, if not, to the next regular session.',
and inserting in lieu thereof the following:
"A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a Bill in both the House and the Senate. Such Resolu tion shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate.' so that when so amended Subsection (b) shall read as follows:
'(b) If the Commission and a prospective lessee can arrive at a mutually satisfactory form of lease, the Commission shall pre pare same in at least four counterparts which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute an offer by the prospective lessee and shall be accompanied by such security as may be prescribed by the Commission. Such offer shall not be subject to revocation unless it is rejected by the Gen eral Assembly as hereinafter provided for. A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a Bill in both the House and the Senate. Such Resolution shall be con-
1130
JOURNAL OP THE HOUSE,
sidered by the Committee of the Whole House and by the Com mittee of the Whole Senate.' "
By adding a new Section to be known as Section 7 to read as follows:
"Section 7. Section 91-110A of the said State Properties Con trol Code, relating to the negotiation of a lease of the Western and Atlantic Railroad property and the acceptance or rejection of any offer concerning same by the General Assembly, is hereby amended by striking Subsection (c) of said Section, which read as follows:
'(c) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such offer, then the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, legislative Resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such offer at such regular session, then the offer shall be deemed rejected.',,
in its entirety and inserting in lieu thereof a new Subsection (c) to read as" follows:
'(c) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Com mission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, legislative Resolution, and any other record concerning such lease.' "
By renumbering present Section 6 and Section 7 as Sections 8 and 9, respectively.
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
THURSDAY, FEBRUARY 25, 1965
1131
Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Branch Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Davis DeVane Dixon Duncan, A. C. Dunwody Evans Farrar Floyd Flynt Fulford Grahl Harrington Henderson Herndon Holder
Ho well Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Kelly Laite Lane Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Mauldin McCracken McKemie McRae Melton Merritt Milhollin Mixon Mitchell Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Page Paris Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pickard Pope Potts Reaves Reid Richardson Rogers, Jimmie Ross
Rowland Rush Russell Savage Sewell Shea Shuman Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spillers Stalnaker Steis Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vau^han, D. N. Wells White Wiggins Williams, G. J. Wright
Those not voting were Messrs. :
Acree Bowen, R. L. Brantley Brooks, Wilson Brown, Gene Caldwell Clark, J. T. Collins, J. F.
Conger Conner Dailey Dean DeLoach Dickinson Dollar Dorminy
Doster Duncan, V. W. Etheridge Gary Griffin Griffis Hale Hall
1132
JOURNAL OF THE HOUSE,
Harrell Harris, J. F. Harris, J. R. Harris, R. W. Houston Hull Irvin Jessup Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, G. B.
Lee, W. J, (Bill) Lovett
Lowrey Matthews, D. R. Mauney McClelland McDaniell Minge Moate Moore, Don C. Moses Newton, D. L. Overby Pafford Poss Rainey Rhodes
Roberts Rodgers, H. B.
Roper Simkins Smith, A. B. Smith, V. T. Spikes Story Tabb Vaughn, C. R. Walker Ware Watkinsi Watson Williams, W. M. Wilson Woodward
Mr. Speaker
On the passage of the Bill, as amended, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 471. By Messrs. Clarke of Monroe, Tucker of Henry and others:
A Bill to be entitled an Act to provide that a single in rem condemnation action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts of land is identical, and for other purposes.
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 Beck
Bedgood Black Blair
Blalock Bolton Bowen, J. O. Brackin Branch Brinkley
Brooks, Geo. B. Brooks, Wilson Brown, M. P.
Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G.
THURSDAY, FEBRUARY 25, 1965
1133
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Harrell Harrington Henderson Herndon Holder Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D.
Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKeniie McRae Melton Merritt Milhollin, Minge Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard
Pope Potts Rainey Reaves Reid Richardson Ross Rowland Rush Russell Savage Sewell Shea Shuman Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R Snow Spikes Spillers Stalnaker Steis Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Ware Wells White Wiggins Williams, G. J. Wilson Wright
Voting in the negative was Mr. Parker.
Those not voting were Messrs.:
Balkcom Bowen, R. L. Brantley Brown, Gene Busbee Caldwell Conner Dailey
DeLoach Dickinson Dorminy Doster Etheridge Griffin Hale Hall
Harris, J. F. Harris, J. R. Harris, R. W. Howell Hull Jessup Jones, C. M. Jones, F. C.
1134
Jordan, W. H. Knight, D. W. Lambert Lane Lee, G. B. Leonard Lovett Lowrey Matthews, D. R. McClelland Mitchell Moore, Don C.
JOURNAL OF THE HOUSE,
Newton, D. L. Pafford Poss Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Simkins Smith, A. B. Smith, Chas. C. Smith, V. T.
Story Tabb Thomas Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 1.
The Bill, having1 received the requisite constitutional majority, was passed.
Mr. Matthews of Clarke asked unanimous consent that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission, and for other purposes.
The consent was granted and the House has reconsidered.
Under the General Order of Business established by the Committee on Rules, the following Bill of the Senate was again taken up:
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to create the Georgia State Scholarship Commission; to authorize and empower the Commission to activate, in-
THURSDAY, FEBRUARY 25, 1965
1135
augurate and conduct a program to provide for the granting of scholar ships to students desiring to pursue a program of study in the para medical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and condi tions for the granting of such scholarships; to prescribe the membership and officers of the Commission; to provide the appointment or election of said members and officers and their terms in office; to provide for an Executive Director and prescribe his authority and duties; to provide for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum requirement for the transac tion of business; to prescribe the duties of the Commission; to authorize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees and for the Executive Director; to authorize and empower the Commission to formulate proper and neces sary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Commission; to pro vide for the making of contracts between the Commission and the re cipients of scholarships to provide for budgetary and appropriation pro cedures; to provide further the procedures connected with the fore going; to repeal an Act creating the Georgia State Scholarship Com mission, approved March 18, 1964 (Georgia Laws 1964, p. 699) and to abolish the Commission created thereunder; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Creation of State Scholarship Commission.--There is hereby created a Commission to be known as the Georgia State Scholarship Commission, which is authorized and empowered to grant scholarships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a pro gram of study in the paramedical field and other professional and edu cational fields of study as approved by the Commission, with the ex ception of the program leading to the degree of Doctor of Medicine.
SECTION 2
Terms and Conditions of Scholarships.--The terms and conditions governing the scholarships shall be prescribed and formulated by the State Scholarship Commission, but shall include the condition that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when ap proved by the Commission, in cash with interest at the rate of four
1136
JOURNAL OF THE HOUSE,
(4%) per cent per annum, said interest to accrue from the date each payment is made.
SECTION 3
Members of the Commission.--The State Scholarship Commission hereby created, shall be the members of the Board of Directors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, authority and re sponsibility to govern and administer the program of the State Scholar ship Commission, as provided by law.
SECTION 4
Terms of members of the Commission.--The terms of office of mem bers of the State Scholarship Commission shall be the same, and run concurrently, with the terms of Directors of the Georgia Higher Edu cation Assistance Corporation, as provided by the Act creating the Corporation.
SECTION 5
Officers of the Commission.--The officers of the Commission shall consist of a Chairman, Vice Chairman and Executive Director. The Chairman and Vice Chairman shall be elected by the Commission from its membership. Members of the Commission shall receive as compensa tion for their services a per diem of twenty ($20.00) dollars and ex penses for travel and lodging.
The Executive Director of the Commission shall also serve as Treas urer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. He shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act.
The Chairman shall be authorized to appoint subcommittees com posed of representatives from each profession represented in the schol arship program to assist in the selection of recipients for scholarships in that particular profession. Persons appointed to the subcommittees shall not receive any compensation for their services but shall be re imbursed for expenses of travel and lodging.
THURSDAY, FEBRUARY 25, 1965
1137
SECTION 6
Vacancies in office.--Vacancies for any cause shall be filled by ap pointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim.
SECTION 7
Meetings.--The Commission shall meet at least once in each fiscal year and may meet at such other times as the Chairman may designate by giving at least five (5) days notice. A majority of members shall constitute a quorum for the transaction of business.
SECTION 8
Duties of the Commission.--In accordance with the provisions of this Act, the Commission shall formulate all rules and regulations necessary for the efficient and effective conduct of the scholarship program; prepare and supervise the issuance of public information con cerning the provisions of this Act; prescribe the form asd regulate the submission of applications for scholarships; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or disallow all applications for scholarships, or renewal of scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and to manage, operate and control all funds appropriated for this purpose.
It shall be the further duty of the Commission to approve the com munity or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has been established by a full investigation by the Commission.
(a) Eligibility for Scholarship.--An applicant may be eligible for the award of a scholarship when the following conditions are met:
(1) that he is a bona fide resident of Georgia;
(2) that he is a person of good moral character;
(3) that he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to an educational institution approved by the Commission;
(4) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires;
(5) that he has superior capacity to profit by the course of study for which he seeks aid.
1138
JOURNAL OF THE HOUSE,
In determining an applicant's superior capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record; the results of examinations conducted under the pro visions of this Act; and the results of interviews and such other tests or examinations which the Commission may deem advisable. In estab lishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family.
(b) Amount of Scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized institutions.
(c) Payment of Scholarship Grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship.
(d) Renewal of Scholarships.--Each scholarship is renewable an nually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Commission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a student in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Act.
(e) Annual report of the Commission.--The Commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget requesting the funds necessary for the operation of the Commission. The report shall also include an accounting of repayments of scholarships, whether by services or in cash of four (4%) per cent interest.
SECTION 9
Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Commission agreeing to the terms and conditions upon which the scholarship shall be granted to him which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia and shall be signed by the Chairman of the Commis sion, countersigned by the Executive Director and shall be signed by the applicant. For the purpose of this Act, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby
THURSDAY, FEBRUARY 25, 1965
1139
declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commission on any contract.
The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed suf ficient by the Commission.
SECTION 10
(a) For budgetary and appropriation purposes the Commission shall specify the various classifications of purposes for which scholarships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated that the appropriation to the Commission shall be in an amount for each such classification.
(b) Payment of funds to Commission.--All payments of funds ap propriated for scholarships hereunder shall be made by requisition of the Commission signed by the Executive Director directed to the State Budget Officer who shall thereupon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requisition and pay able to the Executive Director as designated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds appropriated by the General Assembly for the purposes provided for in this Act.
(c) Deposit and Expenditure of funds by the Commission.--All funds made available to the Commission by Act of the General As sembly for the payment of scholarships to recipients, and for the pur pose of defraying expenses of the Commission and the salaries of the Executive Director and employees shall be paid over and received by the Treasurer of the Commission and by him deposited in some solvent bank within the State of Georgia, selected by the Commission, and such funds may be drawn and expended by check or warrant signed by the Chairman and attested by the Executive Director.
SECTION 11
Effective date.--This Act shall become effective on July 1, 1965. Provided, however, the Governor shall appoint the Commission created by this Act on or before July 1, 1965.
SECTION 12
Repealer.--The Act creating the Georgia State Scholarship Com mission, approved March 18, 1964 (Ga. L. 1964, p. 699), is hereby re pealed in its entirety and the Commission created thereunder is hereby abolished. All laws and parts of laws in conflict with this Act are hereby
repealed.
1140
JOURNAL OF THE HOUSE,
The following amendment to the substitute was read and adopted:
Mr. Matthews of Clarke moves to amend substitute to SB 7 as follows:
To amend the proposed Act by inserting after the semicolon on line 7 the following:
"and with the further exception of the Georgia State Teacher Scholarship Program administered by the State Department of Education."
And to further amend the proposed Act by inserting after the word "medicine" on page 2, section 1, line 9, the following:
"and with the further exception of the Georgia State Teacher Scholarship Program administered by the State Department of Education."
The substitute as amended was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Andersen Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Brooks, Wilson Brown, M. P. Bynum Byrd
Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Davis Dean DeVane Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans
Farrar Floyd Flynt Gary Grahl Harrell Harrington Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, B. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Laite
THURSDAY, FEBRUARY 25, 1965
1141
Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Maundin McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Odom Oglesby Otwell Overby Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rush Russell Savage Sewell Shea Shuman
Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Strickland Sweat Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Wells Wiggins Williams, G. J. Wilson Woodward
Those not voting were Messrs. :
Abney Acree Balkcom Bolton Brantley Brooks, Geo. B. Brown, Gene Busbee Caldwell Conner Dailey DeLoach Dickinson
Dorminy
Doster
Etheridge
Fulford
Griffin
Griffis
Hale
Hall
Harris, J. F.
Harris, J. R.
Harris, R. W. Houston Hull Jessup Jones, C. M. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, G. B. Leonard Lovett
Lowrey
Matthews, D. R.
Mauney
McClelland
Mitchell
Moore, Don C.
Newton, D. L.
Pafford
Page
Poss
Rainey Roberts Roper Ross Rowland Simkins Simmons Smith, A. B. Smith, V. T. Snow Steis Story Tabb
Thomason
Walker
Watkins
Watson
White
Williams, W. M.
Wright
Mr. Speaker
1142
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 0.
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 467. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure unin vested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans, and for other purposes.
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.:
Acree Alien Anderson Arnsdorff Bagby Ballard Barber Beck Black Blair Blalock
Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr
Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dean
DeVane Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Fulford Gary
Grahl Harrell Harrington Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S.
Johnson, B. Jones, G. Paul Kelly Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Looper
THURSDAY, FEBRUARY 25, 1965
1143
Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollm Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S.
Odom Oglesby Overby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reid Richardson Ross Rush Russell Savage Sewell Shea Simmons
Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Strickland Sweat Thomas Tucker, J. B. Underwood Ware Wells Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs. :
Abney Balkcom Bedgood Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Conner Dailey Davis DeLoach Dickinson Dorminy Doster Etheridge Evans Flynt Griffin Griffis Hale Hall Harris, J. F. Harris, J. R. Harris, R. W. Houston
Hull Jessup Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Lambert Lee, G. B. Leonard Lewis, P. B. Lovett Lowrey McClelland McCracken Minge Moore, J. H. Murphy Newton, D. L.
Otwell Pafford Parker Poss Rainey Reaves Rhodes
Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Shuman Simkins Smith, A. B. Smith, G. L. II Smith, V. T. Snow Steis Story Tabb Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 124, nays 0.
1144
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lewis of Burke 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 467.
SR 52. By Senator Pennington of the 45th:
A RESOLUTION
Proposing an amendment to Article VII, Section II, Paragraph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products, so as to provide that the General Assembly may delegate its powers with respect thereto to any Agricultural Commodity Commission or other state agency established by law; to provide, in addition, that the General Assembly shall have the power to determine which of such products are affected with a public interest, in which event the General Assembly shall provide for, and may delegate its powers with respect to, regula tion of such product, in order to protect the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section II, Paragraph I-A of the Constitu tion of Georgia (Ga. Laws 1960, Vol. One, page 1245), providing for the promotion of production, marketing, sale, use and utilization, pro cessing and improvement of agricultural products, is hereby amended by adding to the end of said Paragraph I-A the following sentence:
"The General Assembly may delegate to any Agricultural Com modity Commission or other state agency, any of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products are affected with a public interest, and where such determination is made, it shall provide by law for the regulation of the handling, sale and production thereof and may delegate to any such Com mission or agency such of its powers with respect thereto as it deems advisable.",
so that said Paragraph, when so amended, shall read as follows:
"Paragraph I-A. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber
THURSDAY, FEBRUARY 25, 1965
1145
products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any com bination thereof. The General Assembly may provide a means of financing any such promotion by imposing assessments, fees, or other charges upon the sale or processing of the affected products and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assem bly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the applica tion of the program upon the affected products. The General As sembly may delegate to any Agricultural Commodity Commission or other state agency any of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products are affected with a public interest, and where such determination is made, it shall provide by law for the regulation of the handling, sale and pro duction thereof and may delegate to any such Commission or agency such of its powers with respect thereto as it deems ad visable."
Section 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the General Assembly may determine agricultural
NO ( ) products affected with a public interest; provide for regulation of the handling, production and sale there of; and may delegate to any Agricultural Commodity Commission or other state agency its powers with respect thereto and with respect to promotion of marketing and sales thereof?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall
1146
JOURNAL OF THE HOUSE,
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 Arnsdorff Balkcom Ballard Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Bowen, E. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dickinson Dixon Dollar
Dorminy Duncan Dunwody Evans Farrar Floyd Fulford Grahl Griffin Griffis Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McRae
Melton Merritt Milhollin Mixon Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Simkins Simmons Singer Smith, Chas. C. Smith, E. B. Jr.
Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat
THURSDAY, FEBRUARY 25, 1965
1147
Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware
Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Duncan Jordan, Ben C.
McDaniell Moate
Those not voting were Messrs.:
Anderson Bagby Barber Branch Busbee Bynum Caldwell Chandler Dailey Doster Etheridge Plynt Gary Hale Hall Harrell Harrington Harris, R. W.
Houston Hull Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lovett Lowrey McClelland McKemie Minge Mitchell Moore, Don C.
NeSmith, J. D. Pafford Page Paris Poss Rainey Rush Shea Shuman Smith, A. B. Smith, G. L. II Smith, V. T. Tabb Walker Watson Wilson Mr. Speaker
On the adoption of the resolution, the ayes were 147, nays 4.
The resolution, having received the requisite constitutional two-thirds ma jority was adopted.
Mr. Leonard of Murray 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 SR 52.
SB 6. By Senators Lee of the 47th and Pennington of the 45th: A bill to be entitled an Act to amend Code Chapter 84-15, relating
1148
JOURNAL OP THE HOUSE,
to the regulation of the practice of veterinary medicine, so as to com pletely and exhaustively revise the laws relating to the practice of veterinary medicine, and for other purposes.
The following amendment was read and adopted:
Mr. Newton of Colquitt moves to amend SB 6 as follows:
By striking from the fourth sentence of Code Section 84-1504 the words "or more".
By adding between the fourth and fifth sentences of said Code Section the following sentence:
"In the event the Governor shall not desire to appoint one of the persons so nominated, the Georgia State Veterinary Associa tion shall nominate three additional qualified persons and forward the nominations to the Governor."
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 order and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Blair Blalock Bolton Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wlison Brown, Gene Brown, M. P.
Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins Colwell Conger Crowe Dean DeVane Dickinson Dixon Dollar Dorminy
Duncan Fulford Grahl Griffis Harrell Harrington Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Kelly
THURSDAY, FEBRUARY 25, 1965
1149
Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Locper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L. Odum Oglesby Overby Page Paris Parker Peterson Phillips, L. L. Pickard Pope Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimniie Ross Rowland Rush Russell Savage Sewell Shea
Simkins Simmons Singer Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Thomas Tidwell Tucker, J. B. Underwood Ware Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.: Perry
Those not voting were Messrs.:
Black Bowen, J. O. Bowen, R. L. Brantley Conner Dailey Davis DeLoach Doster Duncan, A. C. Dunwody Etheridge Evans Farrar Floyd Flynt Gary Griffin
Hale Hall Harris, J. F. Harris, R. W. Hull Jessup Jones, C. M. Jones, G. Paul Jordan, W. H. Knight, D. W. Laite Lambert Lane Lee, G. B. Leonard Lovett Lowrey McClelland
Moore, J. H. Moses Otwell Pafford Phillips, G. S. Poss Rainey Roberts Roper Shuman Simpson Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Story Tabb Thomason
1150
Tucker, Ray M. Vaughn, C. R. Vaughan, D. N.
JOURNAL OF THE HOUSE,
Walker Watson Woodward
Mr. Speaker
On the passage of the Bill, as amended, the ayes were 142, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Perry of Marion stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
Mr. Lee of Clinch 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.
SB 2. By Senator Gordy of the 15th:
A bill to be entitled an Act to provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations, and for other purposes.
The following amendments were read and adopted:
Committee on Banks and Banking moves to amend SB 2 as follows:
By striking from the first sentence of Section 3 the following: "or the agent of a bank" and substituting in lieu thereof: "or an in corporated telegraph company which receives money at any of its of fices or agencies for immediate transmission by telegraph".
By striking from the first sentence of Section 8, Subsection (a) the word "ten" where it appears after the word "within" and before the word "days" and inserting in lieu thereof the word "thirty".
By striking Section 8, Subsection (b) in its entirety and inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) A licensee shall give notice to the Superintendent by registered or certified mail of any increase in the number of locations at which he engages in the business of selling or issuing checks over the number previously reported under Section 5(a) (4) in either his original or renewal application immediately, and shall show to the
THURSDAY, FEBRUARY 25, 1965
1151
Superintendent that the bond or securities required under Sections 5(d) or5(e) have been increased accordingly. This notice shall be given quarterly within 30 days after the end of each calendar quar ter, and, if not given, such new location will not be considered as in cluded under the licensee's license under this Act. At any time the Superintendent is shown that a licensee has decreased the number of locations at or through which he proposes to engage in the busi ness, the Superintendent may decrease the bond or security require ment accordingly."
By adding in the second sentence of Section 9 between the word "may" and the word "for" the following: "within ten days after ap plication".
By striking from the first sentence of Section 11 the words "or without" as they appear after the word "within" and before the word "this".
By adding in Section 18 immediately after Subsection (d) a new subsection to be designated Subsection (e) to read as follows:
"(e) Any agent of a licensee, or such agent's employee, who is authorized to sell or issue checks on behalf of a licensee, who shall issue checks directly or indirectly to or for his own benefit, or who shall sell or issue checks without accepting funds therefor, or who shall sell or issue checks and fail to remit to the licensee the proceeds from the sale or issuance of such checks, shall be guilty of a felony in addition to other remedies provided by law, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years, but on the recommen dation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case sees proper, he may, in fixing the punishment, reduce such felony to misdemeanor."
Mr. Pickard of Muscogee moves to amend SB 2 as follows:
Section 5(4) (e) By striking the words "in the first place" from the twenty-first line of said paragraph, so that the last paragraph of said Section beginning with the words "In the event of" shall read as follows:
'"In the event of the failure or insolvency of such licensee, the securities, any proceeds therefrom, and the funds deposited pur suant to this Section, shall be applied to the payment in full of claims arising out of transactions in this State for the sale or issuance of checks."
Amendment to Senate Bill 2 Section 9 by adding at the end of Section 9 the following words beginning after the last word of the paragraph as follows: "or other locations at which the superintendent has been notified."
1152
JOURNAL OF THE HOUSE,
Section 5(4) By adding the words "within the State of Georgia" immediately following the words "issuing checks" found in the fourth line.
Section 5(4) (d) By adding an additional paragraph which, as amended, shall read as follows:
"Provided, however, that the liability arising hereunder shall be limited with respect to the receipt, handling, transmission and payments of money arising out of the licensee's business of selling or issuing checks in this State."
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 Balkcom Ballard Barber Beck Black Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Colwell Conger Crowe Davis Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Fulford Gary Grahl Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell
Hudgins Hull
Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Milhollin Mitchell Mixon
THURSDAY, FEBRUARY 25, 1965
1153
Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, L. L. Pickard Pope
Poss Potts Rainey Reaves Reid Rogers, Jimmie
Ross Rowland Rush Russell Savage Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Strickland Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.: Vaughan, D. N.
Those not voting were Messrs.:
Bedgood Blair Branch Brantley Brooks, Wilson Bynum Clark, J. T. Conner Dailey Dean DeLoach DeVane Floyd Flynt Griffin Griffis Hall Houston Jones, F. C.
Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lovett Lowrey Marshall McClelland McCracken Merritt Minge Odom Pafford Phillips, G. S. Rhodes Richardson Roberts
Rodgers, H. B. Roper Sewell Shea Shuman Simmons Simpson Smith, A. B. Smith, G. L. II Smith, J. R. Story Sweat Tabb Vaughn, C. R. Wilson Woodward Mr. Speaker
On the passage of the bill, as amended, the ayes were 148, nays 1.
The bill having received the requisite constitutional majority, was passed, as amended.
1154
JOURNAL OP THE HOUSE,
HB 394. By Messrs. Paris of Barrow, Murphy of Haralson and others:
A bill to be entitled an Act to amend an Act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses, and for other purposes.
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 Babby Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. O. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Davis Dickinson
Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Gary Grahl Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, Dr., A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lewis Looper Luke Maddox
Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Richardson
THURSDAY, FEBRUARY 25, 1965
1155
Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Singer Smith, Chas. C. Smith, G. L. II Smith, V. T.
Snow Spikes Spillers Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Bedgood Bowen, R. L. Bynum Caldwell Clark, J. T. Conner Dailey Dean DeLoach DeVane Doster Etheridge Floyd Flynt Griffin, E. E. Griffis, V. D. Hall Houston Hull Jessup
Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lewis, P. B. Lovett Lowrey McClelland McCracken McKemie Minge Mitchell Moore, J. H. Newton, D. L. Pafford
Rhodes Roberts Rodgers, H. B.
Roper Shuman Simkins Simmons
Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R.
Story Strickland Tabb
Vaughn, C. R. Wilson Woodward 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 163. By Mr. Murphy of Harlason:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said Act shall be limited to the sole purpose of determining the cause of death, and for other purposes.
1156
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. Brooks of Fulton moves to amend HB 163 by adding on next to the last line thereof after the word "leave" the following language:
"to provide for the punishment for the violation of this Act" and, by adding a new paragraph at the end of Section I to read as follows:
"Any person who violates the provisions of this Act shall be guilty of a misdemeanor and punished as provided by law."
Murphy of Haralson moves to amend HB 163 as follows: By striking the quoted Section 20 A as same appears in Section 1 and inserting in lieu thereof the following Section 20 A.
"Section 20A. Notwithstanding any other provisions of this Act, all post mortem examinations and/or autopsies performed pursuant to the provisions of this Act shall be limited to the sole purpose of determining the cause and manner of death unless other wise authorized by proper persons. In the event any vitals, organs, bone, tissue or other matter is removed from on or in the dead body upon which a post mortem examination and/or autopsy is performed, the vitals, organs, bone, tissue or other matter shall be returned on or in said dead body upon the completion of the post mortem examination and/or autopsy except fluids and those parts of said dead body needed for miscroscopid or toxicological examina tion, and it shall be the duty of the person in charge of the body to see that such vitals, organs, bone, tissue or other matter is re stored to the body. Provided, however, coroners, medical examiners or any other person acting in their place and stead may authorize any vitals, organs, bone, tissue or other matter to be withheld from a dead body when such withholding is clearly in the furtherance of justice. In the event a coroner, medical examiner or any other person acting in his place and stead shall authorize any vitals, organs, bone, tissue or other matter to be withheld from a dead body upon which a post mortem and/or autopsy is performed, the person legally entitled to the dead body for burial shall be notified of such fact if the dead body is claimed and such notice shall contain a list of the vitals, organs, bone, tissue or other matter so withheld, the purpose for which it or they were withheld, the place same are located and what disposition shall be made of them after completion of the examination or other use of such vitals, organs, bone, tissue or other matter. The withholding of any vitals, organs, bone, tissue or other matter from on or in a dead body without giving written notice as herein required to the person legally entitled to such dead body for burial if said dead body is claimed shall be prima facie evidence of intent to steal, take and carry away the same."
The report of the House, which was favorable to the passage of the Bill, was agreed to, as amended.
THURSDAY, FEBRUARY 25, 1965
1157
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 Arnsdroff Balkcom Beck Black Blair Blalock Bolton Bowen, J. O. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Gary Grahl
Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie Merritt Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom
Oglebsy Otwell Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Rogers, Jimmie Roper Ross Rush Savage Sewell Shea Singer Smith, Chas. C. Snow Spikes Spillers Stalnaker Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watson White Wiggins Williams, G. J. Wilson Wright
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JOURNAL OP THE HOUSE,
Voting in the negative was Mr. W. M. Williams.
Those not voting were Messrs.:
Bagby Ballard Barber Bedgood Bowen, R. L. Branch Conner Dailey DeLoach DeVane Etheridge Floyd Flynt Griffin Griffis Hall Harris, R. W. Hull Jessup
Johnson, B. Jones, G. Paul Jordan, W. H. Knight, D. W. Lambert Lee, F. S. Lovett Lowrey Maddox McClelland McCracken McRae Melton Minge Newton, D. L. Overby Pafford Rainey Roberts
Rodgers, H. B. Rowland Russell Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Steis Story Vaughn, C. R. Watkins Wells Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Harris of DeKalb stated that he was not in the Hall of the House at the time the roll was called and was unaware that his machine had been voted, but had he been present he would have voted "Nay" on HB 163.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
FRIDAY, FEBRUARY 26, 1965
1159
Representative Hall, Atlanta, Georgia Friday, February 26, 1965
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 Rev. Charles Osbourne, Pastor, First Baptist Church, Decatur, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of 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. Smith of Emanuel asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
SB 22. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act establishing the Teachers
1160
JOURNAL OF THE HOUSE,
Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes.
The consent was granted and the House has reconsidered.
The following report of the Rules Committee was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Friday, February 26, 1965, and submits the following:
HB 102. Probation Act, Officer in Charge. HB 104. Income Tax, Time Assessed. HB 130. Bond Increase, Sheriff. HB 131. Clerks Superior Court, Bond Increase. HB 132. Clerk of Ordinaries, Bond. HB 134. Income Tax, Deduction. HB 226. Tax Commissioner, Overage. HB 289. Highways, Closing (reconsidered). HB 325. Deputy Sheriff, Jury Duty. HB 413. Airports, Landing Facilities. HB 463. Adoption Laws, Amend. HB 488. Cooperative Marketing Act.
The Speaker shall have the right to call the above Bills and Reso lutions in any order which he may desire.
Respectfully submitted,
Carr of Washington, Secretary.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committes:
HB 537. By Messrs. Herndon of Appling, Rush of Tattnall, and Thomas of Wayne: A Bill to be entitled an Act to amend an Act levying a tax on cigars,
FRIDAY, FEBRUARY 26, 1965
1161
cheroots and stogies, so as to change the tax on certain cigarettes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 538. 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 Appling County, so as to provide for an annual audit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 539. By Mr. Griffis of Cook:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide a maximum license fee for private trucks hauling livestock; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 540. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to abolish the present mode of compensat ing the sheriff of Bleckley County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 541. By Mr. Byrd of Walton:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Walton County, so as to change the compensation of the members of the board except the chairman; and for other purposes.
Referred to the Committee on Local Affairs.
HB 542. By Mr. Looper of Dawson:
A Bill to be entitled an Act to amend Code Chapter 95-17, relating to State-aid roads, so as to allow the use of convict labor by the State Highway Department; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 543. By Mr. Looper of Dawson:
A Bill to be entitled an Act to provide for supplemental compensation for the Ordinary of Dawson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 544. By Mr. Looper of Dawson:
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 from the tax imposed by said Act the sale of all drugs and medicines which require a prescription from a licensed physician prior to their sale to the general public and all funeral supplies; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 545. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Fannin County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Looper of Dawson asked unanimous consent that the following Bill of the House be engrossed.
HB 546. By Messrs. Looper of Dawson and Colwell of Union:
A Bill to be entitled an Act to be known as "The Alcohol Bverage Con trol Act"; to provide for a Department of Alcohol Beverage Control; and for other purposes.
The consent was granted and HB 546 was ordered engrossed and was re ferred to the Committee on Judiciary.
HB 547. By Messrs. Bowen, Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Health Code", so as to provide that the principal city having a popula tion of 23,000 or more shall contribute not less than fifty percent of the health budget derived from local funds; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 26, 1965
1163
HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act amending Code Section 92-6201 providing for the time for making tax returns in certain coun ties, so as to provide that the Tax Commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes.
Referred to the Committee on Local Affairs.
HB 549. By Mr. NeSmith of Meriwether:
A Bill to be entitled an Act to promote the safety of the traveling public and employees of common carriers by railroad; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 550. By Mr. Harris of Glynn:
A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases; acceptance by sheriffs and con stables, so as to provide that sheriffs and constables may accept cog nizance bonds in certain misdemeanor cases involving military personnel; and for other purposes.
Referred to the Committee on Judiciary.
HB 551. By Messrs. Minge and Lowrey of Floyd and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside this State; and for other purposes.
Referred to the Committee on Judiciary.
HR 208-551. By Messrs. Newton and Matthews of Colquitt:
A Resolution adopting a new song, "Georgia Is The State For Me", as the official State Song; and for other purposes.
Referred to the Committee on Judiciary.
HB 552. By Messrs. Sewell and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act relating to the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties, so as to change the compensation to be allowed said tax commissioner or tax
1164
JOURNAL OP THE HOUSE,
collector acting as an agent of the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.
HB 553. By Mr. Knight of Laurens:
A Bill to be entitled an Act to amend an Act providing a new charter for the town of Dexter, so as to change the date for holding municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and Wiggins of Carroll:
A Bill to be entitled an Act to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceed ings upon which the bond is conditioned; and for other purposes.
Referred to the Committee on Judiciary.
HB 555. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to the arbitration of tax assessments, so as to change the time limit within which a dissatisfied taxpayer may give notice to the board; and for other purposes.
Referred to the Committee on Ways and Means.
HB 556. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled "An Act to comprehensively and exhaustively revise, supersede, and modernize ap pellate and other post-trial procedure in civil and criminal cases;" approved February 19, 1965, being Act No. 16 of the regular 1965 Session of the General Assembly; and for other purposes.
Referred to the Committee on Rules.
HB 557. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 23,000 and not more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 26, 1965
1165
HR 209-557. By Messrs. Luke of Richmond, Shea, Richardson and Sewell of Chatham, Jones of Bibb, Brooks of Fulton and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the self-govern ment of certain counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 558. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, Murphy of Haralson, Wiggins of Carroll, Alien of Tift and Rush of Tattnall:
A Bill to be entitled an Act to provide for the covering, filling or otherwise making safe abandoned open wells or holes; and for other purposes.
Referred to the Committee on Judiciary.
HR 210-558. By Messrs. Steis of Harris, Duncan, McDaniell and Jordan of Cobb:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 211-558. By Messrs. Steis of Harris, Floyd of Chattooga and Brown of Bacon:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the County of Glynn to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Sections 92-2401, 92-2402 and 92-2405 relating to the imposition, assessment, reporting and col lection of the annual license or occupation tax on corporations, so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for income tax; and for other pur poses.
Referred to the Committee on Ways and Means.
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JOURNAL OF THE HOUSE,
HB 562. By Messrs. McClelland, Brooks and 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 of said Circuit, so as to fix the compensa tion of the Solicitor General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 563. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to fix the salaries of the Judges of Juvenile Courts in counties having a population of 500,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish the Criminal Court of Atlanta", so as to adjust, increase and fix the annual salaries of the Judges and the Solicitor General of said Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 566. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act fixing the compensation of commissioners of roads and revenues in counties in this State hav ing a population in excess of 500,000, so as to provide that the pay of such commissioners shall be $6,000.00 per annum; payable in equal monthly installments; and for other purposes.
Referred to the Committeee on Local Affairs.
HB 567. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges of said court; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 26, 1965
1167
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke, Coker of Cherokee, Tucker of Catoosa, Abney of Walker, Bagby of Paulding, and others:
A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes.
Referred to the Committee on Judiciary.
HB 569. By Messrs. Story of Gwinnett, Jones of Bibb and Brooks of Oglethorpe:
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 expenditure of funds by the highway board; and for other purposes.
Referred to the Committee on Highways.
HR 212-569. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Hale of Dade, Brooks of Fulton:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the Rules were suspended in order that the following Bills and Resolution of the House could be read for the first time and referred to the Committees:
HB 576. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend Code Section 92-3119, relating to the basis for determining gain and loss for income tax purposes from sales or exchange of capital assets, so as to provide a method whereby a taxpayer may elect to consider cutting of timber as a sale or exchange of property; and for other purposes.
Referred to the Committee on Judiciary.
HR 215-576. By Mr. Smith of Grady:
A Resolution authorizing the conveyance of certain property to Grady County; and for other purposes.
Referred to the Committee on Rules.
1168
JOURNAL OF THE HOUSE,
HB 582. By Messrs. Harris, Bowen and Farrar of DeKalb, Spillers of Newton and Vaughn of Rockdale:
A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes.
Referred to the Committee on Judiciary.
HB 583. By Messrs. Pope of Cherokee, Thomason of Pickens, Otwell of Forsyth and Duncan of Fannin:
A Bill to be entitled an Act to amend an Act creating emeritus offices for certain State House officials; and for other purposes.
Referred to the Committee on Judiciary.
HB 585. By Messrs. Herndon of Appling, Thomas of Wayne, Lewis of Wilkinson, Looper of Dawson, Colwell of Union and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to local financial ability; and for other purposes.
Referred to the Committee on Education.
HB 586. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend Code Section 94-506, relating to the location of railway blowposts and signals required of locomotives approaching crossings, so as to change the location of railway blowposts; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 588. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, 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:
HB 501. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to create a basic science law to be known as the "Georgia Basic Science Law"; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1169
HB 502. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to change the compensation of the chairman of the board; and for other purposes.
HB 503. By Messrs. Alien and Branch of Tift: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to change the date when the commissioners shall begin their terms of office; and for other purposes.
HB 504. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes.
HB 505. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court, the Ordinary, the Tax Collector, and Tax Receiver of Ware County on a salary system, so as to change the pro visions relative to the employment of personnel; and for other purposes.
HB 506. By Mr. Jones of Liberty:
A Bill to be entitled an Act to create and incorporate the Town of Allenhurst and grant a Charter to that municipality under that name and style; and for other purposes.
HB 507. By Messrs. Knight of Berrien, Ballard of Newton, Simpson of Wheeler and Moses of Montgomery:
A Bill to be entitled an Act to create a court reporter's retirement system; and for other purposes.
HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes.
1170
JOURNAL OF THE HOUSE,
HB 509. By Messrs. Brooks of Fulton, Steis of Harris and Evans of McDuffie:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to the liability of an insurer for damages and attorney's fees for refusal to pay certain losses covered by a policy of insurance, so as to provide that the insurer shall be liable to pay the holder of a policy of insurance, in addition to the loss damages or reasonable attorney's fees, or both for the prosecution of the case against the insurer for certain losses; and for other purposes.
HB 510. By Messrs. Evans of McDuffie, Steis of Harris and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to the liability of an insurer for damages and attorney's fees for refusal to pay certain losses covered by a policy of insurance, so as to provide that a finding by the jury in a verdict that plaintiff is entitled to attorney's fees, or penalty, or both, shall constitute a finding that bad faith exists; and for other purposes.
HB 511. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to remove the provision requiring the written approval of the judge of the superior court of the county in order for the court of ordinary to exercise jurisdiction for hospitalization of certain alleged mentally ill persons; and for other purposes.
HB 512. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other pur poses.
HB 513. By Messrs. Steis of Harris and Dean of Polk:
A Bill to be entitled an Act to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to remove the provision requiring a copy of the applica tion for involuntary hospitalization of an alleged mentally ill person to be forwarded to the court of ordinary of the alleged mentally ill person's residence and the posting of a copy thereof; and for other purposes.
HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty, so as to provide
FRIDAY, FEBRUARY 26, 1965
1171
for the appointment of more than one judge pro hac vice; and for other purposes.
HB 515. By Messrs. Lowrey of Floyd, Matthews of Colquitt, Wells of Oconee, Dorminy of Ben Hill, Milhollin of Coffee, Pafford of Lanier, Laite of Bibb and Newton of Colquitt:
A Bill to be entitled an Act to create within the Department of Agri culture the Division of Institutional Farms; and for other purposes.
HB 516. By Messrs. Harris of DeKalb, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities join ing in the creation of a hospital authority; and for other purposes.
HB 517. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to repeal an Act entitled "An Act to pro vide that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a com mission of 1 % % of the net amount collected by the county tax col lector;"; and for other purposes.
HB 518. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other purposes.
HB 519. By Messrs. Newton of Colquitt and Dunwody of Bibb:
A Bill to be entitled an Act to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, so as to provide that Section 11 of said Act shall not apply to any person, firm, or corporation who manufactures, sells or offers for sale anything under the name of "ice cream" if this product is to be sold outside the State of Georgia; and for other purposes.
HB 520. By Mr. Laite of Bibb:
A Bill to be entitled an Act to provide for the reporting of the number of students attending integrated schools to the State Board of Educa tion by the various local units of administration; and for other pur poses.
1172
JOURNAL OP THE HOUSE,
HB 521. By Messrs. Shea, Sewell and Richardson of Chatham:
A Bill to be entitled an Act to carry into effect the provisions of the Constitutional Amendment reported in Georgia Laws 1964, p. 986, au thorizing the General Assembly to provide that the Mayor and Alder men of the City of Savannah and Chatham County may contract for the consolidation and combining of the County and City Board of Tax Assessors; and for other purposes.
HR 204-521. By Messrs. Thomas of Wayne, Balkcom of Quitman, Black of Webster, Tabb of Miller, Rogers of Long and Wilson of Brantley:
A Resolution proposing an amendment to the Constitution so as to provide for the exemption from all ad valorem taxation certain farm ing and agricultural implements; and for other purposes.
HB 522. By Mr. DeVane of Schley:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Schley County, known as the fee system; and for other purposes.
HB 523. By Messrs. Mauldin of Franklin and Blalock of Coweta:
A Bill to be entitled an Act to designate "perpetual care" and "no perpetual care" cemeteries; to provide for a State Cemetery Board to administer this Act; and for other purposes.
HB 524. By Messrs. Pope of Cherokee, Overby of Hall and Coker of Cherokee:
A Bill to be entitled an Act to be known as the "Georgia Vaccine Per mit Act" to safeguard the public health and promote the public welfare; and for other purposes.
HB 525. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry; and for other purposes.
HB 526. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act relating to the exemption of property from taxation, so as to redefine the word "production" as used in this Act; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1173
HB 527. By Messrs. Clarke of Monroe, Smith of Lamar, Tucker of Henry and Woodward of Butts:
A Bill to be entitled an Act to amend an Act placing the solicitorgeneral of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for a contingent expense allowance for the solicitor-general of said Circuit to be paid by the counties composing said Circuit pro rata upon the basis of taxable property; and for other purposes.
HB 528. By Mr. Carr of Washington:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Washington County, known as the fee system; and for other purposes.
HB 529. By Mr. Carr of Washington:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Washington, so as to provide for centralized purchasing; and for other purposes.
HB 530. By Mr. Carr of Washington:
A Bill to be entitled an Act to abolish the present method of compensat ing the clerk of the superior court of Washington County, known as the fee system; and for other purposes.
HB 531. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend the Georgia Insurance Code so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retire ment and profit sharing plans providing benefits payable in fixed or variable dollar amounts; and for other purposes.
HB 532. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to amend Chapter 25-1 of the Code of Georgia of 1933, concerning the incorporation, organization and regula tion of credit unions, so as to prescribe a new procedure for the incor poration of credit unions and for amending their charters and by laws and for the renewal of their charters; and for other purposes.
HB 533. By Messrs. Shea of Chatham, Fulford of Terrell, Jones and Pickard of Muscogee, Knight of Berrien, Smith of Camden, Dunwody and Laite of Bibb, Anderson of Pulaski and others:
A Bill to be entitled an Act to amend an Act known as the "Revenue
1174
JOURNAL OF THE HOUSE,
Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that municipalities and counties shall have the authority to require every person, firm or corporation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount thereof; and for other purposes.
HB 534. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to any fraudulent scheme, device, means or method to avoid payment of the lawful price, charge or toll for telephone or telegraph communications, so as to make it unlawful for any person to avoid or attempt to avoid telephone or telegraph charges by the use of any fraudulent device; and for other purposes.
HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren, Mitchell of Whitfield, Anderson of Pulaski, Moore of Stephens, Leonard of Murray, Milhollin of Coffee, Williams of Hall and many others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or municipality thereof, shall be distinctly painted, marked and lettered; and for other purposes.
HB 536. 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, so as to authorize the commissioners of said city to sell and convey a certain tract of land; and for other purposes.
HB 559. By Messrs. Houston of Pierce and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Section 22-1102, relating to where suits may be brought on contracts or for torts and how service may be effected, so as to provide that suits for damages for libel shall be deemed to have originated in the county of the residence of the per son libeled provided the libelous matter was published and circulated in such county; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 560. By Messrs. Odom of Dougherty, Floyd of Chattooga, Grahl of Peach, Tidwell of Crawford, Savage of Macon and many others:
A Bill to be entitled an Act to amend Code Section 56-1303, relating to the tax imposed upon the gross direct premiums received by insurance companies in Georgia, so as to increase the tax upon certain insurance
FRIDAY, FEBRUARY 26, 1965
1175
companies writing policies of fire insurance and related hazards to dwellings; and for other purposes.
Referred to the Committee on Ways and Means.
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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 515. Do Pass as Amended. HB 519. Do Pass.
Respectfully submitted,
Newton of Colquitt, Chairman.
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 fol lowing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 86-121. Do Pass as Amended. HR 69-117. Do Pass as Amended. HR 29- 47. Do Pass as Amended. HR 25- 43. Do Pass as Amended. HR 32- 58. Do Pass as Amended. HB 475. Do Pass. HB 496. Do Pass.
Respectfully submitted,
Blalock of Coweta, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Conger of Decatur 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 Bill of the House and has instructed me as Chairman, to report the same back to the house with the following recommendation:
HB 532. Do Pass.
Respectfully submitted,
Conger of Decatur, Chairman.
Mr. Smith of Whitfield 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 485. Do Pass. HB 524. Do Pass.
Respectfully submitted,
Smith of Whitfield, Chairman.
Mr. Smith of Whitfield 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 197. Do Pass as Amended.
Respectfully submitted,
Smith of Whitfield, Chairman.
FEIDAY, FEBRUARY 26, 1965
1177
Mr. Harris of DeKalb County, Vice-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 Senate and has instructed me as Chairman, to report the same back with the following recommendations:
SR 14. Do Pass by Substitute. HB 386. Do Pass as Amended. HB 533. Do Pass. HB 554. Do Pass. HB 534. Do Pass. SR 42. Do Pass as Amended. SR 43. Do Pass. SR 7. Do Pass. HB 583. Do Pass. HB 568. Do Pass. HB 527. Do Pass. HB 518. Do Pass. HB 395. Do Pass as Amended. HB 478. Do Pass. HB 516. Do Pass. HB 558. Do Pass. HB 509. Do Pass. HB 510. Do Pass.
Respectfully submitted,
Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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
1178
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 448. Do Pass. HB 479. Do Pass. HB 502. Do Pass. HB 503. Do Pass. HB 505. Do Pass. HB 506. Do Pass. HB 514. Do Pass. HB 517. Do Pass. HB 521. Do Pass. HB 522. Do Pass. HB 528. Do Pass. HB 529. Do Pass. HB 530. Do Pass. HB 536. Do Pass.
Respectfully submitted,
Tucker of Catoosa, Chairman.
Mr. Tucker of Catoosa County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 79. Do Pass by Substitute.
Respectfully submitted,
Tucker of Catoosa, Chairman.
Mr. Williams of Hall County, Chairman of the Committee on Motor Vehicles, submitted the following report:
FRIDAY, FEBRUARY 26, 1965
1179
Mr. Speaker:
Your Committee on Motor Vehicles 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 535. Do Pass by Substitute.
Respectfully submitted,
Williams of Hall, Chairman.
Mr. Carr of Washington County, Secretary of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me as Secretary, to report the same back to the House with the following recommendation:
SB 102. Do Pass as Amended.
Respectfully submitted,
Carr of Washington, Secretary.
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 of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HB 350. Do Pass by Committee Substitute.
Respectfully submitted,
Bolton of Spalding, Vice-Chairman.
Mr. Smith of Grady County, Chairman of the Committee on Rules, sub mitted the following report:
1180
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 492. Do Pass.
Respectfully submitted,
Smith of Grady, Chairman.
Mr. Bagby of Paulding 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 210. Do Pass by Substitute. HB 133. Do Pass by Substitute.
Respectfully submitted,
Bagby of Paulding, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 63. By Mr. Conner of Jeff Davis:
A Bill to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1181
HB 150. By Mr. Conger of Decatur:
A Bill to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of this State, so as to provide that the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered by the Superintendent of Banks as provided by law shall not be used in the name of a corporation chartered under said Act; and for other purposes.
HB 151. By Mr. Conger of Decatur:
A Bill to amend Code Section 13-2023, 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 153. By Mr. Conger of Decatur:
A Bill to amend Code Chapter 13-20 relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts; and for other purposes.
HB 244. By Messrs. Vaughn and Harris of Bartow:
A Bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes.
HB 302. By Mr. Phillips of Columbia:
A Bill to fix, allow and provide for the compensation of the Clerk of the Superior Court, the Sheriff and the Tax Commissioners of Columbia County; to provide for the collection, disposition and accounting of all fees, emoluments and perquisites; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 303. By Mr. Phillips of Columbia:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the com pensation of the chairman and executive officer of said board; and for other purposes.
1182
JOURNAL OF THE HOUSE,
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 42. By Mr. Hale of Dade:
A Bill to provide that a certified copy of a deed or any other instrument affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instrument; and for other purposes.
HB 152. By Mr. Conger of Decatur: A Bill to amend Code Sec. 13-2015, pertaining to limitations on invest ment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment; and for other purposes.
HB 255. By Mr. Acree of Towns: A Bill to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes.
HB 262. By Messrs. Story of Gwinnett and Moore of Polk: 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 change certain provisions relative to retirement on disability and cer tain benefits; and for other purposes.
HR 108-138. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A Resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes.
HB 35. By Mr. Smith of Lamar:
A Bill to provide that the Sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes.
HB 109. By Mr. Hudgins of Chattahoochee:
A Bill to abolish the present method of compensating the sheriff of Chattahoochee County; known as the fee system; and for other pur poses.
FRIDAY, FEBRUARY 26, 1965
1183
HB 111. By Messrs. Williams and Overby of Hall:
A Bill to amend Code Sec. 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chair man of the board shall be elected for such term as shall be determined by the board; and for other purposes.
HB 117. By Messrs. Caldwell and Page 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 of said City and to describe new territory to become a part of the City of Thomaston; and for other purposes.
HB 139. By Mrs. Merritt and Mr. Blair of Sumter:
A Bill to provide for the terms of the Superior Court of Sumter County; and for other purposes.
HB 143. By Messrs. Pope and Coker of Cherokee: A Bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
HB 164. By Mr. Grahl of Peach: A Bill to abolish the office of treasurer of Peach County; to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes.
HB 177. By Mr. Grahl of Peach:
A Bill to amend an Act incorporating the Town of Fort Valley as the City of Fort Valley, so as to provide for numbered city council posts for the utilities commission; and for other purposes.
HB 187. By Messrs. Pope and Coker of Cherokee:
A Bill to amend an Act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the compensation of the ordinary; and for other purposes.
HB 189. By Mr. Ross of Lincoln:
A Bill to amend Code Sec. 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the
1184
JOURNAL OF THE HOUSE,
City of Lincolnton shall not be affected by the provisions of Code Sec. 92-4101 through 92-4104; and for other purposes.
HB 207. By Mr. Eoss of Lincoln:
A Bill to abolish the present method of compensating the Sheriff of Lincoln County, known as the fee system, and to provide in lieu there of an annual salary for the sheriff; and for other purposes.
HB 214. My Messrs. Sewell, Shea and Richardson of Chatham:
A Bill to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes.
HB 220. By Mr. Melton of Spalding:
A Bill to amend the charter of the City of Griffin, by enlarging the present City boundaries and the corporate limits by the annexation of certain described property adjacent to the present City limits; and for other purposes.
HB 221. By Mr. Melton of Spalding:
A Bill to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an Election Manager appointed by the City Manager; and for other purposes.
HB 222. By Mr. Arnsdorff of Effingham:
A Bill to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes.
HB 240. By Messrs. Overby and Williams of Hall:
A Bill to amend an Act entitled "An Act to amend the charter of the City of Gainesville and the Acts amendatory thereof"; so as to make certain changes in the retirement system for the employees of said city; and for other purposes.
HB 263. By Mr. Rowland of Johnson:
A Bill to abolish the present mode of compensating the sheriff of John son County, known as the fee system; and for other purposes.
HB 266. By Messrs. Potts and Blalock of Coweta: A Bill to amend an Act creating a new charter for the City of Newnan
FRIDAY, FEBRUARY 26, 1965
1185
in the County of Coweta, so as to authorize the City Clerk of issue an execution as other tax executions in the amount of the license fee due; and for other purposes.
HB 267. By Mr. Leonard of Murray:
A Bill to amend an Act creating a new charter for the City of Chatsworth, so as to authorize and empower the Mayor and Aldermen to sell or lease a certain block of land within said City; and for other purposes.
HB 270. By Mr. McClelland of Fulton:
A Bill to amend the Act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U. S. census of 1950, so as to increase the salaries of the members of the joint board of tax assessors; and for other purposes.
HB 280. By Mr. Dailey of Randolph:
A Bill to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 293. By Mrs. Merritt and Mr. Blair of Sumter:
A Bill to amend an Act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes.
HB 298. By Mr. Mauldin of Franklin:
A Bill to amend an Act authorizing the Superior Court Judge or judges in any county in this State located in certain judicial circuits to establish and maintain a law library for the use of the judges, solicitors and other court officials, so as to provide that said Act shall not apply to certain counties within such judicial circuits; and for other purposes.
HB 300. By Mr. Johnson of Warren:
A Bill to amend an Act entitled "An Act to incorporate the Town of Warrenton, in Warren County, and to provide for the election of Com missioners for the same:", so as to change the dates for making tax returns; and for other purposes.
HB 301. By Mr. Wright of Wilkes: A Bill to amend an Act entitled "An Act to establish a board of Com-
1186
JOURNAL OF THE HOUSE,
missioners of Roads and Revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and county warden of Wilkes County; and for other purposes.
HB 306. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act creating the City Court of Brunswick, so as to change the compensation of one of the sheriff's deputies; and for other purposes.
HB 307. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the compensation of a deputy of the sheriff; and for other purposes.
HB 308. By Mr. Maddox of Gordon:
A Bill to amend an Act to change the compensation of the Sheriff of Gordon County, so as to change the compensation of the Sheriff; and for other purposes.
HB 309. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act creating the City Court of Brunswick, so as to change the compensation of the Judge; and for other purposes.
HB 310. By Mr. Maddox of Gordon:
A Bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties; and for other purposes.
HB 326. By Mr. Milhollin of Coffee:
A Bill to amend Code Chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes.
HB 327. By Messrs. Blalock and Potts of Coweta:
A Bill to amend an Act establishing a City Court of Newnan, so as to change the compensation allowed the Solicitor of said Court for a secretary; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1187
HB 328. By Messrs. Nessmith and Land of Bulloch:
A Bill to amend an Act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes.
HB 329. By Messrs. Nessmith and Land of Bulloch:
A Bill to amend an Act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other pur poses.
HB 330. By Messrs. Nessmith and Land of Bulloch:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for two assistants for the tax commissioner and to fix their compensation; and for other purposes.
HB 331. By Mr. Anderson of Pulaski: A Bill to place the Sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 332. By Mr. Anderson of Pulaski: A Bill to place the Clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 333. By Mr. Anderson of Pulaski:
A Bill to place the Ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 334. By Mr. Anderson of Pulaski:
A Bill to amend an Act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes.
HB 335. By Mr. Anderson of Pulaski: A Bill to amend an Act creating a new charter for the City of Haw-
1188
JOURNAL OF THE HOUSE,
kinsville, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes.
HB 338. By Messrs. Bedgood and Matthews of Clarke:
A Bill to amend an Act entitled "An Act to regulate the assessment of taxes by municipal authorities of this State", so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses an annual ad valorem tax upon property not in excess of 9.8 of one per cent without the necessity of conducting the election specified; and for other purposes.
HB 348. By Mr. Wilson of Brantley:
A Bill to amend an Act providing for a Treasurer of Brantley County, so as to change the compensation of said Treasurer; and for other purposes.
HB 351. By Mr. Griffin of Glascock:
A Bill to amend an Act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for elections; and for other purposes.
HB 352. By Mr. Griffin of Glascock:
A Bill to amend an Act entitled "An Act to create a Board of Com missioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues; and for other purposes.
HB 361. By Mr. Lovett of Laurens:
A Bill to amend an Act providing for the office hours of the Board of Commissioners of Roads and Revenues, the Clerk of the Superior Court, the Tax Commissioner, the Sheriff, and the County School Super intendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes.
HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee:
A Bill to amend the Charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes.
FEIDAY, FEBRUARY 26, 1965
1189
HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to amend an Act entitled "An Act to provide that Muscogee Coun ty shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc."; and for other purposes.
HB 370. By Messrs. Pickard and Jones of Muscogee:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes.
HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to amend Code Sec. 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes.
HB 372. By Messrs. Pickard and Brinkley of Muscogee:
A Bill to amend Code Sec. 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in certain counties; and for other purposes.
HB 388. By Mr. Henderson of Atkinson:
A Bill to amend an Act creating an amended charter for the Town of Willacoochee in the County of Atkinson, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes.
HB 389. By Messrs. Sweat and Dixon of Ware:
A Bill to amend an Act so as to provide that the compensation of the acting city manager shall be fixed by Resolution of the commission of the City of Waycross; and for other purposes.
HB 401. By Messrs. Luke, Hull and Simkins of Richmond:
A Bill to amend the Charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes.
HB 402. By Messrs. Luke, Simkins and Hull of Richmond: A Bill to amend the charter of the City of Augusta, so as to provide
1190
JOURNAL OF THE HOUSE,
that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the City Council shall be 5' 7-%" and for other purposes.
HB 403. By Messrs. Luke, Simkins and Hull of Richmond:
A Bill to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes.
HB 405. By Mr. Smith of Camden:
A Bill to amend the Charter of the City of St. Marys, Georgia, by granting the Mayor and Council of said City the power and authority to adopt an ordinance authorizing the use of voting machines for record ing and computing the vote at all city general and special elections held in the city; and for other purposes.
HB 406. By Mr. Strickland of Evans:
A Bill to abolish the present mode of compensating the sheriff of Evans County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 437. By Messrs. Milhollin and Williams of Coffee:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the Chairman; and for other purposes.
HB 438. By Messrs. Milhollin and Williams of Coffee: A Bill to amend an Act establishing the City Court of Douglas, so as to change the compensation of the Judge of the City Court and the Solicitor; and for other purposes.
HB 439. By Messrs. Milhollin and Williams of Coffee: A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Coffee County, known as the fee system; and for other purposes.
HR 48-87. By Mr. Pope of Cherokee:
A Resolution to repeal a Resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1191
The Senate has passed by the requisite constitutional majority the following and Resolutions of the Senate to wit:
SB 33. By Senator Carter of the 14th:
A Bill to amend an Act authorizing the governing authorities of munici palities and counties to establish planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended; and for other purposes.
SB 87. By Senator Hill of the 29th:
A Bill to amend an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, approved March 25, 1958 (Ga. Laws 1958, pp. 381-382), and for other purposes.
SB 99. By Senator Hall of the 52nd:
A Bill to amend an Act known as the "Floyd County Employees' Pension Code", approved February 21, 1951 (Ga. Laws 1951, p. 2746) as amended, so as to change the number of years of service required to qualify for benefits under the retirement plan; and for other purposes.
SB 100. By Senator Johnson of the 42nd:
A Bill to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one dollar; and for other purposes.
SB 107. By Senators Edenfield of the 4th and Yancey of the 33rd:
A Bill to amend Code Section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes.
SB 113. By Senators Gayner of the 5th, Holloway of the 12th, and Webb of the llth:
A Bill to amend Section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being offered to stockholders; and for other purposes.
SB 114. By Senator Edenfield of the 4th:
A Bill to amend an Act placing the solicitor-general of the Ogeechee judicial circuit on an annual salary, so as to increase the compensation
1192
JOURNAL OF THE HOUSE,
of the solicitor-general of Ogeechee judicial circuit; and for other pur poses.
SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th and Kilpatrick of the 44th:
A Bill to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to misdemeanor punishment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; to provide the procedure connected therewith; and for other purposes.
SB 116. By Senator Holley of the 22nd:
A Bill to amend an Act entitled "An Act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties;", approved April 2, 1963 (Ga. Laws 1963, p. 302, Vol. 1), and for other purposes.
SB 120. By Senators Johnson of the 38th, Maclntyre of the 40th 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 there of; and for other purposes.
SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th and others:
A Bill to amend the Act approved August 20, 1927, as amended, pro viding that cities having a population of more than 150,000 by the United States Census of 1920, or any subsequent Census, shall furnish pensions to officers and employees, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes.
SB 124. By Senator Hall of the 52nd:
A Bill to amend an Act to create a new charter and municipal govern ment for the City of Rome, approved August 19, 1918, and the several Acts amendatory thereof, as amended, to provide for an increase in the contributions to the Retirement Fund of the City of Rome by the City and Certain employees; and for other purposes.
SB 60. By Senators Thompson of the 34th, Salome of the 36th and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, approved Feb. 28, 1874, and the several Acts amendatory there of; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1193
SB 63. By Senator Jackson of the 16th:
A Bill to provide that no member of train, yard or engine crew of a railroad shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 58. By Senators Downing of the 1st and Tribble of the 3rd:
A Bill to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 126. By Senator Holley of the 22nd:
A Bill to amend an Act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia"; so as to revise all the laws relating to Municipal Court of Augusta, Georgia; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House, to-wit:
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such ap propriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, politi cal subdivisions, and for all other governmental activities, projects and undertakings authorized by law; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to create the Georgia State Scholarship Commission; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th:
A Bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 33. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions; and for other purposes.
Referred to the Committee on Judiciary.
SB 60. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to street improvements; and for other purposes.
Referred to the Committee on Local Affairs.
SB 63. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide that no member of train, yard or engine crew of a railroad shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
Referred to the Committee on Rules.
SB 87. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 26, 1965
1195
SB 99. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Floyd County Employees' Pension Code", so as to change the number of years of service required to qualify for benefits under the retirement plan; and for other purposes.
Referred to the Committee on Local Affairs.
SB 100. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than $1.00; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 107. By Senators Edenfield of the 4th and Yancey of the 33rd:
A Bill to be entitled an Act to amend Code Section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes.
Referred to the Committee on Judiciary.
SB 113. By Senators Gayner of the 5th, Holloway of the 12th and Webb of the llth: A Bill to be entitled an Act to amend Section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being offered to stockholders; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 114. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act placing the solicitorgeneral of the Ogeechee Judicial Circuit on an annual salary, so as to increase the compensation of said solicitor-general; and for other pur poses. Referred to the Committee on Local Affairs.
SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th and Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to midemeanor punish ment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; and for other purposes.
Referred to the Committee on Judiciary.
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SB 116. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment of two superior court reporters or court steno graphers to the judges of the superior courts in certain counties, so as to clarify the duties and compensation of such official court reporters; and for other purposes.
Referred to the Committee on Local Affairs.
SB 120. By Senators Johnson of the 38th, Maclntyre of the 40th and Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to retirement of department heads; and for other purposes.
Referred to the Committee on Local Affairs.
SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th and others:
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, so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on Local Affairs.
SB 124. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome, so as to provide for an increase in the contributions to the Retirement Fund of the City of Rome by the City and certain employees; and for other purposes.
Referred to the Committee on Local Affairs.
SB 126. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to revise all the laws relating to Municipal Court of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
FRIDAY, FEBRUARY 26, 1965
1197
HB 448. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Smyrna, and for other purposes.
The report 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 479. By Messrs. Mitchell of Whitfield and Leonard of Murray:
A Bill to be entitled an Act creating a new Judicial circuit for the State to be known as the Conasauga Judicial Circuit, so as to change the terms of said 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 484. By Mr. Moses of Montgomery:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held, and for other purposes.
The report 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 487. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 489. By Messrs. Blalock and Potts 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 to change the salary allowance of the sheriff's deputies and Jailers, and for other purposes.
The report 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 493. By Mr. McKemie of Clay: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clay County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 26, 1965
1199
HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city, and for other purposes.
The report 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 29-47. By Mr. Coker of Turner: A Resolution to compensate Mr. C. Boston Wynn, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 29-47 by removing the figures $19,000.00 and inserting in lieu thereof the figures $5,263.53.
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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 25-43. By Mr. Bowen of Dooly:
A Resolution to compensate Mrs. Merle C. Chancy, and for other pur poses.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 25-43 by re moving the figures $50.98 and inserting in lieu thereof the figures $50.00.
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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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 32-58. By Mr. Brown of Hart: A Resolution to compensate Mrs. Mack Suit, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 32-58 by re moving the figures $750.00 and inserting in lieu thereof the figures $104.01.
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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 69-117. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 69-117 by re moving the figures $388.76 and inserting in lieu thereof the figures $300.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
FRIDAY, FEBRUARY 26, 1965
1201
On the adoption of the Resolution, as amended, the ayes were 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 86-121. By Mr. Matthews of Clarke:
A Resolution to compensate Mr. and Mrs. Albert Evans, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 86-121 by re moving the figures $790.87 and inserting in lieu thereof the figures 399.96.
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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Resolutions of the House were read and adopted:
HR 214. By Dr. Savage:
A RESOLUTION
Urging the Georgia Delegation in the United States Congress to oppose the Medicare plan for health care of the elderly under Social Security and to support "The Eldercare Act of 1965" proposed by the American Medical Association; and for other purposes.
WHEREAS, Medicare offers only limited benefits, covering about one-quarter of the total yearly health costs of the average aged person, and providing only limited hospitalization and nursing-home care and some diagnostic and home nursing services; but not covering physician's services, surgical charges, drugs outside the hospital or nursing home, or laboratory services not connected with hospitalization; and
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WHEREAS, Eldercare would provide a wide spectrum of benefits including physicians' care, surgical and drug costs, hospitalization and nursing home charges, diagnostic services, x-ray and laboratory fees, and other services; and
WHEREAS, under the Medicare plan, all persons 65 and over, the rich as well as the needy, would be eligible for limited benefits, and thus only a part of the funds expended would go to aid those elderly persons who actually need assistance; and
WHEREAS, Eldercare is designed to provide comprehensive bene fits for people 65 and over who need care and cannot afford it; and eligibility for benefits would be determined before illness strikes and without a welfare-type investigation; and
WHEREAS, the Medicare tax plan would increase payroll taxes on all wage earners and their employers, and would require the $5,600 per year worker to pay as much tax as the $56,000 per year executive-- thus hitting hardest at those least able to pay; and
WHEREAS, under Eldercare, the elderly in participating states would obtain a policy for medical and hospital care and would con tribute a part, or none, of the costs, depending on their level of income. The remaining costs of such policies would be financed by federal-state matching funds through an already existing program, not requiring a new payroll tax; and
WHEREAS, Medicare would permit the federal government to ex ercise an undesirable degree of direct control over hospitals and doctors, and would operate to restrict the free choice of elderly patients in select ing a hospital or nursing home and in continuing the services of their own physician; and
WHEREAS, under Eldercare, the patient would have free choice of physician, hospital, and nursing home; and medical care would be provided, without bureaucratic intervention, in a manner that is in keep ing with the high standards and high quality of our present health system; and
WHEREAS, in summary, Medicare is a plan which would increase payroll taxes and provide only limited benefits to everyone 65 and over, without regard to need; while "The Eldercare Act of 1965", supported by doctors, would provide a wide range of hospital and medical care to people 65 and over who need help in financing these expenses, and would do so through a program costing taxpayers less than the Medicare tax plan because of Eldercare's efficient and sensible use of tax dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body, for the foregoing reasons, urge the Georgia Delegation in the United States Congress to be vocal and active in opposing the Medicare tax plan and in support ing the Eldercare plan which offers more benefits to the elderly at less
cost to the taxpayer.
FRIDAY, FEBRUARY 26, 1965
1203
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to submit an appro priate copy of this Resolution with the Seal of the House of Representa tives affixed thereto, to each member of the United States Congress from the State of Georgia.
HR 141. By Messrs. Melton and Bolton of Spalding and Acree of Towns:
A RESOLUTION
Creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes.
WHEREAS, it appears that the existing Georgia Laws and pro cedures relating to sex crimes and sex offenders are, in many instances, outmoded and in need of revision; and
WHEREAS, justice and the best interests of society require that from time to time we reexamine said laws and procedures in the light of experience and advancements in the fields of criminology, penology, psychiatry, psychology, sociology and other related areas of learning; and
WHEREAS, a systematic study and review of the problems, laws and procedures relating to sex crimes and sex offenders would provide the General Assembly with the background information necessary to adopt measures to more adequately protect our citizens and achieve more enlightened and humane justice in this field.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created an Interim Committee to make a comprehensive study of the laws, procedures and problems relating to sex crimes and sex offenders. Said Committee shall be composed of eleven members to be selected as follows:
(1) Three members of the House of Representatives, to be ap pointed by the Speaker of the House of Representatives.
(2) Three members of the Senate, to be appointed by the Lieutenant-Governor.
(3) Three members of the medical profession, to be appointed by the President of the Medical Association of Georgia.
(4) One member shall he the Director of Corrections or a person appointed by said Director.
(5) One member shall be a psychologist, licensed by the State Board of Examiners of Psychologists, and shall be appointed by the President of the Georgia Psychological Association.
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BE IT FURTHER RESOLVED that all departments and divisions of the State government shall make available to the Committee their records, statistics and other information and assistance necessary or convenient to fulfill the purposes of this Resolution.
BE IT FURTHER RESOLVED that the Committee shall select a Chairman from among its members and may hold such meetings at such places and at such time as it considers expedient and may do any other things consistent with this Resolution that are necessary or con venient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution.
BE IT FURTHER RESOLVED that the members of the Commit tee shall receive the same compensation, per diem expenses and allow ances authorized for legislative members of interim legislative com mittees except that the Director of Corrections or his appointee shall receive no additional compensation but shall receive actual and neces sary expenses relating to his services on the Committee. The members of the Committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or available to the legislative branch of the government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days per member.
BE IT FURTHER RESOLVED that said Committee shall be au thorized to utilize the services of the Office of Legislative Counsel in carrying out its responsibilities under this Resolution, and in this con nection may require said Office to review the laws and recent develop ments in other states in this field and provide such other assistance as may be required by said Committee.
BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations, which report shall be ac companied by such proposed legislation as might be recommended by said Committee. Such report shall be made on or before December 1, 1965, on which date the Committee shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 216. By Messrs. Parker of Screven, Lane of Bulloch and others:
A RESOLUTION
Requesting the State Board of Education to freeze the salaries of certificated personnel for the next biennium, and use all funds available for salary increases for classroom teachers; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1205
WHEREAS, there are many factors which go to make up an out standing school system, but the foremost item is the staff of such system; and
WHEREAS, the most important personnel in any school system are the classroom teachers without whom there could he no educational systems in this State; and
WHEREAS, there would still be an educational system if prac tically all other personnel were removed, leaving only the classroom teachers; and
WHEREAS, the success of the teaching and learning process de pends upon the relationship between teachers and students, and it is imperative that school systems in Georgia be able to attract and hold qualified teachers in all our systems.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the State Board of Education is hereby requested and urged to freeze the salaries of certificated personnel for the next biennium, and use all funds available for salary increases for classroom teachers.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to each member of the State Board of Education and to the State Superintendent of Schools.
HR 217. By Messrs. Bynuni of Rabun, Irvin of Habersham and Moore of Stephens:
A RESOLUTION
Expressing regrets at the passing of Mr. Victor Harvey Turpin; and for other purposes.
WHEREAS, Mr. Victor Harvey Turpin recently passed away while a patient at Saint Joseph's Hospital in Atlanta, Georgia; and
WHEREAS, he is survived by his wife and one child; and
WHEREAS, he was a life-long resident of Rabun County, and had many friends in Habersham County and other areas throughout Geor gia; and
WHEREAS, he served his country with distinction while in the armed forces during World War II; and
WHEREAS, he devoted many years of outstanding public service to the State of Georgia as a member of the State Highway Patrol;
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest regrets at the passing of Mr. Victor Harvey Turpin and conveys its heartfelt sympathy to Mrs. Turpin and the other members of the family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to Mrs. Victor Harvey Turpin.
HR 218. By Mr. Brooks of Fulton:
A RESOLUTION
Congratulating William W. O'Neill; and for other purposes.
WHEREAS, William W. O'Neill was recently honored by the At lanta Junior Chamber of Commerce as Atlanta's Outstanding Young Man in Business; and
WHEREAS, Mr. O'Neill is a graduate of Georgia State College and is Assistant Personnel Manager for the Atlantic Steel Company; and
WHEREAS, Mr. O'Neill was responsible for installing a "OnePledge Plan" for charitable contributions at the Atlantic Steel Com pany, which increased the contributions from employees in his company by 100%; and
WHEREAS, he is active in community, civic, and religious affairs; and
WHEREAS, it is the desire of the members of this body to recog nize Mr. O'Neill for being selected for this high honor.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Mr. William W. O'Neill for being selected as Atlanta's Outstanding Young Man in Business and commends him for the interest he has displayed in improving the capabilities of employees throughout the State.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to forward an appropriate copy of this Resolution to Mr. William W. O'Neill.
HR 219. By Messrs. Hudgins of Chattahoochee, Pickard, Brinkley and Jones of Museogee:
A RESOLUTION
Commending Roy W. Turgeon; and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1207
WHEREAS, Roy W. Turgeon was born in Clayton, New York, and spent his first nineteen years in the small summer resort near the St. Lawrence Seaway; and
WHEREAS, Mr. Turgeon entered the Army in 1940 and spent two years in the Pacific Theater of War after the bombing of Pearl Harbor; and
WHEREAS, Mr. Turgeon entered OCS at Fort Benning, Georgia, in 1943 and after completing the OCS course, he was shipped to London where he met his wife, the former Miss Evalyne McDine of East McKeesport, Pennsylvania, whom he married a year later in Paris; and
WHEREAS, after returning to the United States in 1945, Mr. Turgeon was stationed at Fort Benning, where he and his wife de veloped a mutual interest in working with young people; and
WHEREAS, Mr. Turgeon, who retired from the Army as a Major, applied for and was appointed as Executive Director of the South Columbus Boys Club when the office was vacated in 1961; and
WHEREAS, at the time he assumed office, there were 1,255 mem bers of the Boys Club; and
WHEREAS, since he became Executive Director, the membership has grown steadily and is presently 1,353; and
WHEREAS, Mr. and Mrs. Turgeon have two children of their own: Roy, Jr., a sophomore at Georgia Military College, and T. J., who is in the ninth grade at Baker High School; and
WHEREAS, it is the desire of the members of this body to recog nize Roy W. Turgeon for his outstanding accomplishments in the field of youth activities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate and commend Roy W. Turgeon for his dedication to the promotion of youth activities and for being an inspiration to the young boys and men of the South Columbus area.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to forward an appropriate copy of this Resolution to Mr. Roy W. Turgeon and to Mr. Rozier Dedwylder, President of the Board of Directors of the South Columbus Boys Club.
HR 220. By Messrs. Wells of Oconee, Carr of Washington and others: A RESOLUTION
Congratulating Miss Anne Campbell; and for other purposes.
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WHEREAS, Miss Anne Campbell, the very lovely and charming daughter of Georgia Agriculture Commissioner, Phil Campbell, will reign as Georgia's Princess for the Annual Cherry Blossom Festival in Washington, D. C.; and
WHEREAS, Miss Campbell will participate in a full week of activi ties for Princesses during the Festival; and
WHEREAS, the Georgia Society which sponsors the Cherry Blos som Princess each year will honor Miss Campbell at a dinner-dance on April 5th at Boiling Air Force Base, at which time Miss Campbell will be crowned as Georgia Cherry Blossom Princess.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby con gratulate Miss Anne Campbell upon being selected as Georgia's Cherry Blossom Princess.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to forward an appropriate copy of this resolution to Miss Anne Campbell and to her parents, Mr. and Mrs. Phil Campbell.
HR 221. By Messrs. Smith of Grady, Bolton of Spalding, and others:
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 1965 regular session of the General Assembly the following provisions shall become effective:
(1) The members of the Auditing, Enrolling, Engrossing and Jour nals Committee are authorized to remain at the Capitol five days after adjournment for the purpose of checking bills and resolutions, audit ing expenses, and transacting whatever other matters are necessary. Each member shall receive the compensation, 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 for ten days after adjournment for the purpose of completing the work and records in the Speaker's office. Such personnel shall receive the same compensa tion 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 per-
FRIDAY, FEBRUARY 26, 1965
1209
sonnel. For each day spent on official business during the interim, the Speaker shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees.
(4) The Clerk of the House and such personnel as he deems neces sary, are authorized to remain at the Capitol thirty days after adjourn ment for the purpose of completing the work and records in the Clerk's office. Such personnel shall be compensated in a daily amount to be fixed by the Clerk, but such daily amount shall not exceed the daily amount received by a member of the General Assembly as compensation, per diem, expenses and allowances 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 business and for the convenience of the members of the House, the compensation for such not to exceed three-fourths of the per diem now fixed by law for the Clerk's office, which shall include all necessary secretarial help. The Clerk is authorized to open his office one week prior to the con vening of the next regular session and employ such personnel as he deems necessary, which personnel shall be paid the same as such per sonnel received during the regular 1965 session.
(6) The Administration Floor Leader and such personnel as he deems necessary are authorized to remain at the Capitol five days after adjournment for the purpose of completing the work and records in his office. Such personnel shall receive the same compensation as re ceived during the regular session.
(7) After such five day period, 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.
(8) The Chairman of the Judiciary Committee is hereby authorized to remain at the Capitol five days after adjournment for the purpose of completing the work and records of his Committee. He shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
(9) The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The Speaker shall designate the Chair man 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 committee, whether the committee is created by resolution or by the Speaker.
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(10) 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 1966, and personnel for any such office may be employed and such personnel shall receive the same compensation as received during the regular session of 1965.
(11) 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 payment provided for hereunder, subject to the provisions hereof.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 222. By Messrs. Hull of Richmond, Jones of Muscogee and others:
A RESOLUTION
Relating to expenses of the members of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that, in addition to all other compensation, expenses, per diem allowances authorized for members of the General Assembly, the mem bers of the General Assembly shall be reimbursed by the State Treasurer for their expenses incurred in parking in the State-owned parking lot at the State Capitol while on official business, upon proper presenta tion of itemized expenses.
Mr. Brooks of Fulton asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Welfare and recommitted to the Committee on Rules:
HB 525. By Mr. Brooks of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Court of Inquiry; and for other purposes.
The consent was granted and HB 525 was recommitted to the Committee on Rules.
Mr. Harris of DeKalb asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Special Judiciary and recom mitted to the Committee on Judiciary:
FRIDAY, FEBRUARY 26, 1965
1211
HB 516. By Messrs. Harris of DeKalb and Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Chapter 88-18 relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities join ing in the creation of a hospital authority; and for other purposes.
The consent was granted and HB 516 was recommitted to the Committee on Judiciary.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments and substitutes thereto:
HB 302. By Mr. Phillips of Columbia: A Bill to be entitled an Act to fix, allow and provide for the compensa tion of the Clerk of the Superior Court, the Sheriff and the Tax Com missioner of Columbia County; and for other purposes.
The following Senate amendment was read:
C & M Committee moves to amend HB 302 as follows:
By striking from Section 5 the first word "The" thereof and insert ing in lieu thereof the words "Except as otherwise provided in this Act, the".
By striking from Section 9 the words "and payments in retirement systems".
By adding in the last sentence of Section 17 after the word "pay ment" and before the words "of such expenses" the words "or reim bursement".
Mr. Phillips of Columbia moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 117, nays 0.
The House has agreed to the Senate amendment to HB 302.
1212
JOURNAL OF THE HOUSE,
HB 303. By Mr. Phillips of Columbia:
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 Columbia, so as to change the compensation of the chairman and executive officer of said board; and for other purposes.
The following Senate substitute was read:
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 Columbia, ap proved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, so as to change the compensation of the chairman and executive officer of said board; to change the compensation of each of the other members of said board; to provide for an automobile for the use of the chairman and executive officer of said board; to provide for the purchase, replace ment, operating expenses, repair, and maintenance of said automobile; to provide for the selection and employment of a clerk for said board; to provide for the compensation and duties of said clerk; to provide the procedure connected therewith; to ratify and confirm certain Acts and actions; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, is hereby amended by striking Section 6-A in its entirety and inserting in lieu thereof a new Section 6-A to read as follows:
"Section 6-A. Be it further enacted by the authority afore said, that the chairman and executive officer of said Board of Com missioners shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, payable monthly, and for each of the other members of said board the sum of one thousand two hun dred ($1,200.00) dollars per annum, payable monthly, for attend ance at regular or called meetings of said Board of Commissioners. The compensation herein provided shall be paid monthly from funds of Columbia County. The chairman shall also receive in addition to other compensation herein provided all expenses incurred by him in conducting the affairs of said Board of Commissioners upon the approval of the majority of the members of said board. The Board of Commissioners of Roads and Revenues shall purchase one auto mobile for the use of the chairman and executive officer of said board in the performance of his duties. Said automobile shall be the property of Columbia County, and said board shall be authorized to replace said vehicle at such time and in such manner as they may determine. Said board shall be authorized to dispose of the replaced vehicle in such manner as will be most advantageous to
FRIDAY, FEBRUARY 26, 1965
1213
Columbia County. The board shall provide for the cost of repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of said automobile. The funds necessary for the purchase, replacement, operating expenses, repair, and maintenance of said automobile, as herein provided, shall be payable from the funds of Columbia County."
Section 2. Said Act is further amended by adding after Section 7 and before Section 8 a new section to be known as Section 7-A to read as follows:
"Section 7-A. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall have full authority to select and employ a clerk for said board and said clerk shall be designated as the Clerk of the Board of Commis sioners of Roads and Revenues for Columbia County. Said clerk shall be compensated in an amount of not less than three thousand ($3,000.00) dollars per annum, payable in equal monthly or semi monthly installments from the funds of Columbia County. The Board of Commissioners of Roads and Revenues is hereby author ized to delegate such powers of the board as it may lawfully do so and authorize the chairman to delegate such powers and he may lawfully do so to said clerk, and said clerk shall perform such duties as are authorized and specified by said board. The board in its discretion may require the clerk to give a bond for the faithful discharge of his duties as clerk in an amount as fixed by the board, the premium on said bond shall be paid from the funds of Columbia County. Said board is hereby authorized in its discretion to dismiss or discharge said clerk with or without cause and with or without notice at any time and to select and employ a successor to said clerk."
Section 3. All compensation and expenses paid to and by the Board of Commissioners of Roads and Revenues of Columbia County pursuant to the provisions of any Act relating to the Board of Com missioners of Roads and Revenues of Columbia County, particularly, but not limited to, an Act approved February 27, 1877 (Ga. Laws 1877, p. 253), an Act approved September 12, 1881 (Ga. Laws 1880-81, p. 531), an Act approved August 14, 1919 (Ga. Laws 1919, p. 620), an Act approved August 18, 1927 (Ga. Laws 1927, p. 549), an Act approved March 24, 1941 (Ga. Laws 1941, p. 827), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1652), an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2319), and an Act approved February 15, 1957 (Ga. Laws 1957, p. 2149), are hereby ratified and confirmed, and it is hereby determined that the compensation and expenses so paid and received were lawfully paid and received and the Board of Com missioners of Roads and Revenues of Columbia County was authorized to pay and receive the same.
Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence,
1214
JOURNAL OP THE HOUSE,
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 5. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Phillips of Columbia moved that the House agree to the Senate sub stitute.
On the motion to agree, the ayes were 117, nays 0.
The Senate substitute to HB 303 was agreed to.
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 134. By Mr. Dixon of Ware:
A Bill to be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow personal exemption of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the taxpayer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, so as to allow a personal exemption of six hundred ($600.00) dollars for each son, stepson, daugh ter, stepdaughter, or ward of the taxpayer to be deducted from the taxpayer's net income, notwithstanding the gross income of such son, stepson, daughter, stepdaughter, or ward, if such dependent has not attained the age of 19 years or is a student as that term is defined in
FRIDAY, FEBRUARY 26, 1965
1215
Section 151 (e) of the Internal Revenue Code of 1954; to repeal Subsec tion (j) of Code Section 92-3106, relating to the allowance of a credit for a dependent who is the income beneficiary of a trust; to provide definitions; to repeal conflicting laws; to provide an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, is hereby amended by striking that portion of Sub section (d) which reads as follows:
"(d). Six hundred dollars for each individual (other than hus band and wife) who is a dependent of the taxpayer as defined in Paragraph (d) (1) below, and whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $600.00."
in its entirety and inserting in lieu thereof the following:
"(d). Six hundred ($600.00) dollars for each dependent (as defined in Paragraph (d) (1) below):
"(A) whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than six hundred ($600.00) dollars; or
"(B) who is a son, stepson, daughter, stepdaughter, or ward of the taxpayer and who has not attained the age of nineteen (19) years at the close of the calendar year in which the taxable year of the taxpayer begins; or
"(C) who is a student as the term "student" is defined in Section 151 (e) of the Internal Revenue Code of 1954."
SECTION 2
Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, is hereby amended by repealing Subsection (j) thereof, relating to the allowance of a credit for a dependent who is the income beneficiary of a trust, in its entirety.
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
1216
JOURNAL OF THE HOUSE,
SECTION 4
The provisions of this Act shall become effective for all taxable years ending on or after December 31, 1965.
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 Balkcom Beck Bedgood Black Blair Blalock Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Conner Crowe Dean DeVane Dickinson Dixon Dollar Dorminy
Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Ployd Fulford Grahl Hale Harrell Harrington Harris, J. F. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lowrey Luke
Maddox Marshall Matthews, D. R. Mauldin Mauney McDaniell McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Reid Rhodes
FRIDAY, FEBRUARY 26, 1965
1217
Richardson Roberts Rogers, Jimmie Ross Rush Russell Savage Sewell Shea Shuman Simpkins Singer Smith, E. B., Jr. Smith, G. L. II
Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
Vaughn, C. R. Vaughan, D. N. Walker Watkins
Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Barber Bolton Bowen, J. 0. Bowen, R. L. Branch Brantley Brooks, Wilson Clarke, H. G. Dailey Davis DeLoach Farrar Flynt Gary Griffin Griffis
Hall Harris, J. R. Harris, R. W. Hull Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Leonard Lewis, P. B. Lovett Matthews, C. McClelland McCracken McKemie Mitchell
Moate Newton, D. L. Pafford Pickard Rodgers, H. B. Roper Rowland Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, V. T. Story Tabb Ware Watson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Messrs. Barber of Jackson and Brooks of Fulton stated that they were called 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 134.
Mr. Dixon of Ware asked unanimous consent that HB 134 be immediately transmitted to the Senate.
1218
JOURNAL OF THE HOUSE,
The consent was granted and HB 134 was ordered immediately transmitted to the Senate.
HB 463. By Mr. Wells of Oconee:
A Bill to be entitled an Act to amend an Act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to remove the provisions relating to interlocutory hearings; and for other purposes.
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 Balkcom Barber Beck Bedgood Black Blalock Bolton Bowen, J. 0. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene
Brown, M. P.
Bynum
Byrd
Caldwell
Carr
Clark, J. T.
Clarke, H. G.
Coker, G., Dr.
Coker, R.
Collins, J. F.
Collins, M. Colwell Conger Crowe Davis Dean DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Fulford
Gary
Grahl
Hale
Harrell
Harrington
Harris, J. F.
Harris, J. R.
Henderson
Herndon
Holder
Houston Howell Hudgins Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey
Luke
Maddox
Marshall Matthews, C.
Matthews, D. R, Mauldin
Mauney
McDaniell
McRae Melton Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope
FRIDAY, FEBRUARY 26, 1965
1219
Poss Potts Rainey Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Russell Savage Sewell Shea Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spillers Stalnaker
Steis Story Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Blair Jones, G. Paul
Merritt Odom
Reid Wiggins
Those not voting were Messrs.:
Ballard Bowen, R. L. Branch Busbee Chandler Conner Dailey DeLoach Flynt Griffin Griffis Hall Harris, R. W. Hull
Hutchinson Jordan, W. H. Knight, D. W. Lee, G. B. Lewis, P. B. Lovett McClelland McCracken McKemie Minge Murphy Nessmith, P. Newton, D. L. Pafford
Reaves Rogers, Jimmie Rush Shuman Simmons Simpson Smith, A. B. Smith, V. T. Spikes Tabb Ware Mr. Speaker
On the passage of the Bill, the ayes were 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the report of the Conference Committee thereon:
1220
JOURNAL OP THE HOUSE,
HB 25. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide for certain affidavits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed herein after for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage 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 Assembly as set by each such extraordinary session; Secretary and Assistant Secre tary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and of the 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 Representa tives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Repre sentatives, 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 expenses of com mittees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws, National Confer ence of Legislative Leaders and Marine Fisheries Com pact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the necessary cost of renovating and repairing the hous ing facilities for the Legislative Branch; for cost of com piling, publishing and distributing the Acts and Journals
FRIDAY, FEBRUARY 26, 1965
1221
of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assem bly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as pro vided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as au thorized 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 Mem ber in the performance of official duties during a session of the General Assembly, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General Assem bly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Govern ment as provided for by Article III, Section VII, Para graph IX of the Constitution of Georgia. Provided fur ther, the per diem allowance provided for in the fore going 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 receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Pro vided, 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 dollars per diem, expense and mileage while performing such committee duties.
1965-66._---------..------____._.-__..___._-$ 2,300,000.00 1966-67....-______.____.-_----.--.--....................-..$ 2,300,000.00
JUDICIAL BRANCH
Section 2. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and one Emeritus position. Pro vided, however, that the listed appropriation shall be
1222
JOURNAL OF THE HOUSE,
increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66--------------------------__------------$ 1966-67--------------._--__._.------------------$
431,000.00 431,000.00
Section 3. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court.
1965-66__----------------------.__.__--------$ 1966-67------__------------__-___--------$
584,768.00 592,535.00
Section 4. Superior Courts. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law.
1965-66---------------------------------$ 1,604,000.00 1966-67-------------------_--------------$ 1,604,000.00
Provided, that none of the above amount shall be expended for the purpose of paying any contingent ex pense allowance to Solicitors-General over and above the amount they were receiving on January 1, 1965.
Section 5. For the 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 transferred by the Budget Bureau to be used in the Book Fund of the State Library.
1965-66----------------------..---__----..----_$ 1966-67_-_.__-------------------__--_--$
35,000.00 35,000.00
Section 6. Judicial Council.
1965-66------_________.__--._--__------------------_.$ 1966-67----------------------------------------$
2,500.00 2,500.00
EXECUTIVE BRANCH
Section 7. Agriculture, Department of.
(A) For the operation of all activities of the De partment including the operation of Farmers' Markets.
1965-66-------------------------------------------$ 5,760,000.00 1966-67----.------------------------------------$ 6,038,000.00
FRIDAY, FEBRUARY 26, 1965
1223
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services _------....$3,438,521.00 $3,691,741.00
Operating Expenses --------$2,355,329.00 $2,380,109.00
(B) Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market.
1965-66..-------__----_...._______--$ 1966-67---------------------_.,,.__.____--------$
650,000.00 650,000.00
Section 8. Art Commission, Georgia.
1965-66------------._------------___..__.__.-.$ 1966-67------------------------------____...__$
30,000.00 30,000.00
Section 9. Audits, Department of.
1965-66-.----------------------------------------$ 1966-67--------------------------------_--------$
550,000.00 650,000.00
Section 10. Banking, Department of.
1965-66--------_________------__.----..______----.--$ 1966-67-------------------------___--.$
381,000.00 397,000.00
Section 11. Budget Bureau.
1965-66---------------.------------------------$ 1966-67__----____---_------------------$
150,000.00 175,000.00
Section 12. Capital Square Improvement Committee.
(A) Operating Costs.
1965-66 .------_,,_,,----------------------__--.__$ 1966-67-------------------------------__-$
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.
1965-66...-------_----~------------_------$ 2,677,752.87 1966-67--------------------------__...__-$ 2,677,752.87
Section 13. Industry and Trade, Department of.
(A) General operating costs, including Area De velopment Commission.
1965-66------------.------__--__---___-__$ 2,100,000.00 1966-67-----------------------------__--__.$ 2,100,000.00
00'009'SSO'T $----------------------------------9-9961 00'000'266 $--------- ------------- ----- -
a^g jo ^uauidopAap pue uoi^Bjado iBjauaS .10^ (y)
S^JB,! jo )U3uc)..iBd3Q -g;
00'86T'S6T$ " "---------------------------- sasuadxg 00'L38'8SS$ "~ ----------------
99-2961 :sAVoi[oj SB pcaa o^ paSuBqo aq
00'000'9LS $ ------------------ .-._-__-___--- i9 00'009>9^ $""--------------------------9
uoissimuioQ SBf) puB JIQ Snipnp -ui XSoioag PUB SUTUIJ\[ 'sauijv[ jo
OO'OOO'006'I $ --------------- -------------- 00'000'8S8't $------------------------- - 99-Q961
uoissiuiuioo qsi^ PUB auiBf) -3
00'000'OSS $""-----------------------------9-9961 00'000'OSS J--- - --------------------- -99-9961
'IpunoQ qajBasay; ^saao^ -g
00'000'^9S'8 $------- ---------------------9-9961 00'000'OOS'S $----------------------------------99-9961
jo ^uaui^jsdaQ -y
-91 uoppag
00'000'OOt'l $---------------------------------------9-9961 OO'TTT'890'T $----------------------------------------- 99-9951
^oy ^ajBg uinaiojq.aj patjanbi^ aq^ pus 'jauoissiui ueoq [Bu^snpui 'UOISIAIQ a^Bg; aDUBjmsuj 'ipunog Suipijng 'UOISIAIQ uot^Dadsuj ajj^ 'jauoissirauiog aouB -jnsui '(Bjauao Jaipj^duioo aqq. jo aoijjo aq?. jo ^SOD aq^. ao^ 'tBaauaQ ja
oo-ooo'os $-----------------------i9.996T
00'000'OS $---------------------------------- gg-2961
SuiSy uo uoisstuiuioQ y
00'000'903'T $-----------------------------------9-9961 00'000'SOS'T $--------------------------------------99-S96T
o^. s^uauiXBd asBaj pnuuy--
(g)
'asnoH 3Hi AO
FRIDAY, FEBRUARY 26, 1965
1225
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
1965-66 1966-67 Operating Expenses ------------.$425,619.00 $411,244.00
(B) Capital outlay--Authority Rentals for State Park Bonds.
1965-66-.----_-----------_------....--------------$ 1966-67-------------------------_--------$
266,000.00 266,000.00
(C) Capital outlay--Authority Rentals for pay ments to Stone Mountain Memorial Commission.
1965-66.__---------------------------.----------$ 1966-67----------------------------------?
700,000.00 700,000.00
F. Soil and Water Conservation. For the cost of operating the State Soil Conserva
tion Committee.
1965-66-----------------------__-----__----__$ 1966-67------------_---------_-_-----------$
300,000.00 300,000.00
Section 17. Corrections, State Board of.
(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1965-66 _----..----------.--- --------------------$ 4,750,000.00 1966-67------____-----------__----------$ 4,892,000.00
Provided that no funds appropriated in this Section or otherwise available shall be used for the employment of any full time staff under the title of consultant.
(B) Capital Outlay--Authority Rentals--
For authority lease contracts to State Penal Re habilitation Authority.
1965-66-----------------------------.--------__--_ __--$ 1966-67------------_--------_-----.--.-----------$
400,000.00 400,000.00
Section 18. State Board of Education--Department of Education.
(A) For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the
1226
JOURNAL OF THE HOUSE,
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 educational 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.
6.-.-___.--_____-___.___.___.______.__------------- $238,060,293.00 1966-67______.___.________________.__-_______________- _ ------$256,225,685.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ------__----____--__$ 8,798,933.00 $ 9,177,966.00
Operating Expenses: Regular--Other than Grants ,,__.____$ 8,182,800.00 $ 8,534,900.00
Grants to School Systems-- Other than MFPE : Manpower Training ___--------------____$
538,000.00 $
538,000.00
Grants to Exceptional Children ____._.$ 50,000.00 $ 50,000.00
Salaries of Public Librarians ....____$ 995,918.00 $ 1,044,799.00
Equalization Fund ,,_----_--------__._..$ 2,579,352.00 $ 2,811,868.00
1965-66
1966-67
Grants to School Systems--MFPE
Act No. 523 (S.B. 180):
Section 36--Alto Teachers ,,__,,.--,,_$ 123,253.00 $ 131,685.00
Section 11--Teachers' Salaries -----..$151,005,614.00 $164,309,325.00
Section 12--Other Certificated Professional Personnel Salaries.-.--. $ 27,345,857.00 $ 28,878,710.00
Assistance to State Impacted Areas ___.___.$ 156,000.00 $ 175,000.00
Mid-term Adjustment -__------------------$ 2,509,547.00 $ 3,484,755.00
Superintendents' Salaries .____...........__$ 1,459,519.00 $ 1,542,477.00
Maintenance, Operation and
Sick Leave
_.__.______.____,,__$ 15,574,800.00 $ 15,828,100.00
School Library & Non-Consumable Teaching Materials _------_------_,,----_$ 1,169,900.00 $ 1,306,600.00
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, unless such program or project has been specifically authorized by the General Assembly.
FRIDAY, FEBRUARY 26, 1965
1227
(B) Capital Outlay.
1965-66-__-________________________._____________$ 23,700,000.00 1966-67----_______...______--__----__-__------$ 23,700,000.00
For capital outlay purposes of the State Board of Education, including the payment of obligations, hereto fore incurred by said Board pursuant to contracts entered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on contracts se curing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advisable for said Series 1953 Bonds to be refunded and additional bonds issued for that purpose and for the purpose of financ ing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00.
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 $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the University System.
1965-66--______---_---______-_-_--_------__------$ 54,851,500.00 1966-67-___--_--_--_--_____-------__----_------_$ 63,853,000.00
Provided, that the above appropriations 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, and provided that from the above ap propriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the vari ous units of the University System from all funds avail able 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 incident to the operation and development of the University Sys tem. The State Board of Regents shall immediately re port the same to the State Budget Authorities for ap proval, whose approval shall be evidenced in writing.
1228
JOURNAL OF THE HOUSE,
No part of this appropriation, nor any funds real ized by the State Board of Regents of the University Sys tem, or any school or college from the Federal Govern ment, 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 $500,000.00 per annum.
(B) Eugene Talmadge Memorial Hospital--State Board of Regents.
1965-66__..__..___--.--------------____...,,.--.$ 4,330,000.00 1966-67..-------------..-------_..----.--------.--.$ 4,735,000.00
(C) Medical Education Board.
For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitu tion.
1965-66--_..__.--------------_------------_._------_____$ 1966-67------_----_---------------.____-------$
150,000.00 150,000.00
Section 20. Teachers Retirement System.
For the State's contribution to the Teachers Retire ment Fund, including the cost of administration.
1965-66_--------.--------_--------.-__--------_----_$ 20,292,167.00 1966-67..-.--------___----__--------------__._.$ 22,461,044.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965
1966-67
State Matching Funds ...._ $20,028,094.00 $22,211,433.00
Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement System who retired on or before July 1, 1961.
Section 21. Educational Improvement Council.
1965-66.--_.--. _------_..__--......------._------$ 1966-67----..-----------------_----.__.----$
100,000.00 103,000.00
FRIDAY, FEBRUARY 26, 1965
1229
Section 22. Higher Education Assistance Corpora tion.
1965-66----__----------------------------------$ 1966-67------------------------------__------$
167,750.00 325,050.00
Section 23. State Scholarship Commission.
1965-66----------------__...._..___.__.__...__$ 1966-67.......__..._........_.._...__.._..._._.__------$
247,500.00 497,370.00
Section 24. Executive Department.
(A) For the cost of operating the Executive De partment, including the cost and maintenance expense for the Executive automobile, and telephones at the Man sion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses.
1965-66-------------------------------------$ 1966-67------------------ --------------------------$
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.
1965-66..-...-....-...--..-------_----_---_.._$ 1966-67-------------------------------------------$
25,000.00 35,000.00
Section 25. Highway Department.
Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the im mediately 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 immediate 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 administra tive cost of operating the Highway Department, including equipment and compensation claims.
1965-66---..----..-------.------------------------$ 5,800,000.00 1966-67..---------__------------____------$ 7,200,000.00
1230
JOURNAL OF THE HOUSE,
(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the High way Department 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 appro priated as the first charge on all funds appropriated to
the Highway Department.
1965-66.-----------------_-------------.$ 18,300,000.00
1966-67--------_.------_--_-.__--------_.----$ 18,300,000.00
(C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the cost incident there to (provided 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 substi tute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with re gard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bu reau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Inter state Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway De partment.
Maintenance and Betterments-- 1965-66------------.-----------------------$ 21,416,800.00 1966-67--------__--------------.._.___....._----$ 21,759,544.00
Planning and Construction-- 1965-66..------------------.------_____.._--_.$ 47,483,200.00 1966-67--------_----------_._._..._----._--------$ 48,240,456.00
FRIDAY, FEBRUARY 26, 1965
1231
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 construction and maintenance.
1965-66-------------------------------------$ 4,817,013.03 1966-67----------------------------------$ 4,817,013.03
(E) For grants to counties for aid in county road construction and maintenance.
1965-66----.---------.---.------.-.------------$ 4,500,000.00 1966-67--...-..-----------------------------------..$ 4,500,000.00
Provided that the appropriations in D above shall be distributed 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 mile age in the State, as such mileage information is furnished by the State Highway Department.
Provided further, that the governing authority of each county shall file an affidavit with the State Auditor that the amounts received under (D) and (E) above were used only for county road construction and main tenance.
(F) Grants to Municipalities--For grants to munici palities in accordance with the law authorizing such grants.
1965-66----------------.......--------..--....-------.--I 6,000,000.00 1966-67.-.-------.--------.--------------------------$ 9,317,000.00
Provided, that the governing authority of each mu nicipality shall file an affidavit with the State Auditor that the amounts received under (F) were used in ac cordance with the law authorizing such grants.
Section 26. Georgia Historical Commission.
1965-66-----------------------------$ 1966-67---------------..-------------..---$
346,000.00 310,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 Operating Expenses ----.._----......._______..--------$121,844.00
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JOURNAL OP THE HOUSE,
Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia.
Section 27. Jekyll Island Committee.
1965-66---.-----------_---__--_------__~? 1966-67___------.----.----._----._-------_$
650,000.00 650,000.00
With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruction, protection of beaches, and other capital outlay require ments.
Section 28. Labor, Department of.
(A) For the cost of operating the Commissioner's Office and Factory Inspection Division.
1965-66-- _.--------...--_-------__-------__--__-__----$ 1966-67-------____---- -__-__----------..-_-. ..,,----------.$
200,000.00 210,000.00
(B) For that part of cost of operations and Em ployment Security Agency as authorized by Act ap proved March 8, 1945.
1966-66_-- ----...------------------.----.--------1966-67_.---- --._-_---.__---__----__------__------
183,700.00 183,700.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Training Allowances
1965-66 1966-67 -$987,000.00 $987,000.00
Section 29. Law, Department of. For the cost of operating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainte nance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal
FRIDAY, FEBRUARY 26, 1965
1233
work in connection with the acquisition of rights-of-way on the State road system.
1965-66----------------------__--___.------.$ 1966-67-.-------------------------------------$
525,000.00 540,000.00
Section 30. Library, State.
1965-66----------------------------------------$ 1966-67-------------------------------------$
71,000.00 74,000.00
Provided that the allocations to objects in the Budget
Report shall be changed to read as follows:
1965-66 1966-67 Books for Library ------------$11,000.00 $11,000.00 Operating Expenses _._--_....____----.--------------$11,049.00
Section 31. Literature Commission, State.
1965-66----------------------------------$ 1966-67..---_----------.---.----------__---__------$
20,000.00 20,000.00
Section 32. Pardons and Paroles, State Board of.
1965-66------...-----------------------..,-..-----..-.$ 1966-67------------------------------------$
720,000.00 735,000.00
Provided that the allocations to objects in the Budget
Report shall be changed to read as follows:
1965-66 1966-67 Personal Services .----------.------$515,000.00 $525,000.00
Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1965-66---------------------------------------.$ 1966-67-------------------------------------$
93,000.00 93,000.00
Section 34. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1965-66----.-----__----._--------.... _..--------------..$ 1966-67..__----_---------------------------------$
758,000.00 810,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services .----_--------$535,400.00 $568,400.00 Operating Expenses .._._--.------$222,600.00 $241,600.00
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Section 35. Public Defense, Department of.
For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1965-66---------------------------------------$ 1966-67---------------------.--------------$
735,000.00 757,000.00
Section 36. Public Health, Department of.
(A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of pri vate hospitals.
1965-66----------------------------------------$ 9,225,000.00 1966-67------------------------------------$ 9,625,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Operating Expenses ------.$30,954,608.00 $32,524,537.00
(B) Authority Rentals--For annual cost of acquir ing Eugene Talmadge Memorial Hospital.
1965-66--------------------------------------.$ 1966-67----------------------------------$
840,000.00 840,000.00
(C) For cost of operating the Alcoholic Rehabilita tion Program.
1965-66-.----------_------------------------$ 1966-67------.--_----------------------___.-$
425,000.00 425,000.00
(D) Department of Public Health--For the cost of operating the Battey State Hospital, including pre admission and post-discharge services.
1965-66---------------__------------------------$ 3,400,000.00 1966-67---------------------------------------$ 3,400,000.00
(E) Department of Public Health--Georgia Mental Health Institute. For the cost of operating the Mental Health Institute, including pre-admission and post-dis charge services.
1965-66--------------------------------------$ 2,250,000.00 1966-67--------__----------_--------------.$ 2,500,000.00
FRIDAY, FEBRUARY 26, 1965
1235
(F) Department of Public Health--Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services.
1965-66__--.-..-......____.-.-..___,,__-.._...__-..__._...,,__.._..$ 5,000,000.00 1966-67....-.._-_--......._.__....._.-.-....___-....,,-_-_........_.$ 5,500,000.00
(G) Department of Public Health--Milledgeville State Hospital. For the cost of operating the Milledgeville State Hospital, including pre-admission and post-dis charge services.
1965-66__.__._...________________________..$ 19,000,000.00 1966-67__.----_-.__-_--__.---_____-____._____--$ 20,500,000.00
(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.
1965-66_..._....-._..-.__...-_.__-.-......-_._.-__...-.__-__......._-? 2,000,000.00 1966-67-._._.--.....-_----..-.__-.-...._..._.._.____-_.-$ 2,000,000.00
(I) Mental Retardation Institute. For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equip ment.
1965-66_-...-..-..__-.....-._-_-_._._---.....-_---....___--$ 1966-67__._-----...-------..--------..-----I
85,000.00 400,000.00
(J) Division for Water Quality Control.
1965-66_-.._.--_-.......___--......___--........_.._.-......___-_.$ 1966-67.__-_--...._--..-----.--..-.-..----......--I
75,000.00 100,000.00
(K) Authority Rentals--Mental Health Construc tion. For the cost of paying lease rentals to State Hos pital Authority, covering construction of mental health and mental retardation facilities.
1965-66-__._______.______._._______.______.__________$ 2,065,000.00 1966-67....._.--_....._.--.__..____-_..,,..______-......____-_$ 2,065,000.00
Section 37. Public Safety, Department of.
1965-66-......._.____-....._-_--_......._._-........._-__._..-_______$ 7,406,584.00 1966-67-_~.--~~.____.-______________._.___________.$ 8,142,341.00
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Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services -------.----$4,917,566.00 $5,413,570.00
Operating Expenses ----------.$2,432,018.00 $2,696,771.00
Section 38. Public Service Commission.
For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1965-66-.-___----------------__.----------.--$ 1966-67----------_...._...............__....... .........$
500,000.00 510,000.00
Section 39. Public Welfare, Department of Family & Children Services--Operations--State.
(A) For the cost of operations of the State Welfare Programs.
1965-66------------------..----------..-.I 1,654,000.00 1966-67----_--_---_------------------------$ 1,966,000.00
(B) Grants for administration and services--coun ties.
For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs.
1965-66--.----------------------__.--_------------$ 3,529,000.00 1966-67...----....__.....----__..,._.__------------$ 3,960,000.00
(C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently disabled, and dependent children, and for children and youth care, all as authorized by law.
1965-66--------------------------__-----_----._.--$ 21,342,000.00 1966-67......._....--__--------------__....------_$ 24,013,000.00
(D) Institutions. For the cost of operation of the training schools and other institutions under the admin istration of the Department of Family and Children Serv ices.
1965-66------_-----------.-----------_.,,------$ 3,594,000.00 1966-67.--------.-___-_________--------------$ 3,834,000.00
Provided that the allocation to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services .------,,_--_____.--------$2,418,000.00 Operating Expenses ...._.___----__.._--$2,256,000.00
FRIDAY, FEBRUARY 26, 1965
1237
Section 40. Purchases, Supervisor of.
1965-66_.__.._.____________________________...______$ 1966-67_________________________________________.___.________$
295,000.00 305,000.00
Section 41. Recreation Commission.
1965-66_______.________________..___._.___..__.$ 1966-67__________________________________.._..__.____._._.____.__.$
45,000.00 45,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services M_........__...._.__.._._$27,000.00 $28,400.00 Operating Expenses ._,, ____.-____________$18,000.00 $16,600.00
Section 42. Revenue, Department of.
(A) For cost of operating the Department of Reve nue.
1965-66_-______________...__..____-._._________.....,,__...__$ 8,750,000.00 1966-67__._________________________.___.._________,,.__$ 8,950,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ___________--_$5,523,000.00 $5,703,000.00
(B) Grants to counties--Tax re-evaluation.
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies.
1965-66_._.___._______----_-----___.-----$ 1966-67..__......._--._.-.---._-------..__-_----$
100,000.00 100,000.00
(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 origi nally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be avail able for further tax evaluation loans to counties.
Section 43. Science and Technology Commission.
1965-66.____ __-___-__ ____._____..--._.__._.__---$ 1966-67__--____-_-_-_----------------------$
40,600.00 40,600.00
1238
JOURNAL OP THE HOUSE,
Section 44. Secretary of State.
(A) Combined Divisions.
For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1966-66--.--------.---__--___--.__--------__.$ 1966-67.---__---__--__------_------_--------$
478,800.00 494,000.00
(B) Examining Boards.
1965-66---------..--.----_---.--.----..--$ 1966-67-----_----------.----.--.------$
554,000.00 564,000.00
(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 $815,000.00 per annum.
1965-66.------..------.--.------.,,------_.$ 1,181,000.00 1966-67---.---------------------.------I 1,192,000.00
(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.
1965-66---------------------------------$ 1966-67---.----.------.-----......--_------------$
435,000.00 450,000.00
(E) Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1965-66_.._----..___--------.____--------------------$ 1966-67.----.--------......_.------__---___._$
100,000.00 100,000.00
Section 45. Stone Mountain Memorial Committee.
For operating costs including costs of improvements by convict labor.
1965-66........--.-.----------.----..--------_..$ 1966-67-------_--------_-----.---------$
400,000.00 400,000.00
FRIDAY, FEBRUARY 26, 1965
1239
Section 46. Treasury, State.
For operation of State Treasury including Bond Com missioner.
1965-66-------------------------$ 1966-67-------------------------------$
122,500.00 122,500.00
Section 47. Veterans Service.
(A) For the cost of operating the Department of Veterans Service.
1965-66--------_-----------.--__---_$ 1966-67--------------------------------__----.$
869,000.00 900,000.00
(B) For the cost of operating the Veterans Service Board, Veterans Home.
1965-66--------------__-----------------------$ 1966-67------------------------------------,,------$
346,750.00 346,750.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Payments to Veterans' Home ----$661,472.00 $660,236.00
(C) For the cost of pensions to Confederate Widows.
1965-66----------------------------$ 1966-67--------__...------------_------_----$
100,000.00 90,000.00
Section 48. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1965-66----------------------------------------$ 1966-67---------------------------------------$
512,676.00 526,737.00
Section 49. 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 re quires expenditure of any part of the said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1965-66---------__---------------------------$ 2,000,000.00
1966-67------_.----------.------------_--.----$ 2,000,000.00
1240
JOURNAL OF THE HOUSE,
Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds
specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink
age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distribu tor being engaged in retailing gasoline.
Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each Department, Agency, or In stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this appro priation act between any Department, Agency or Insti tution of the State, and any Authority created and acti vated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the Department, Agency or Institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums here by appropriated 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.
Section 52. 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 Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 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 re ported, in writing, to the Chairmen and Vice-Chairmen of the Appropriations Committees of the House and Sen ate, and to the Speaker of the House and Lieutenant Governor. This Section applies to all funds of each Budget
FRIDAY, FEBRUARY 26, 1965
1241
Unit from whatever source derived. In those cases in which the said Budget Report contains no recommenda tion of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Governor, is authorized to allo cate as to Object said funds as he deems proper.
Section 53. 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 aforegoing 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 (Ga. Laws 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 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 budget allotments for each fiscal year, the amounts so in ex cess as determined by the Budget Bureau shall cease to be an obligation of the State.
TOTAL APPROPRIATION 1965-66--__----$586,771,464.90 TOTAL APPROPRIATION 1966-67----___.....$631,093,077.90
Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.
The following Senate substitute was read:
HB 25. (Committee Substitute).
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, coun ties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for
1242
JOURNAL OP THE HOUSE,
all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to provide for cer tain affidavits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed here inafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage 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 Assembly as set by each such extraordinary session; Secretary and Assistant Secre
tary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and of the 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 operat ing the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Confer ence of Commissioners on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other inci dental expenses and equipment for the General Assem bly, and the necessary cost of renovating and repairing the housing facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional
amendments; for all costs of Georgia Official and Sta tistical Register as provided by resolution; and for cost of Legislative Service Committee and the Office of Legis lative 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
FRIDAY, FEBRUARY 26, 1965
1243
further authorized by law, act or resolution as cited here in shall be paid an additional maintenance expense allow ance of thirty-five dollars for each day in attendance at a session of the General Assembly and said mainte nance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, post age 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 Mem ber in the performance of official duties during a session of the General Assembly, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General As sembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Govern ment as provided for by Article III, Section VII, Para graph IX of the Constitution of Georgia. Provided fur ther, the per diem allowance provided for in the fore going 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 receive an allow ance based on the total per diem maintenance allow ance 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 Gen eral Assembly is not in session, twenty dollars per diem, expense and mileage while performing such committee duties.
1965-66-----------------------------____-__-$ 2,300,000.00
1966-67___...__.__._____.___.______----_-____------------------$ 2,300,000.00
JUDICIAL BRANCH
Section 2. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and one Emeritus position. Pro vided, however, that the listed appropriation shall be in creased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $5,000.00 in each fiscal year shall be allocated for the payment of attor neys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., p. 478-479.
1965-66_______.__.________------------------___---------$ 1966-67------------._____________________________.-__------$
436,000.00 436,000.00
1244
JOURNAL OF THE HOUSE,
Section 3. Court of Appeals. For the cost of operat ing the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be in creased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66------------------------.--.__..__------$
1966-67...__.__-..----------__--------__.__._..__.$
560,168.00 567,935.00
Section 4. Superior Courts. For the cost of operat ing the Superior Courts of the State of Georgia, includ ing such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Providid, however, that the listed appropriation shall be increased by the amount of $10,667.00 per annum for each additional Emeritus position established during the fiscal year.
1965-66._.----------------._._.._------__----.___..----$ 1,593,333.00
1966-67---------..--------------------.---$ 1,593,333.00
Provided, that none of the above amount shall be expended for the purpose of paying any contingent ex pense allowance to Solicitors-General over and above the amount they were receiving on January 1, 1965.
Section 5. For the 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 transferred by the Budget Bureau to be used in the Book Fund of the State Library.
1965-66-------------------------- -.._------------------$
1966-67..----------.......-..-.-...-.----....--..............I
35,000.00 35,000.00
Section 6. Judicial Council.
EXECUTIVE BRANCH
Section 7. Agriculture, Department of.
(A) For the operation of all activities of the De partment including the operation of Farmers' Markets.
1965-66--..........--..----.........-.--------------........I 5,960,000.00 1966-67..-..-.......................-.....----...-.-..-..-...-......-$ 5,838,000.00
FRIDAY, FEBRUARY 26, 1965
1245
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ----_----.... $3,458,521.00 $3,671,741.00
Operating Expenses ------.,-$2,535,329.00 $2,200,109.00
(B) Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market.
1965-66---_---.--------------------------.------_$ 1966-67-----------------------------------------$
650,000.00 650,000.00
Section 8. Art Commission, Georgia.
1965-66----------- ._----------------------------$ 1966-67----____--.----.______..----.___.____.----_-_----..$
27,500.00 27,500.00
Provided, that no personnel shall be employed at a salary greater than $10,000.00.
Section 9. Audits, Department of.
1965-66-------------------------------------.$ 1966-67----------------.-------------,,,,.$
550,000.00 650,000.00
Section 10. Banking, Department of.
1965-66----____--------------.__.----.--_------$ 1966-67..----.._______......------------------__--------$
381,000.00 397,000.00
Section 11. Budget Bureau.
1965-66.------------------------------------$ 1966-67----------------------------------$
150,000.00 175,000.00
Section 12. Capitol Square Improvement Committee.
(A) Operating Costs.
1965-66-------------____.__------__-_.__.._.------$ 1966-67__........._.--------__._.--------.__.,,----_.$
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.
1965-66--------------------__----------------$ 2,677,752.87 1966-67----_----------__________.__----$ 2,677,752.87
00'009'iSS j
uojssiuiuiog SB*) PUB \IQ Suipnp -ui A.oio3Q PUB Suiuijn 'sau;j\[ jo ^uauqjBdaQ -Q
00'000'006'T $------------------------------------------i 00- 000'8S8'I $------------------------------" 99-Q96T
uoissiuiuiog ^stj[ PUB
00'000'028 $""------------------------------------ig-9961 00'000'OSS $ ---------------------------------~~----g
-g;
00- 000't9S'8 $------------------------------------2,9-9961 00'000'002'8 j-------------------------------------9
jo ^u3ui^jBdaQ -y
00'000'OOT'T J"------------------------------------------2,9-996!: OO'TTT'890'T J----------------------------------~ 9
^ PUB 'uoissiuiuiog 'UOJSIAIQ S^B^ aouBJtnsuj 'jpunog Sutpimg 'UOISIAIQ uorpadsu]; aai.j 'jauoissiuiuiog -jnsui 'iBjaua*) jauoa^duioo aij^ jo aojjjo jo ^soo aqq.
oo'ooo'os $------------------_-------.-_---i9.996T oo'ooo'os j-----------------------------99.396T
SutSy uo uoissiuiuioQ '^
00'000'909'T J---------------------------------2,9-9961 00'000'909'T $~~~------------------------------9
o^. (a)
OO'OOO'OOT'2 $-------------------------------------2,9-996l 00'000'OOT'S j-------------------------------------.-------9
UOISSIUIUIOQ -3Q Bajy Suipnpui 's^soo Sui^Bjado iBjauag (y)
jo ^uaui^jBdaQ 'apejx PUB ^J^snpui -gx uopoag
'asnoH 3Hi do ivNsnor
FRIDAY, FEBRUARY 26, 1965
1247
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services .............-........--$338,827.00 $314,937.00 Operating Expenses ------------$192,198.00 $ 64,088.00
E. Department of Parks.
(A) For general operation and development of State Parks.
1965-66.----...-_..----......_.--_...-._.............................$ 995,000.00 1966-67-------------------------------$ 1,023,500.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Operating Expenses --------------$425,619.00 $411,244.00
(B) Capital Outlay--Authority Rentals for State Park Bonds.
1965-66-------------- ------------------------------$ 1966-67---------------------------- ._._.............$
266,000.00 266,000.00
(C) Capital Outlay--Authority Rentals for pay ments to Stone Mountain Memorial Commission.
1965-66-----------------------------------$ 1966-67------...................----.__-._--_.--..-$
700,000.00 700,000.00
F. Soil and Water Conservation.
For the cost of operating the State Soil Conservation Committee.
1965-66--------------____----------.$ 1966-67------------------------------_---------$
400,000.00 400,000.00
Section 17. Corrections, State Board of.
(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System, except salaries for physicians.
1965-66--------------------..........-----------------$ 4,750,000.00 1966-67------------------------------__........--....$ 4,892,000.00
Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary.
1248
JOURNAL OP THE HOUSE,
(B) Capital Outlay--Authority Rentals--
For authority lease contracts to State Penal Re habilitation Authority.
1966-67________._____.._.._.. --
--
$
400,000.00 400,000.00
Section 18. State Board of Education--Department of Education.
(A) For matching vocational rehabilitation funds in cooperation with the Federal Government; for opera tion 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.
1966-67....__-_-----_----_--_-_-_--__----_ ..$256,035,968.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ......................___.___.._____.$ 8,808,933.00 $ 9,183,335.00
Operating Expenses: Regular--Other than Grants ._..____.__.$ 8,203,547.00 $ 8,547,164.00
Grants to School Systems-- Other than MFPE: Manpower Training ___.,,_._______________$
714,500.00 $
714,500.00
Grants to Exceptional Children __.,,_____.$ --0--
$ --0--
Salaries of Public Librarians _______.--____._.$ 995,918.00 $ 1,044,799.00
Equalization Fund ..________,,___,,.._.._...._.....--.$ --0--
$ --0--
Contingency Fund _______..._____......_--___--_$ 2,546,325.00 $ 2,794,003.00
Hardship Fund .__.___________._.$ 2,651,249.00 $ 1,325,625.00
Grants to School Systems--MFPE
Act No. 523 (S.B. 180) : Section 36--Alto Teachers _____._,,______.___$
123,253.00 $
131,685.00
Section 11--Teachers' Salaries ___._____.$151,005,614.00 $164,309,325.00
Section 12--Other Certificated Professional Personnel Salaries ______$ 24,727,635.00 $ 27,570,950.00
FRIDAY, FEBRUARY 26, 1965
1249
Assistance to State Impacted Areas ._.$ --0--
$ --0--
Mid-term Adjustment ._--..._.._....--$ 2,509,547.00 $ 3,484,755.00
Superintendents' Salaries --._..._...^$ 1,459,519.00 $ 1,542,477.00
Maintenance, Operation and Sick Leave _._._.------__.__--.------$ 15,574,800.00 $ 15,828,100.00
School Library & Non-Consumable Teaching Materials ____,,_,,.----------..$ 1,169,900.00 $ 1,306,600.00
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, unless such program or project has been specifically authorized by the General Assembly.
Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in, lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this Section shall be interpreted in such a way as to re duce eligibility of the State for federal funds or to au thorize reduction of the State appropriation for programs for which commitments have already been made to local systems.
Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated profes sional personnel serving as principals, instructional su pervisors, visiting teachers, librarians and guidance coun selors. If funds appropriated are inadequate to finance fully Section 12 of MFPE Act No. 523, reduction shall be prorated equitably among those systems receiving in creased allotments of certificated professional personnel subsequent to the 1964-65 school year.
Contingency and Hardship Funds shall be allocated uniformly among school systems based upon the increased financial cost to them caused (a) by the loss of equaliza tion funds and (b) the change to an equalized adjusted school property Tax digest in determining the system's financial ability to raise school funds.
(B) Capital Outlay--Authority Lease Rentals.
1965-66_-_-----_------------_-__._..._.--_._$ 23,700,000.00 1966-67....-____---------------.__._._-____--_-_-$ 23,700,000.00
For capital outlay purposes of the State Board of Education, including the payment of obligations hereto-
1250
JOURNAL OP THE HOUSE,
fore incurred by said Board pursuant to contracts entered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on contracts se curing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advisable for said Series 1953 Bonds to be refunded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Educa tion in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00.
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 $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the Uni versity System.
1965-66--_------___--------------------.----_$ 54,851,500.00
1966-67------_.-________-.__----____--_------____________.$ 63,753,000.00
Provided, that the above appropriations 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, and provided that from the above ap propriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and committeed to guarantee payment of lease rental con tracts as a first charge on such funds. 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 acqui sition of property as provided for in the provision of the State Constitution, and shall, second, apportion the re maining funds available to the various units to cover cost incident to the operation and development of the Uni versity System. The State Board of Regents shall imme diately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writ
ing.
No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal Government, or from donations, gifts, earnings, fees, rents, sales or other
FRIDAY, FEBRUARY 26, 1965
1251
sources of income, shall be available for use or expendi ture 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 ap proval of the Budget Bureau. Such further contracts may be entered into not to exceed $500,000.00 per annum.
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1966-67 Operating Expenses .........._......__...._.....--.$17,434,000.00
(B) Eugene Talmadge Memorial Hospital--State Board of Regents.
1965-66.----------.--..------_----------_...---- _$ 4,330,000.00 1966-67.....--...----.----_.------._----__----..---- -_$ 4,735,000.00
(C) Medical Education Board.
For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitu tion.
1965-66.........____....._ .__----____----______..--___--$ 1966-67-------------......----..----_-----$
150,000.00 150,000.00
Section 20. Teachers Retirement System.
For the State's contribution to the Teachers Retire ment Fund, including the cost of administration.
1965-66--------.---------.---------.--------$ 20,292,167.00 1966-67...--.--_.------------_----__--$ 22,461,044.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
State Matching Funds .-..--$20,028,094.00 $22,211,433.00
Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the pur pose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement Sys tem who retired on or before July 1, 1961.
1252
JOURNAL OF THE HOUSE,
Section 21. Educational Improvement Council.
1965-66-...------____.__--.----________,,___------$ 1966-67--_------------.-----.-------------.--$
50,000.00 50,000.00
Provided that the allocations to objects in the Budget
Eeport shall be changed to read as follows:
1965-66 1966-67 Personal Services ___------__.--....---$35,775.00 $37,323.00 Operating Expenses .__--------------$14,225.00 $12,677.00
Section 22. Higher Education Assistance Corporation.
1965-661966-67-
167,750.00 325,050.00
Section 23. State Scholarship Commission.
1965-66-------------------------------... . 1966-67---------------------------- --
247,500.00
497,370.00
Section 24. Executive Department.
(A) For the cost of operating the Executive Depart ment, including the cost and maintenance expense for the Executive automobile, and telephones at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and spe cial committee expenses.
1965-66......------------._-----------------------? 1966-67-------------------.------------------$
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.
1965-66.__.._----_----__----_----_ _._----____----..----$ 1966-67.----.-----------------------------.-----$
25,000.00 35,000.00
Section 25, Highway Department.
Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received 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 immedi-
FRIDAY, FEBRUARY 26, 1965
1253
ate preceding fiscal year and enter the full amount so determined on the records of the State as being the ap propriation payable in lieu of the amount appropriated herein.
(A) General Operations--for general administrative cost of operating the Highway Department, including equipment and compensation claims.
1965-66_____-_..--^.........____..___..-___.-._........____---..$ 5,800,000.00 1966-67_._.----.........._-..-_..___-._._.__.-__._......--$ 7,200,000.00
(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums necessary to pay these rentals accrued under these contracts, exe cuted or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds appropri ated to the Highway Department.
1965-66____-.---_...___._--..-_--___--,,.....----$ 18,300,000.00 1966-67~-----_------,,--_------------_---.$ 18,300,000.00
(C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, 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 cost 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 Fed eral aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budg etary authorization for the letting and execution of high way contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and consti tutionally appropriated to the State Highway Depart
ment.
1254
JOURNAL OF THE HOUSE,
Maintenance and Betterments--
1965-66------------------------__....__----------$ 21,416,800.00 1966-67----------------------...._.__--------$ 21,759,544.00
Planning and Construction--
1965-66--------_------------------------.___------$ 47,483,200.00 1966-67-----------------------------_.--------$ 48,240,456.00
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 construction and maintenance.
1965-66-----_._--._--_-----___--------------$ 4,817,013.03 1966-67..._------------___.------..__--------$ 4,817,013.03
(E) For grants to counties for aid in county road construction and maintenance.
1965-66----------_--------_--------__----------$ 4,500,000.00 1966-67-----------------------------------------$ 4,500,000.00
Provided that the appropriations in D above shall be distributed 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 mile age in the State, as such mileage information is furnished by the State Highway Department.
Provided further, that the governing authority of each county shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (D) and (E) above were used only for county road construc tion and maintenance.
(F) Grants to Municipalities--For grants to munici palities in accordance with the law authorizing such grants.
1965-66........------------------------_------_------$ 6,000,000.00 1966-67----------------------------__-----------$ 9,317,000.00
Provided, that the governing authority of each mu nicipality shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (F)
FRIDAY, FEBRUARY 26, 1965
1255
were used in accordance with the law authorizing such grants.
Section 26. Georgia Historical Commission. 1965-66...___________________ -___.-^
346,000.00 410,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Operating Expenses __.-.-.____..--__.$121,844.00 $180,788.00
Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia.
Section 27. Jekyll Island Committee. 1966-67-
650,000.00 650,000.00
With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruction, protection of beaches, and other capital outlay require ments.
Section 28. Labor, Department of.
(A) For the cost of operating the Commissioner's Office and Factory Inspection Division.
1965-66_.-..___-_.....---...___--....,,_--...._____,,__-__.$
200,000.00 210,000.00
(B) For that part of cost of operations and Em ployment Security Agency as authorized by Act approved March 8, 1945.
216,050.00 216,050.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
Training Allowances
1965-66
1966-67
.-$1,310,500.00 $1,310,500.00
Section 29. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic
1256
JOURNAL OF THE HOUSE,
help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and main tenance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the At torney General of Georgia to perform specific items of legal work in connection with the acquisition of rightsof-way on the State road system.
1965-66-------------------------------------$ 1966-67---------------------------------------$
Section 30. Library, State.
1965-66----..------------------------------$ 1966-67------------------------------__-----$
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Books for Library--------------.--$11,000.00 $11,000.00 Operating Expenses _--__,,_--.------------------$11,049.00
Section 31. Literature Commission, State.
1965-66-----------..___------------__------_$ 1966-67-.-------...__-_------------------------$
Section 32. Pardons and Paroles, State Board of.
1965-66------.--------.--------------------------$ 1966-67--------------------------------------$
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services --.--------------$515,000.00 $525,000.00
Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector.
1965-66-------..------------.------------------$ 1966-67----------------.-----------------------$
525,000.00 540,000.00
71,000.00 74,000.00
20,000.00 20,000.00 720,000.00 735,000.00
93,000.00 93,000.00
Section 34. Probation, State Board of.
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1965-66--------------------------------------$ 1966-67---------------------------------------------?
788,000.00 870,000.00
FRIDAY, FEBRUARY 26, 1965
1257
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67
Personal Services --,,------____.$560,000.00 $617,600.00 Operating Expenses ------._--$228,000.00 $252,400.00
Section 35. Public Defense, Department of.
For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning.
1965-66---------------------------------------$ 1966-67-------------------------------------_$
735,000.00 757,000.00
Section 36. Public Health, Department of.
(A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of private hospitals.
1965-66------------------------------------------$ 9,225,000.00 1966-67----------------------------_--------$ 9,625,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Operating Expenses __----._$30,954,608.00 $32,524,537.00
(B) Authority Rentals--For annual cost of acquir ing Eugene Talmadge Memorial Hospital.
1965-66------------..--.----------------------------$ 1966-67--------------__.....--------__------$
840,000.00 840,000.00
(C) For cost of operating the Alcoholic Rehabilita tion Program.
1965-66----------------------------------------.$ 1966-67---------------------------------------$
425,000.00 425,000.00
(D) Department of Public Health--For the cost of operating the Battey State Hospital, including pre-admis sion and post-discharge services.
1965-66----------------------------------_----------$ 3,400,000.00 1966-67------------------------------------.------$ 3,400,000.00
(E) Department of Public Health--Georgia Mental Health Institute. For the cost of operating the Mental
1258
JOURNAL OF THE HOUSE,
Health Institute, including pre-admission and post-dis charge services.
1965-66------___-------------------------$ 2,250,000.00 1966-67--------------------------------.------$ 2,500,000.00
(F) Department of Public Health--Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services.
1965-66--------------__----------------------$ 5,000,000.00 1966-67-------------------------------$ 5,500,000.00
(G) Department of Public Health -- Milledgeville State Hospital. For the cost of operating the Milledge ville State Hospital, including pre-admission and postdischarge services.
1965-66-----------------------------------$ 19,000,000.00 1966-67-------.----_------------------------------$ 20,500,000.00
Provided, however, that when patients are trans ferred from Milledgeville State Hospital to nursing home care, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Department of Family and Children Services which will defray the cost of the State's share of nursing home payments and ad ministrative grants to county departments entailed by said transfer.
(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.
1965-66--------------_-------------------------$ 2,000,000.00
1966-67--_--_------------------------------$ 2,000,000.00
(I) Mental Retardation Institute. For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equip ment.
1965-66--------------------------------------------$ 1966-67-------------------------------------$
85,000.00 400,000.00
(J) Division for Water Quality Control.
1965-66------------------------------------------$ 1966-67-.-----------_----___------------$
75,000.00 100,000.00
OO'OOO'STO'^3 $---------------------------------2,9-9 %T 00'000'3^8'TS j-----------------------------------------99-9961:
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1260
JOURNAL OP THE HOUSE,
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ------$ 2,167,900.00 $ 2,444,000.00
Operating Expenses -...$120,241,600.00 $132,952,900.00
Provided further, that in the event any funds appro priated in this Section to Subsections (A), (B) and (C), are not needed by the Department of Family and Chil dren Services by virtue of an increase in the applicable Federal matching funds provided by the Federal Govern
ment to any such program, then of such funds so freed, a sum up to $1,000,000.00 is hereby appropriated to the implementation of the Medical Assistance For The Aged Program in fiscal year 1965-66, and of such funds so appropriated $38,000.00 is hereby allocated to the pur poses specified in Subsection (A) of this Section,
$180,000.00 is hereby allocated to the purposes specified in Subsection (B) of this Section, and the balance is hereby allocated to the purposes specified in Subsection (C) of this Section.
(D) Institutions. For the cost of operation of the training schools and other institutions under the admin istration of the Department of Family and Children Services.
1965-66------------_--------------__...__----.$ 1966-67-_______-___------------------------------$
3,594,000.00 3,834,000.00
Provided that the allocation to objects in the Budget Report shall be changed to read as follows:
1966-67 Personal Services --------------------------$2,418,000.00 Operating Expenses ------------------------$2,256,000.00
Section 40. Purchases, Supervisor of.
1965-66...... ------ _------------------ --------------$ 1966-67...... ....... ----------------------$
295,000.00 305,000.00
Section 41. Recreation Commission.
1965-66--------------------------------$ 1966-67--------------------.-------------$
60,000.00 60,000.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Personal Services ------------------.$36,000.00 $38,000.00 Operating Expenses --------------.$24,000.00 $22,000.00
Section 42. Revenue, Department of.
(A) For cost of operating the Department of Reve nue.
1965-66--------------------------------------$ 1966-67---------------------------------------$
8,750,000.00 8,950,000.00
FRIDAY, FEBRUARY 26, 1965
1261
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66
1966-67
Personal Services ----------__-$5,523,000.00 $5,703,000.00
(B) Grant to counties--Tax re-evaluation.
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies.
1965-66----_.
-$
1966-67_...._..
100,000.00 100,000.00
(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 origi nally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be avail able for further tax evaluation loans to counties.
Section 43. Science and Technology Commission. 1966-67-
40,600.00 40,600.00
Section 44. Secretary of State.
(A) Combined Divisions.
For the cost of operating the office of Secretary of State, and all other programs administered through such office.
1965-66--..__--...----.......__----.._....__--...._--$ 1966-67-------------_.-----------------------$
553,800.00 569,000.00
Provided, however, that $75,000.00 of such funds for each fiscal year shall be used for implementation of the Georgia Administrative Procedures Act.
(B) Examining Boards.
1965-66.----------.__-____----------------------$ 1966-67----------------------------------------$
554,000.00 564,000.00
(C) Archives and Records.
For the cost of operation of Archives and History, microfilming and housing records, and the State Museum,
1262
JOURNAL OF THE HOUSE,
including lease rental payments to the State Office Build ing Authority for the State Archives Building in amount of $815,000.00 per annum.
1965-66.--.---------------------------------$ 1,181,000.00
1966-67----_------ ---------------
$ 1,192,000.00
(D) Buildings and Grounds.
For the cost of operating the State Capitol Build ing 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.
1965-66._---_-------------_-------------------$ 1966-67--_____----------------------------$
435,000.00 450,000.00
(E) Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1965-66__._._...------ -------------------------$ 1966-67-----._----_.-_----------------__.-,,_-----_$
100,000.00 100,000.00
Provided that the allocations to objects in the Budget
Report shall be changed to read as follows:
1965-66
1966-67
Personal Services --...--.-------$1,142,389.00 $1,248,743.00
Operating Expenses ......----....$ 781,411.00 $ 726,257.00
Section 45. Stone Mountain Memorial Committee.
For operating costs including costs of improvements by convict labor.
1965-66------------------__-----------------$ 1966-67-----------------------------------------$
400,000.00 400,000.00
Section 46. Treasury, State.
For operation of State Treasury including Bond Commissioner.
1965-66.---------------------------------------------$ 1966-67-.....--...............---..__.----------------$
122,500.00 122,500.00
Section 47. Veterans Service.
(A) For the cost of operating the Department of Veterans Service.
1965-66---.------------____----------------.__..$ 1966-67.--------_____------------....-------------$
869,000.00 900,000.00
FRIDAY, FEBRUARY 26, 1965
1263
(B) For the cost of operating the Veterans Service Board, Veterans Home.
1965-66----------------------------------------$ 1966-67-------~-~ _ .--------------------------$
346,750.00 346,750.00
Provided that the allocations to objects in the Budget Report shall be changed to read as follows:
1965-66 1966-67 Payments to Veterans' Home _-- $661,472.00 $660,236.00
(C) For the cost of pensions to Confederate Widows.
1965-66----------------------------.---.-.$ 1966-67-_.---------------------------------------.$
100,000.00 90,000.00
Section 48. Workmen's Compensation, State Board of.
For the cost of operating the State Board of Work men's Compensation.
1965-66---- --..-._.---._--------. ------ ..------.$ 1966-67----------------------------------------$
512,676.00 526,737.00
Section 49. 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 re quires expenditure of any part of the said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.
6--------_._---------_----------------$ 2,000,000.00 1966-67-.---------------------------------------$ 2,000,000.00
Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distribu tor being engaged in retailing gasoline.
Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or in-
1264
JOURNAL OP THE HOUSE,
stitution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Appro priation Act between any department, agency or institu tion of the State, and any Authority created and acti vated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment con stitutes 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.
Section 52. 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 Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 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 re ported, in writing, to the Chairmen 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 recom mendation 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. 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 1965 to 1967 biennium, unless such program or project shall have been specifically au thorized by the General Assembly.
Section 53. 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
FRIDAY, FEBRUARY 26, 1965
1265
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 (Ga. Laws 1962, p. 17).
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 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 1965-66.------ $587,679,744.90
TOTAL APPROPRIATION 1966-67..____-$630,260,143.90
Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.
The Conference Committee on HB 25 (General Appropriations Bill) has met and submits the following:
The Bill used as a basis for the Committee's consideration and as a basis for this Report is the Bill as it passed the House of Repre sentatives. Consequently, only Senate changes to said Bill and changes recommended by the Conference Committee itself are referred to here inafter. Except for the Senate changes which the Conference Committee recommends be adopted and the Conference Committee changes which are recommended, the Conference Committee recommends the adoption of the Bill as it passed the House of Representatives. The Committee recommends that:
(1) The House agree to Senate Amendment to Section 2.
(2) The House agree to Senate Amendment to Section 3.
(3) The House agree to Senate Amendment to Section 4.
(4) The House agree to Senate Amendment to Section 6.
(5) The House agree to Senate Amendment to Section 7.
(6) The House and Senate both recede from their positions on
Section 8 and accept the following:
"Section 8. Art Commission, Georgia.
1965-66_____.-_._------.--___.......................,,.$ 1966-67^__.__.___.____---,,-___.___..._.__..._._,,$
27,500.00 27,500.00
1266
JOURNAL OF THE HOUSE,
(7) The House agree to Senate Amendment to Sec tion 13 (B).
(8) The House agree to Senate Amendment to Sec tion 16 D.
(9) The House agree to Senate Amendment to Sec tion 16 F.
(10) The House agree to Senate Amendment to Sec tion 17 (A), but in order to correct a typographical error, it is recommended that the Senate and House both recede from their positions and that the following be adopted:
"(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System.
1956-66.-------------------------------$ 1966-67--_--__---------.-_.----_.___._----------.$
4,750,000.00 4,892,000.00
"Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians."
(11) The House agree to Senate Amendment to Sec tion 18 (A).
(12) The House agree to Senate Amendment to Sec tion 18 (B).
(13) The Senate recede from its position on its amendment to Section 19 (A) and the Conference Com mittee recommends that the language in the House Bill be accepted with the following proviso added at the end thereof:
"Provided, that of the above amount, not more than $100,000.00 shall be expended in the year 1966-67 for the purpose of repairing and restoring the Ex ecutive Mansion at Milledgeville."
(14) The House agree to Senate Amendment to Sec tion 21.
(15) The House and Senate both recede from their positions on the last paragraph of Section 25 (E) and the Conference Committee recommends the following lan guage for such paragraph:
"Provided further, that a member of the gov erning authority of the county, designated by such
FRIDAY, FEBRUARY 26, 1965
1267
authority, shall execute an affidavit annually that funds received under this Section have been ex pended in accordance with the law and the Constitu tion, and file the same with the Director of the High way Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year."
(16) That the House and Senate both recede from their positions on the last paragraph of Section 25 (F) and the Conference Committee recommends the following language for such paragraph:
"Provided further, that a member of the gov erning authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been ex pended in accordance with the law and the Constitu tion, and file the same with the Director of the Highway Department. At the request of the Gov ernor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year."
(17) The Senate recede from its position on Sec tion 26.
(18) The House agree to Senate Amendment to Sec tion 28 (B).
(19) The House agree to Senate Amendment to Sec tion 34.
(20) The House agree to Senate Amendment to Sec tion 36 (G).
(21) The House agree to Senate Amendment to See36 (K).
(22) The House agree to Senate Amendment to Sec tion 39 (C).
(23) The House agree to Senate Amendment to Sec tion 41.
1268
JOURNAL OF THE HOUSE,
(24) The House agree to Senate Amendment to Sec tion 44.
(25) The Senate and the House both recede from their positions on Section 52 and that the following sen tence be added to the end of Section 52 of the Bill as passed by the House:
"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 1965 to 1967 biennium, unless such program or project shall have been approved by the Budget Director, who shall report the same to the next regular session of the General Assembly."
(26) The House and the Senate recede from their positions on the Total Appropriations at the end of Sec tion 53 and the following totals be inserted in lieu of the present totals:
"TOTAL APPROPRIATION 1965-66 ... $586,980,944.90
"TOTAL APPROPRIATION 1966-67-~~-__-__ $630,958,943.90"
Respectfully submitted:
For the Senate:
Julian Webb Hugh M. Gillis Lamar R. Plunkett
For the House:
D. B. Blalock C. R. Vaughn, Jr. Arthur K. Bolton
Mr. Bolton of Spalding moved that the House agree to the Report of the Conference Committee:
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 Balkcom
Beck Bedgood Black
Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Dean DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar
Floyd
Fulford
Gary
Grahl
Hale
Harrell
Harrington
Harris, J. F.
Harris, J. R.
Henderson
FRIDAY, FEBRUARY 26, 1965
1269
Herndon Houston Howell Hudgins Hutehinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard Looper Lowrey Luke Matthews, C. Matthews, D. R. Mauney McDaniell McRae Melton Merritt Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Oglesby
Otwell
Overby
Page
Paris
Parker
Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Ross Rowland Russell Savage Sewell Shea Singer Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers Stalnaker Steis Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker
Ware
Watson
Wells
White
Wiggins
Williams, W. M.
Woodward
Wright
Those voting in the negative were Messrs.:
Jones, G. Paul Lewis, E. B.
Mixon
Simkins
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Ballard Barber Branch Brantley Brown, Gene Conner Crowe Dailey Davis DeLoach Dickinson Flynt Griffin Griffis Hall Harris, R. W. Holder
Hull Jordan, W. H. Knight, D. W. Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Maddox Marshall Mauldin McClelland McCracken McKemie Milhollin Minge Mitchell Pafford Pickard
Reid Rogers, Jimmie Roper Rush Shuman Simmons Simpson Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Story Strickland Tabb Watkins Williams, G. J. Wilson Mr. Speaker
On the motion to agree, the ayes were 146, nays 4.
The House has adopted the report of the Conference Committee on HB 25.
Mr. Mixon of Irwin stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye."
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 the adoption of the Conference Committee report to HB 25.
Under the General Order of Business, established by the Committee on Rules, the following Bill of the House was again taken up:
HB 289. By Mr. Blalock of Coweta:
A Bill to be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired, and for other purposes.
The following substitute was read:
FRIDAY, FEBRUARY 26, 1965
1271
HB 289. By Mr. Blalock of Coweta:
A BILL
To be entitled an Act to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; to provide for definitions; to provide that this Act shall not be construed to relieve contractors from liability; to provide for barriers, lights and signs to be placed at each end of such closed streets, roads, highways or bridges; to authorize the State Highway Department to promulgate rules and regulations and to specify the material and design of such barriers, signs and lights; to prohibit traffic of any kind upon such closed streets, roads, highways or bridges; to provide for penalties; to provide for the enforcement of this Act by State, county and municipal law enforcement officers; to provide that this Act shall not be construed to relieve insurance carriers from the provisions of any insurance policy; to provide for the legisla tive intent of this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, unless the context clearly requires otherwise, the word "contractor" shall mean any person, firm, corpora tion, public authority, county, municipality, the State or any depart ment, division or agency thereof in charge of constructing or repairing any street, road, highway or bridge, or any part of any of them, located within this State.
Section 2. Whenever any street, road, highway or bridge, or any part of any of them, is being constructed or repaired, the contractor in charge of such construction or repairs is hereby authorized, upon obtain ing the written authority from the governmental agency contracted with, to control the use of such street, road, highway or bridge, or any part of any of them, until such construction or repairs are completed, provided that this Section shall not be construed by any court to relieve such contractor of any liability resulting from the use of such roads, streets, highways or bridges that exists under the present laws of this State.
Section 3. (a) The contractor in charge of any street, road, high way or bridge, or any part of any of them, which is closed during such construction or repairs, may place and maintain barriers at each end of the closed portion which shall be of such material and construction and so placed as to indicate that the street, road, highway or bridge is closed and shall be lighted at night, and shall erect and maintain suitable signs at a distance before each end of the closed portion to provide adequate warning.
(b) The State Highway Department is hereby authorized to promul gate rules and regulations to carry out the provisions of this Section, and may specify the materials and design of such barriers, lights and signs to be placed at each end of such closed streets, roads, highways or bridges.
1272
JOURNAL OF THE HOUSE,
Section 4. Any person who, without lawful authority, willfully removes, takes down, alters the position of, destroys, passes over or beyond any barrier, light, or sign so erected and maintained, or operates any vehicle, any bicycle, or rides or drives any animal or animals upon any portion of a street, road, highway or bridge closed by barriers as provided herein, or walks or travels in any manner upon the materials placed upon such closed street, road, highway or bridge, as part of the construction or repair work, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.
Section 5. Law enforcement officers of the State, counties and municipalities who are authorized to make arrests are hereby authorized to enforce the provisions of this Act.
Section 6. No provision of this Act shall ever be construed by any court, of this State or of the United States of America in such a manner as to relieve any contractor of any liability that exists under the negli gence statutes, rules and laws of this State. Neither shall any court of this State or any court of the United States of America ever construe any provision of this Act in such a manner as to relieve any person or any insurance carrier from the provision of any insurance policy issued by any person, firm, association or corporation engaged in the insurance business.
It is the expressed legislative intent of this Act that all contractors liability shall remain the same under the laws of this State as such liability was prior to the enactment of this Act.
It is further the expressed legislative intent of this Act that no provision of any insurance policy now or hereafter issued by any person, firm, association, cooperative or group of any kind, or a corporation engaged in the business of insurance shall ever be declared void or coverage eliminated by any of the provisions of this Act.
The following amendment to the substitute was read and adopted:
Mr. NeSmith of Meriwether moves to amend HB 289 substitute as follows:
By striking Section 4 of said substitute and inserting in lieu thereof the following:
"Section 4. Any person who without lawful authority wilfully removes, takes down, alters the position of, or destroys any barrier, light, or sign, so erected or maintained shall be guilty of a mis demeanor, and upon conviction thereof shall be punished as for a misdemeanor."
The Substitute as amended was adopted.
FRIDAY, FEBRUARY 26, 1965
1273
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 Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Davis Dean DeVane Dorminy
Doster
Duncan, A. C.
Duncan, V. W.
Dunwody
Etheridge
Floyd
Fulford
Gary
Grahl Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey Luke Matthews, C. Mauldin Mauney McDaniell McRae
Melton
Merritt
Mitchell
Mixon
Moore, Don C.
Moses
Murphy
NeSmith, J. D.
Newton, A. S. Newton, D. L. Odom Oglesby Overby Page Paris Parker Perry Peterson Phillips, L. L. Pope Potts Reid Richardson Roberts Rodgers, H. B. Russell Savage Sewell Shea Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Tucker, J. B.
Underwood
Vaughn, C. R.
Walker
Ware
White
Wiggins
Williams, W. M.
1274
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Dickinson Dixon Houston
Jones, M. Poss Ross
Vaughan, D. N.
Those not voting were Messrs.:
Bagby Ballard Bowen, J. O. Brackin Branch Brantley Brown, Gene Collins, M. Conger Conner Crowe Dailey DeLoach Dollar Evans Farrar Flynt Griffin Griffis Hale Hall Harris, R. W. Jones, C. M. Jones, F. C.
Jordan, W. H. Kelly Lambert Lee, G. B. Lewis, P. B. Lovett Maddox Marshall Matthews, D. R. McClelland McCracken McKemie Milhollin Minge Moate Moore, J. H. Nessmith, P. Otwell Pafford Phillips, G. S. Pickard Rainey Reaves Rhodes
Rogers, Jimmie Roper Rowland Rush Shuman Simmons Simpson Smith, A. B. Smith, G. L. II Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Watkins Watson Wells
Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 7.
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 of the House were taken up for consideration and read the
third time:
HB 130. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act, and for other purposes.
FRIDAY, FEBRUARY 26, 1965
1275
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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Davis Dickinson Dorminy
Doster
Duncan, V. W.
Dunwody
Etheridge
Evans
Floyd
Gary
Grahl
Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Hudgins Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey Luke Matthews, C. Mauldin Mauney McDaniell Melton Merritt Mitchell Mixon
Moate
Moore, Don C.
Moses
Murphy
Newton, A. S.
Odom
Oglesby
Overby
Page Paris Parker Perry Peterson Phillips, L. L. Pope Poss Potts Rainey Reid Richardson Rodgers, H. B. Russell Savage Sewell Shea Simkins Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tidwell Tucker, J. B.
Underwood
Vaughan, D. N.
Walker
Ware
White
Wiggins
Williams, W. M.
Those voting in the negative were Messrs.: Dean, Ross and Wright.
1276
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Anderson
Bagby Ballard Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Chandler Collins, M. Conger Conner
Crowe Dailey DeLoach DeVane Dixon Dollar Duncan, A. C. Farrar Flynt Fulford Griffin Griffis Hale Hall Harrell Harrington Harris, R. W.
Howell Hull Hutchinson Jessup Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Knight, D. W. Lambert Lane Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Maddox Marshall Matthews, D. R. McClelland McCracken McKemie
McRae Milhollin Minge Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Pafford
Phillips, G. S. Pickard Reaves Rhodes Roberts Rogers, Jimmie Roper Rowland Rush Shuman Simmons Simpson Singer Smith, A. B. Smith, G. L. II Smith, J. R. Story Tabb Thomas Thomason Tucker, Ray M. Vaughn, C. R. Watkins Watson Wells Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Rhodes of Baker 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 130.
HB 131. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 26, 1965
1277
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 Arnsdorff Balkcom Beck Bedgpod
Blair Blalock Bolton Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Davis Dean DeVane Dorminy Doster Duncan, V. W. Dunwody Etheridge
Evans Floyd Gary Grahl Harrell Harris, J. F.
Harris, J. R. Henderson Holder Houston Hudgins Hutchinson Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lowrey Luke Matthews, C. Mauldin Mauney McDaniell Melton Merritt Mitchell Mixon Moate Moore, Don C. Moses Murphy Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, L. L. Pope Poss Potts Reid Rhodes Richardson Russell Sewell Shea Simkins Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Strickland Sweat Thomas Thomason Tucker, J. B. Underwood Vaughan, D. N. Walker White Wiggihs Williams, W. M.
Those voting in the negative were Messrs.
Anderson
Black McRae
NeSmith, J. D. Roberts Ross
Savage Wright
Those not voting were Messrs.:
Alien Bagby
Ballard Barber
Bowen, J. O. Bowen, R. L.
1278
Brackin Branch Brantley Brinkley Chandler Collins, M. Conger Conner Crowe Dailey DeLoach Dickinson Dixon Dollar Duncan, A. C. Farrar Flynt Fulford Griffin Griffis Hale Hall Harrington Harris, R. W. Herndon Howell
JOURNAL OF THE HOUSE,
Hull Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, W. H. Lane Lee, G. B. Lewis, P. B. Lovett Maddox Marshall Matthews, D. R. McClelland McCracken McKemie Milhollin Minge Moore, J. H. Nessmith, P. Pafford Phillips, G. S. Pickard Rainey Reaves Rodgers, H. B.
Rogers, Jimmie Roper Rowland Rush Shuman Simmons Simpson Singer Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Story Tabb Tidwell Tucker, Ray M. Vaughn, C. R. Ware Watkins Watson Wells Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 112, nays 8. The Bill, having received the requisite constitutional majority, was passed.
HB 132. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond, and for other purposes.
The Clerk was directed to correct a typographical error in Section 1 of this Act by changing the word "and" to "or".
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:
FRIDAY, FEBRUARY 26, 1965
1279
Those voting in the affirmative were Messrs.
Abney Arnsdorff Bedgood Blair Blalock Bolton Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, 3. F. Crowe Dean Dickinson Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge Floyd Gary Grahl Hale Harrell Harris, J. F. Harris, J. R. Holder
Houston Howell Hutchinson Irvin Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lowrey Luke Matthews, C. Mauldin Mauney McDaniell Melton Merritt Mixon Moate Moore, Don C. Murphy Newton, A. S. Odom Oglesby Otwell Overby Page
Paris Parker Pope Poss Potts Reaves Reid Rhodes Richardson Rogers, Jimmie Rowland Rush Russell Sewell Shea Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers Steis Strickland Sweat Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson White Wiggins Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.
Anderson Balkcom Black Bynum Colwell Davis
DeVane Henderson Lewis, E. B. Looper McRae Moore, J. H.
Those not voting were Messrs.:
Acree Alien Bagby
Ballard Barber Beck
NeSmith, J. D. Roberts Ross Savage Wright
Bowen, J. O. Bowen, R. L. Brackin
1280
Branch Brantley Chandler Coker, R. Collins, M. Conger Conner Dailey DeLoach Dollar Duncan, A. C. Evans Parrar Flynt Fulford Griffin Griffis Hall Harrington Harris, R. W. Herndon Hudgins Hull Jessup
JOURNAL OF THE HOUSE,,
Johnson, Dr. A. S. Jordan, W. H. Lane Lee, G. B. Lewis, P. B. Lovett Maddox Marshall Matthews, D. R. McClelland McCracken McKemie Milhollin Minge Mitchell Moses Nessmith, P. Newton, D. L. Pafford Perry Peterson Phillips, G. S. Phillips, L. L. Pickard
Rainey Rodgers, H. B. Roper Shuman Simmons Singer Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Salnaker Story Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Watkins Wells Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 108, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and others: A Bill to be entitled an Act to amend an Act known as the "Cooperative Marketing Act", so as to provide for the election of officers from and by others than Directors, and for other purposes.
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
Arnsdorff Balkcom Barber
Bedgood Black Blair
Bolton Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Crowe Davis Dean DeVane Dickinson Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge Floyd Fulford Gary Grahl Hale Harrell Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jones, C. M.
FRIDAY, FEBRUARY 26, 1965
1281
Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lowrey Luke Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson
Pope Poss Potts Rainey Reaves Reid Rhodes Richardson. , Rogers, Jimmie Ross Rowland Russell Savage Sewell Shea Simkins Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Story Strickland Sweat Thomas Thomason Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson White Wiggins Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs. :
Alien Bagby Ballard Beck Blalock Bowen, J. O. Bowen, R. L.
Brackin Branch Brantley Brown, Gene Chandler Coker, R. Conger
Conner Dailey DeLoach Dollar Duncan, A. C. Evans Farrar
1282
JOURNAL OF THE HOUSE,
Flynt Griffin Griffis Hall Harrington Harris, R. W. Hull Jessup Johnson, Dr. A. S. Johnson, B. Knight, D. W. Lewis, P. B. Lovett Maddox Marshall
McClelland McCracken McKemie Milhollin Mitchell Moses Nessmith, P. Pafford Phillips, G. S. Phillips, L. L. Pickard Roberts Rodgers, H. B. Roper Rush
Shuman Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Tabb Tidwell Tucker, J. B. Watkins Wells Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 413. By Messrs. Griffis of Cook and Colwell of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act to author ize the State Highway Board to construct and maintain airports, land ing fields, and other air navigation facilities, so as to authorize the State Highway Department to construct and maintain airports and landing 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.:
Abney Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black
Blair Blalock Bolton Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell
Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Davis
FRIDAY, FEBRUARY 26, 1965
1283
Dean DeVane Dickinson Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge Floyd Grahl Griffin Harris, J. F. Harris, J. R. Henderson Houston Howell Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lambert Lane Lee, F. S. Leonard Lewis, E. B. Looper Lowrey
Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Pope Poss Potts Rainey Reaves
Reid Rhodes Roberts Rogers, Jimmie Ross Savage Shea Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watson Wells White Wiggins Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.
Gary Irvin Lee, W. J. (Bill)
Luke Richardson Russell
Those not voting were Messrs.:
Alien Ballard Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brown, Gene Bynum Chandler Conger
Conner Dailey DeLoach Dollar Duncan, A. C. Evans Farrar Flynt Fulford Griffis
Hale
Walker
Hall Harrell Harrington Harris, R. W. Herndon Holder Hull Jessup Jones, C. M. Jones, F. C. Jordan, W. H.
1284
Knight, D. W. Laite Lee, G. D. Lewis, P. B. Lovett Maddox Marshall McClelland McCracken Minge Mitchell Nessmith, P. Pafford
JOURNAL OF THE HOUSE,
Phillips, G. S. Phillips, L. L. Pickard Rodgers, H. B. Roper Rowland Rush Sewell Shuman Simkins Simmons Simpson Singer
Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Story Tabb Tucker, Ray M. Watkins Williams, G. J. Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:30 a.m. Monday and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock a.m. Monday.
MONDAY, MARCH 1, 1965
1285
Representative Hall, Atlanta, Georgia Monday, March 1, 1965.
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 Rev. Jerry Vines, Pastor, 2nd Baptist Church, Cedartown, Ga.
The roll call was ordered and the following members answered to their names :
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner
Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin
1286
Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Rainey
JOURNAL OF THE HOUSE,
Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Sinikins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes
Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
MONDAY, MARCH 1, 1965
1287
By unanimous consent, the Rules were suspended in order that all Bills and Resolutions introduced during the period of unanimous consent could be read for the first time and referred to the Committees.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HR 213-569. By Mr. Fulford of Terrell:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school super intendent of Terrell County by the board of education of Terrell County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 570. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 571. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Tift County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 572. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to place the Sheriff of Tift County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 573. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Tift County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
1288
JOURNAL OF THE HOUSE,
HB 574. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend Code Section 92-4105, relating to the limitation on cities' right of taxation, so as to correct certain errors contained in an Act amending said Code Section; and for other purposes.
Referred to the Committee on Judiciary.
HB 575. By Mr. Lee of Clinch:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 577. By Messrs. Underwood of Taylor, Stalnaker and Peterson of Houston, Rodgers of Charlton, Hudgins of Chattahoochee, Herndon of Appling, Bowen of Dooly, Grahl of Peach and others:
A Bill to be entitled an Act to provide for compulsory motor vehicle liability insurance, relating to the giving of security by owners and operators of motor vehicles; and for other purposes.
Referred to the Committee on Judiciary.
HB 578. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 579. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville, so as to change the compensation of the Judge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding, Smith of Grady, Hale of Dade and Brooks of Fulton:
A Bill to be entitled an Act to provide for the election of members of the House of Representatives in 1965 who shall take office and serve for a period of time as provided in Code Section 47-101 relating to the membership of the House of Representatives, as amended; and for other purposes.
Referred to the Committee on Rules.
MONDAY, MARCH 1, 1965
1289
HB 581. By Messrs. Bagby of Paulding, Brooks of Fulton, Bynum of Rabun, Kelly of Jasper, Mixon of Irwin and Vaughan of Bartow:
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 repeal the provision requiring the filing of proof of financial responsibility upon the second conviction of certain offenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 584. By Mr. Lambert of Morgan:
A Bill to be entiteld an Act to amend an Act providing that any judge of the superior court may request any judge emeritus of the superior court of his judicial circuit or any adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making the request, so as to provide that any judge emeritus may serve in any judicial circuit of the State on request of a judge of any superior court; and for other purposes.
Referred to the Committee on Rules.
HB 587. By Mrs. Merritt of Sumter, and Mr. Blair of Sumter:
A Bill to be entitled an Act to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 589. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend Code Chapter 26-27 relating to tools used in committing crimes, so as to prohibit any device or plans designed to conceal the existence of place of origin or destination of any telephone call or telegraph message, to provide for criminal penal ties; and for other purposes.
Referred to the Committee on Judiciary.
HB 590. By Mr. Poss of Madison:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues of Madison County so as to provide for the composition of the board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 591. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court, the ordinary, the tax commissioner, and the coroner of Madison County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
1290
JOURNAL OF THE HOUSE,
HB 592. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Madison County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 593. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to provide that all counties in this State which have not completed a tax evaluation and equalization program shall complete such a program on the various classes of property in the respective counties on or before July 1, 1968; and for other purposes.
Referred to the Committee on Ways and Means.
HB 594. By Mr. White of Mclntosh:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Mclntosh County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 595. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to place the sheriff of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 596. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax year; and for other purposes.
Referred to the Committee on Local Affairs.
HB 597. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act fixing the salary of the the treasurer of Haralson County, so as to increase the compensation of the treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, MARCH 1, 1965
1291
HB 598. By Mr. Brantley of Candler:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Candler County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Williams of Hall moved that the following Bill of the House be engrossed:
HB 599. By Messrs. Moses of Montgomery, and Williams and Overby of Hall:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that certain vehicles may exceed a total outside width of 96 inches with out the necessity of a special permit; and for other purposes.
On the motion to engross, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Balkcom Beck Bedgood Black Blair Brackin Brinkley Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey
Davis DeLoach DeVane
Dickinson Dixon Dollar Duncan, A. C. Etheridge Evans Farrar Ployd Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, G. Paul
Jones, M. Jordan, W. H. Knight, D. W.
Lambert Lane Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McKemie McRae Melton Merritt Milhollin Mixon Moate Moses
Murphy NeSmith, J. D. Newton, D. L.
1292
Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Poss Rainey Reaves Reid
JOURNAL OF THE HOUSE,
Rhodes Richardson Roberts Rogers, Jimmie Rush
Russell Sewell Shea Shuman Simkins Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes
Spillers Steis
Story Strickland Sweat Tabb Vaughan, D. N. Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs. :
Alien Arnsdorff Bagby Ballard Barber Blalock Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Bynum Clark, J. T. Conner
Dean
Dorminy
Doster
Duncan, V. W.
Dunwody
Flynt
Fulford
Hale
Hall Harris, R. W. Houston Hull Jessup Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Knight, W. D. Laite Lowrey Marshall McClelland McDaniell Minge
Mitchell
Moore, Don C.
Moore, J. H.
Nessmith, P.
Newton, A. S.
Peterson
Pickard
Potts
Rodgers, H. B. Roper Ross Rowland Savage Simmons Simpson Singer Smith, Chas. C. Smith, V. T. Stalnaker Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
Vaughn, C. R.
Walker
Watkins
Wells
White
Mr. Speaker
On the motion to engross, the ayes were 131, nays 0.
The motion prevailed and HB 599 was ordered engrossed and referred to the Committee on Highways.
MONDAY, MARCH I, 1965
1293
HB 600. By Messrs. Harris of DeKalb and Dixon of Ware:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes.
Referred to the Committee on Judiciary.
HE 223-600. By Mr. Rhodes of Baker:
A Resolution proposing an amendment to the Constitution so as to create the Baker County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 601. By Messrs. Rhodes of Baker, Odom of Dougherty, Grahl of Peach, Collins of Mitchell, Matthews of Colquitt and others:
A Bill to be entitled an Act to provide that any person who knowingly sells or gives any narcotic drug to a minor, except as authorized by an Act known as the "Uniform Narcotic Drug Act" shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.
HB 602. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Statesville, in Echols County", so as to reincorporate the Town of Statesville as the City of Statenville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 603. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Statesville, in Echols County", so as to change the corporate limits of said town; and for other purposes.
Referred to the Committee on Local Affairs.
HB 604. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Echols County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
1294
JOURNAL OF THE HOUSE,
HB 605. By Mr. McKemie of Clay:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Gaines, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 606. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Wilkinson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 607. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to abolish the present method of com pensating the ordinary of Wilkinson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 608. By Mr. Herndon of Appling: A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system, so as to change the com pensation of the secretary of the sheriff of Appling County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 609. By Messrs. Moore and Dean of Polk: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to change the tax millage rate; and for other purposes.
Referred to the Committee on Local Affairs.
HR 224-609. By Messrs. Jones, Dunwody and Laite of Bibb: A Resolution releasing certain property belonging to Ernest Genone, Jr., from all fi. fas., and for other purposes.
Referred to the Committee on Appropriations.
HB 610. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life
MONDAY, MARCH 1, 1965
1295
insurance companies doing business within the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 611. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to authorize the use of voting machines in all municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 612. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HR 225-612. By Mr. Conner of Jeff Davis:
A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose of studying fire insurance underwriting practices which prevail in the State; and for other purposes.
Referred to the Committee on Rules.
HB 613. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to implement the constitutional amendment creating the "Emanuel County Development Authority", which amend ment may be found in Ga. Laws 1962, p. 758; 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 537. By Messrs. Herndon of Appling, Rush of Tattnall, and Thomas of Wayne:
A Bill to be entitled an Act to amend an Act levying a tax on cigars, cheroots and stogies, so as to change the tax on certain cigarettes; and for other purposes.
1296
JOURNAL OF THE HOUSE,
HB 538. 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 Appling County, so as to provide for an annual audit; and for other purposes.
HB 539. By Mr. Griffis of Cook:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide a maximum license fee for private trucks hauling livestock; and for other purposes.
HB 540. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Bleckley County, known as the fee system; and for other purposes.
HB 541. 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 for Walton County, so as to change the compensation of the members of the board except the chair man; and for other purposes.
HB 542. By Mr. Looper of Dawson: A Bill to be entitled an Act to amend Code Chapter 95-17, relating to State-aid roads, so as to allow the use of convict labor by the State Highway Department; and for other purposes.
HB 543. By Mr. Looper of Dawson: A Bill to be entitled an Act to provide for supplemental compensation for the Ordinary of Dawson County; and for other purposes.
HB 544. By Mr. Looper of Dawson: 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 from the tax imposed by said Act the sale of all drugs and medicines which require a prescription from a licensed physician prior to their sale to the general public and all funeral supplies; and for other purposes.
HB 545. By Mr. Duncan of Fannin: A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Fannin County, known as the fee system; and for other purposes.
MONDAY, MARCH 1, 1965
1297
HB 546. By Messrs. Looper of Dawson and Colwell of Union:
A Bill to be entitled an Act to be known as "The Alcohol Beverage Control Act"; to provide for a Department of Alcohol Beverage Control; and for other purposes.
HB 547. By Messrs. Bowen, Harris and Farrar of DeKalb: A Bill to be entitled an Act to amend an Act entitled "The Georgia Health Code", so as to provide that the principal city having a popula tion of 23,000 or more shall contribute not less than fifty percent of the health budget derived from local funds; and for other purposes.
HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb: A Bill to be entitled an Act to amend an Act amending Code Section 92-6201 providing for the time for making tax returns in certain counties, so as to provide that the Tax Commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes.
HB 549. By Mr. NeSmith of Meriwether: A Bill to be entitled an Act to promote the safety of the traveling public and employees of common carriers by railroad; and for other purposes.
HB 550. By Mr. Harris of Glynn: A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases; acceptance by sheriffs and con stables, so as to provide that sheriffs and constables may accept cog nizance bonds in certain misdemeanor cases involving military person nel; and for other purposes.
HB 551. By Messrs. Minge and Lowrey of Floyd and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside this State; and for other purposes.
HR 208-551. By Messrs. Newton and Matthews of Colquitt:
A Resolution adopting a new song, "Georgia Is The State For Me", as the official State Song; and for other purposes.
1298
JOURNAL OP THE HOUSE,
HB 552. By Messrs. Sewell and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act relating to the registra tion of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties, so as to change the compensation to be allowed said tax commissioner or tax collector acting as an agent of the State Revenue Commissioner; and for other purposes.
HB 553. By Mr. Knight of Laurens:
A Bill to be entitled an Act to amend an Act providing a new charter for the town of Dexter, so as to change the date for holding municipal elections; and for other purposes.
HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and Wiggins of Carroll:
A Bill to be entitled an Act to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; and for other purposes.
HB 555. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Section 92-6912, relating to the arbitration of tax assessments, so as to change the time limit within which a dissatisfied taxpayer may give notice to the board; and for other purposes.
HB 556. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled "An Act to com prehensively and exhaustively revise, supersede, and modernize ap pellate and other post-trial procedure in civil and criminal cases;" approved February 19, 1965, being Act No. 16 of the regular 1965 Session of the General Assembly; and for other purposes.
HB 557. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 23,000 and not more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes.
MONDAY, MARCH 1, 1965
1299
HR 209-557. By Messrs. Luke of Richmond, Shea, Richardson and Sewell of Chatham, Jones of Bibb, Brooks of Fulton and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the self-govern ment of certain counties; and for other purposes.
HB 558. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, Murphy of Haralson, Wiggins of Carroll, Alien of Tift and Rush of Tattnall:
A Bill to be entitled an Act to provide for the covering, filling or other wise making safe abandoned open wells or holes; and for other purposes.
HR 210-558. By Messrs. Steis of Harris, Duncan, McDaniell and Jordan of Cobb:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds; and for other purposes.
HR 211-558. By Messrs. Steis of Harris, Floyd of Chattooga and Brown of Bacon:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the County of Glynn to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds; and for other purposes.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Sections 92-2401, 92-2402 and 92-2405 relating to the imposition, assessment, reporting and col lection of the annual license or occupation tax on corporations, so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for income tax; and for other purposes.
HB 562. By Messrs. McClelland, Brooks and 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 of said Circuit, so as to fix the com pensation of the Solicitor General; and for other purposes.
1300
JOURNAL OF THE HOUSE,
HB 563. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to fix the salaries of the Judges of Juvenile Courts in counties having a population of 500,000 or more; and for other purposes.
HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes.
HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to adjust, increase and fix the annual salaries of the Judges and the Solicitor General of said Criminal Court of Fulton County; and for other purposes.
HB 566. By Messrs. McClelland and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act fixing the compensation of commissioners of roads and revenues in counties in this State having a population in excess of 500,000, so as to provide that the pay of such commissioners shall be $6,000.00 per annum; payable in equal monthly installments; and for other purposes.
HB 567. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges of said court; and for other purposes.
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke, Coker of Cherokee, Tucker of Catoosa, Abney of Walker, Bagby of Paulding, and others.
A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes.
HB 569. By Messrs. Story of Gwinnett, Jones of Bibb and Brooks of Oglethorpe:
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 expenditure of funds by the highway board; and for other purposes.
MONDAY, MARCH 1, 1965
1301
HE 212-569. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Hale of Dade, Brooks of Fulton:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education; and for other purposes.
HB 576. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend Code Section 92-3119, relating to the basis for determining gain and loss for income tax purposes from sales or exchange of capital assets, so as to provide a method whereby a taxpayer may elect to consider cutting of timber as a sale or exchange of property; and for other purposes.
HR 215-576. By Mr. Smith of Grady:
A Resolution authorizing the conveyance of certain property to Grady County; and for other purposes.
HB 582. By Messrs. Harris, Bowen and Farrar of DeKalb, Spillers of Newton and Vaughn of Rockdale:
A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to in crease the number of judges in said Circuit to four; and for other purposes.
HB 583. By Messrs. Pope or Cherokee, Thomason of Pickens, Otwell of Forsyth and Duncan of Fannin:
A Bill to be entitled an Act to amend an Act creating emeritus offices for certain State House officials; and for other purposes.
HB 585. By Messrs. Herndon of Appling, Thomas of Wayne, Lewis of Wilkinson, Looper of Dawson, Colwell of Union and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relating to local financial ability; and for other purposes.
HB 586. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend Code Section 94-506, relating to the location of railway blowposts and signals required of locomotives approaching crossings, so as to change the location of railway blowposts; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 588. By Mr. Brooks of Pulton:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
SB 33. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions; and for other purposes.
SB 60. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to street improvements; and for other purposes.
SB 63. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide that no member of train, yard or engine crew of a railroad shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
SB 87. By Senator Hill of the 29th:
A Bill to be entitled an Act to amend an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State; and for other purposes.
SB 99. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Floyd County Employees' Pension Code", so as to change the number of years of service required to qualify for benefits under the retirement plan; and for other purposes.
SB 100. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than $1.00; and for other purposes.
MONDAY, MARCH 1, 1965
1303
SB 107. By Senators Edenfield of the 4th and Yancey of the 33rd:
A Bill to be entitled an Act to amend Code Section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes.
SB 113. By Senators Gayner of the 5th, Holloway of the 12th and Webb of the llth:
A Bill to be entitled an Act to amend Section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being offered to stockholders; and for other purposes.
SB 114. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act placing the solicitor-general of the Ogeechee Judicial Circuit on an annual salary, so as to increase the compensation of said solicitor-general; and for other purposes.
SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th and Kilpatrick of the 44th:
A Bill to be entitled an Act to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to misdemeanor punish ment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; and for other purposes.
SB 116. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties, so as to clarify the duties and compensation of such official court re porters; and for other purposes.
SB 120. By Senators Johnson of the 38th: Maclntyre of the 40th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to retirement of department heads; and for other purposes.
SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th and others:
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, so as to provide additional pension benefits; and for other purposes.
1304
JOURNAL OF THE HOUSE,
SB 124. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome, so as to provide for an increase in the contributions to the Retirement Fund of the City of Rome by the City and certain employees; and for other purposes.
SB 126. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to revise all the laws relating to Municipal Court of Augusta; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Monday, March 1, 1965, and submits the following:
HB 29. Slayers of Officers, Reward HB 102. Probation Act, Officer in Charge HB 104. Income Tax, Time Assessed HB 129. Highways, Soliciting Ride HB 133. Sales Tax, Compensation to Dealers HB 188. Legal Advertisement, Rates HB 197. State Board of Barbers, Amend HB 226. Tax Commissioner, Overage HB 227. Motor Vehicles, Operating under the influence of liquor HB 254. Sterilization, authorized by Doctors of Medicine HB 325. Deputy Sheriff, Jury Duty HB 341. Alcoholic Beverages, Offenses HB 350. 'State & County Elections, Justice of Peace HB 355. Driver Education HB 384. Fishing Licenses, Increase HB 386. Weapons Used for Crime HB 395. St. Mountain Judicial Circuit HB 422. Excise Tax, Oleomargarine HB 478. Motor Vehicle, Safety
MONDAY, MARCH 1, 1965
1305
HB 492. Middle Judicial Circuit, Amend HB 509. Liability of Insurer HB 510. Liability of Insurer HB 516. Hospital Authorities, Facility HB 519. Dairy Inspection Act, Amend HB 524. Vaccine Permit Act HB 527. Flint Judicial Circuit HB 533. Alcoholic Beverage License Fee HB 534. Telephone, Telegraph, Charges HB 535. Arrests on Highways, Marked Vehicles
SENATE SB 4. Home Rule for Municipalities SR 7. Home Rule for Counties SR 42. Powers of County Government SR 43. Relating to County Commissioners
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.
Mr. Steis of Harris County, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under considera tion the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 512. Do Pass.
Respectfully submitted, Steis of Harris, Chairman.
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JOURNAL OP THE HOUSE,
Mr. Tucker of Catoosa 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 504. HB 538. HB 540. HB 541. HB 543. HB 548.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
HB 553. Do Pass.
HB 557. HB 563. HB 564. HB 565. HB 567. HB 566.
Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.
SB 88. Do Pass, as Amended. SB 116. Do Pass.
SB 99. Do Pass.
SB 124. Do Pass. HB 545. Do Pass, as Amended.
Respectfully submitted,
Tucker of Catoosa,
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 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 508. Do Pass. HB 581. Do Pass.
Respectfully submitted, Williams of Hall, Chairman.
MONDAY, MARCH 1, 1965
1307
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 of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 367. Do Pass, by Committee Substitute.
Respectfully submitted, Bolton of Spalding, Vice-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 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 349. Do Pass. HR 206. Do Pass. HR 215-576. Do Pass.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
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 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 491. Do Pass, by Committee Substitute.
Respectfully submitted, Ware of Troup, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Matthews of Clarke County, Chairman of the Committee on University of Georgia System, submitted the folowing report.
Mr. Speaker:
Your Committee on University of Georgia System 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 recommendations:
HB 497. Do Pass.
Respectfully submitted,
Matthews of Clarke,
Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton: A Bill to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or other wise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchan dise, unless the promise of such consideration is contained in the con tract or sale between the seller and the buyer; and for other purposes.
HR 125-208. By Mr. Milhollin of Coffee: A Resolution designating the Geo. W. Pridgen Roadside Park; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 39. By Senator Miller of the 43rd: A Bill to prohibit the Hunting and taking of owls; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 1, 1965
1309
SB 55. By Senator Johnson of the 42nd:
A Bill to amend Code Chap. 13-20, relating to the regulating of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures; to exempt the aggregate amount of capital notes and debentures issued and sold by a bank or trust com pany from certain limitations; and for other purposes.
SB 62. By Senator Smalley of the 28th:
A Bill to authorize the governing authority of any county or munici pality in this state to order the destruction of records with the concur rence of the Secretary of State and the Director of the Department of Archives and History; and for other purposes.
SB 129. By Senator Yancey of the 33rd: A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to provide that a vehicle proceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 6. By Senators Lee of the 47th and Pennington of the 45th: A Bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medi cine; and for other purposes.
The Senate agrees to the House substitute to the following Bill of the Senate:
SB 13. By Senator Plunkett of the 30th: A Bill to amend Code Section 34-1406, relating to the procedure for voting absentee ballots in primaries and elections; and for other pur poses.
The Senate has passed by the requisite constitutional majority the following Resolutions of the Senate to wit:
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SR 32. By Senator Johnson of the 38th:
A Resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 518. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to be entitled an Act to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordi naries and other officers of the courts of said counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 502. By Messrs. Alien and Branch of Tift: A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County so as to change the
MONDAY, MARCH 1, 1965
1311
compensation of the chairman of the board of county commissioners, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 503. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues of Tift County, so as to change the date when the commissioners shall begin their terms of office, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 505. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver, on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the employment of personnel, and for other purposes.
The report 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 506. By Mr. Jones of Liberty:
A Bill to be entitled an Act to create and incorporate the Town of Allenhurst, and grant a Charter to that municipality under that name, and for other purposes.
The report 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 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, so as to provide for the appointment of more than one judge pro hac vice, and for other purposes.
The report 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 517. By Messrs. Shea, Sewell and Richardson of Chatham:
A Bill to be entitled an Act to carry into effect the provisions of the Constitutional amendment to provide that the Mayor and Aldermen of the City of Savannah and Chatham County may contract for the con solidation and combining of the County and City Board of Tax Asses sors, and for other purposes.
The report 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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1313
HB 521. By Messrs. Shea, Sewell and Richardson of Chatham:
A Bill to be entitled an Act to provide that the Mayor and Aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the County and City Board of Tax As sessors, and for other purposes.
The report 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 522. By Mr. DeVane of Schley:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Schley County, known as the fee system, to provide in lieu thereof an annual salary 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 110, nays 0.
HB 528. By Mr. Carr of Washington: A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Washington County, known as 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 529. By Mr. Carr of Washington:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Washington, so as to provide for centralized purchasing, to provide for the clerk of the board to act as purchasing agent, and for other purposes.
The report 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 530. By Mr. Carr of Washington: A Bill to be entitled an Act to abolish the present method of com pensating the clerk of the superior court of Washington County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 536. 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, so as to authorize the commissioners of the City of Hawkinsville to sell and convey a certain tract of land, and for other purposes.
The report 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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1315
SB 79. Senators Thompson of the 34th, Coggin of the 35th and Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act entitled "College Park City Charter Amendment", with reference to city employees pension plan, to provide benefits, rules and regulations for pension payments, and for other purposes.
The following committee substitute was read and adopted:
An Act to amend an Act entitled "College Park City Charter Amendment" approved January 30, 1946 (Ga. Laws 1946, pp. 432-454), and the several Acts amendatory thereof, so as to provide an alternate pension plan for employees now employed by the City of College Park who may elect to accept the benefits of such alternate plan and for all employees who may hereafter enter the service of said city: to provide benefits and rules and regulations for the payment of benefits to retired employees and their dependents: and for other purposes."
BE IT ENACTED by the General Assembly of Georgia that the Act entitled "College Park City Charter Amendment" approved January 30, 1946 (Ga. Laws 1946, pp. 432-454), and the several acts amendatory thereof, be further amended as follows:
Section 1. The pension benefits provided by this section and the several subsections of this Section 1 of this amendatory Act of 1965, shall be in lieu of the pension benefits provided to employees under laws affording pension benefits to employees of the City of College Park in existence prior to the adoption of this act approved by the General Assembly during the year 1965.
(a) Any officer or employee of the City of College Park who was so employed on the effective date of this amendatory act of 1965, and who is otherwise eligible for pension benefits under the Act approved Janu ary 30, 1946 (Ga. L. 1946, pp. 432-454) and the several amendatory Acts thereof, may elect to come under the provisions of this Section 1 of this amendatory Act of 1965, and the several subsections hereof, in lieu of other pension benefits and obligations which the applicant might have been entitled to from the City of College Park under the pension plan of the City of College Park as same existed prior to the effective date of this amendatory Act of 1965, to the extent that the provisions of this amendatory Act are in conflict with prior Acts establishing or amending the Pension Plan for employees of the City of College Park. All officers and employees employed by the city on the effective date of this Act, who do not in writing elect to accept the benefits and obligations of this Section 1 of this amendatory Act of 1965, and the several subsections hereof, shall have their rights and obligations with respect to the employees pension plan of the City of College Park determined under the law as it existed prior to this amendment of 1965. Employees and officers of the City who become employed by the city after the effective date of this amendment of 1965 shall have their bene fits and obligations with respect to the pension plan of the City of
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College Park determined with reference to and fixed by the provisions of said pension plan as amended by this amendatory act of 1965.
(b) Any officer or employee of the City of College Park who elects to come under the provisions of this Section 1 of this amendatory Act of 1965, and the several subsections hereof, or who becomes employed by said City subsequent to the effective date of this Act, and who re tires as a matter of right, shall be entitled to receive a service pen sion in an amount equal to two percent (2%) of the first three hundred dollars ($300.00) of his average monthly salary, plus one and one-half percent (1-%%) of his average monthly salary over three hundred dollars ($300.00), multiplied by the number of years of service. For example, an employee who retires as a matter of right after 25 years of service, whose average monthly salary is $500.00, is entitled to a monthly pension in the amount of $225.00, determined as follows: 2% of the first $300.00 of average monthly salary equals six dollars ($6.00). One and one-half percent of the average monthly salary over $300.00 (which excess is $200.00 in this illustration) equals three dollars ($3.00). The sum of $6.00 and $3.00 thus obtained (or $9.00) is then multiplied by 25 (the number of years of service) to arrive at the monthly pension of $225.00.
(c) The sum of five percent (5%) of the salary or wages of officers and employees coming under the provisions of this Section 1 of this amendatory act, and the subsections hereof, and who do not provide for the payment of a pension to a widow or minor child or children, shall be deducted from the salary or wages earned by such officers and employees during each calendar month. The sum of six percent (6%) of the salary or wages of officers and employees coming under the pro visions of this Section 1 of this Amendatory Act, and the subsections hereof, and who desire that the employee's widow or minor child or children succeed to the employee's rights as a pensioner (as authorized by the Act of 1946, Ga. L. 1946, pp. 432-454), shall be deducted from the salary or wages earned by such officers and employees during each calendar month.
(d) With respect to officers and employees in the service of the City on the date this Amendatory Act becomes effective, and who elect to come under the provisions of this Section 1 of this Act of 1965, the sums required to be paid as deductions from salary or wages under this Section 1 of this Amendatory Act of 1965, and the subsections hereof, shall be deducted from all sums paid such officers and employees as salary or wages subsequent to the date on which the officer or em ployee files with the Pension Board a written application to elect to come under the provisions of this Section 1 of this Amendatory Act of 1965. With respect to persons coming into the service of the City after the effective date of this Amendatory Act of 1965, an employee's contri bution shall commence after such employee's probationary period (as described in Section 7 of the Act of 1946, Ga. L. 1946, p. 448) has been served.
(e) Any person in the service of the City on the effective date of this Amendatory Act of 1965, who elects to come under the provisions of this Section 1 of this Amendatory Act, and the subsections hereof,
MONDAY, MARCH 1, 1965
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and who shall voluntarily retire within three years immediately follow ing the effective date of this Amendatory Act of 1965, shall pay into the Pension Fund an amount which, when added to the amounts de ducted by the City, will equal the total amount that would have been deducted during such three year period had the person remained in the service of the City for the full three year period at the salary or wages he was drawing at the time of his retirement. Such payment shall be made within six months after retirement. In case the required payment is not made within said six months period, the Pension Board shall col lect the amount by deductions from future pension payments, in such amounts as the Board may fix, whether such payments are made to the employee or a surviving widow or children designated as beneficiary by the employee. Past due payments shall bear interest at six percent (6%) per annum. No payments shall be required in case of involuntary retirement, but shall be required in case of death of an employee, within three years of the date of approval of this Amendatory Act, who has designated a widow or minor children as beneficiary to succeed to the employee's rights as a pensioner, where the widow or minor children designated are eligible for and actually receive pension payments.
(f) There is hereby added to Section 4 of the Act approved January 30, 1946 (Ga. L. 1946, pp. 432, 448), following the sentence ending with the word "widowhood" on the fifth line from the top of page 448, the following provision:
"Provided that if a widow of the pensioner receiving service pension benefits is more than five (5) years younger than the pen sioner, there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) shall not apply if the widow is fifty-five years or more of age at the time she becomes eligible for benefits.
"The words minor 'child' or 'children' shall mean the natural or legally adopted minor child or children of an employee who were in life or adopted prior to the pensioner's retirement from Active Service."
(g) The following sentence contained in Section 2 of the Act of 1946 (Ga. L. 1946, p. 432), commencing in the eleventh line from the top of page 442 of said Acts, is deleted in its entirety, to wit: "The amount of pension allowed for disability shall never exceed the sum of $100.00 per month in any instance." And the following is substituted in lieu thereof:
"The amount of pension allowed for disability shall never exceed the sum of $100.00 per month with respect to employees in the employ of the City prior to July 1, 1965, who retain their status in the pension plan of the City as said plan existed prior to the year 1965."
(h) There is hereby added to the aforesaid Act approved January 30, 1946 (Ga. L. 1946, p. 432), as amended, the following provisions:
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"If an employee who has contributed to the pension fund and who has at least five years of continuous service should resign or be dismissed from the city without having received or become eligible to receive a pension of any kind (except an employee dis placed by a returning veteran), such employee shall be entitled to receive a refund of seventy-five percent (75%) of the total con tributions made by the employee to the pension fund, and the pay ment by the pension board of such refund to such employee shall terminate such employee's rights under this law. Such refund shall be paid within ninety (90) days of the employee's date of termina tion of service; and should such an employee die before receiving said refund, said refund shall be paid to his estate. No employee who has resigned or been dismissed from service with the city and who has been paid a refund of a portion of his contributions to the pension fund, and who is reemployed by the city, shall be entitled to receive credit on his service record for prior year's service until all of the amount received as refund (together with three percent (3%) interest per annum thereon from the date of terminating employment to date of repayment of the refund) shall be repaid to the pension fund; and such repayment must be made by the em ployee during his lifetime and while in the employ of the city.
"If an employee who has contributed to the fund should die without having received or become entitled to receive a pension of any kind under this law, and without leaving a qualified widow or minor child eligible to receive a pension of any kind under this law, the estate of such deceased employee shall be entitled to receive a refund of ninety-five percent (95%) of the total contributions made by the employee to the pension fund. No pension shall be paid under this Act to any person except to a qualified employee or to the qualified widow or minor child or children of a qualified em ployee.
"If any employee is discharged from employment by the city for the purpose of enabling a returning veteran to resume the position formerly held by said veteran, all contributions to the pen sion fund made by such displaced employee shall be refunded to such employee."
Section 2. All laws and parts of laws in conflict herewith be and the same 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.
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1319
HB 492. By Messrs. Smith of Emanuel, Carr of Washington, and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Circuit, so as to increase the compensation provided herein, and for other purposes.
The report 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 527. By Messrs. Clarke of Monroe, Smith of Lamar and others:
A Bill to be entitled an Act to amend an Act placing the solicitorgeneral of the Flint Judicial Circuit on a salary basis in lieu of a fee system so as to provide for a contingent expense allowance for the solicitor-general 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.
HB 395. By Messrs. Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to amend an Act placing the solicitor general of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor-general of the Stone Mountain Judicial Circuit, and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 395 by striking from Section 2 the figures "$19,750.00" wherever they appear and substituting in lieu thereof the figures "$18,750.00."
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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.
The following Resolutions of the House were read and adopted:
HR 206. By Messrs. Smith of Grady; Bolton of Spalding; Hale of Bade; Busbee of Dougherty; Brooks of Fulton; and Lambert of Morgan:
A RESOLUTION
Creating an interim study committee on traffic safety; and for other purposes.
WHEREAS, at the 1964 Session of the Georgia General Assembly, an interim committee was created to study the needs of the State of Georgia in the field of traffic safety; and
WHEREAS, during the summer and fall months this committee undertook its study and has submitted its report to the 1965 General Assembly which contains their findings and recommendations for the needs of the State of Georgia; and
WHEREAS, at the present Session of the General Assembly, cer tain items of legislation have been introduced implementing portions of the recommendations submitted by this interim study committee; and
TVHEREAS, it is desirable that additional study be devoted to this field and that some continuity be established for the effort being made in the field of traffic safety.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created a Traffic Safety Committee to be composed of four members of the Senate and four members of the House of Representatives, to be appointed by the Lieutenant Governor and the Speaker of the House, respectively, and such members as shall be appointed by the Governor, not to exceed four, from persons who are interested in traffic safety. The Committee shall investigate the entire field of traffic safety and related matters thereto. The Committee shall report its findings and recommendations back to the 1966 Session of the Georgia General Assembly. The Committee members shall receive the compensation, per diem, expenses and allow ances which are authorized for members of interim legislative com mittees. The funds necessary for the purposes of this Resolution shall
MONDAY, MARCH 1, 1965
1321
come from the funds appropriated to or available to the Legislative Branch of Government.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 227. By Mr. McClelland of Pulton:
A RESOLUTION
Commending the Atlanta-Buckhead Red Devils football team; and for other purposes.
WHEREAS, the (Atlanta) Buckhead Red Devils Football Team, sponsored by the Northside Youth Organization, has again been victor ious, defeating the Tarpons at Punta Gorda, Florida, on December 27 by a score of 42-0 and the Barracudas at Fort Lauderdale on January 1, 1965, by a score of 20-0; and
WHEREAS, by their magnificent representation they have served well as young Ambassadors of Good Will for the State of Georgia; and
WHEREAS, the Red Devils team is a member of the National Pop Warner Conference, which includes scholastic standards as a pre requisite and consists of some 30,000 teams and more than 600,000 players in all parts of the United States, whose ages range from 8 to 14; and
WHEREAS, in recognition of its outstanding record during the 1964 season, in addition to winning both Bowl games, is a contender for the Pop Warner Championship--the Red Devils team of 1963 having won that coveted title; and
WHEREAS, Head-Coach Bob Blackwell and his staff have instilled into these youthful players the rudiments of football with sportsman ship and fair play, which they will take with them all through life; and
WHEREAS, several graduates of former Red Devils teams are now on High School and College Varsity football teams;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA:
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That this Body congratulates the members of the Atlanta-Buckhead Red Devils football team for their fine season and for serving as young Ambassadors of Good Will for our state; namely, Scott Bridge, George Cotton, Davis Countryman, Randy Cowell, Jack DeLong, Dean Di Fiore, Randy Echols, Pat Edmund, Mark Evans, Dennis Foster, Greg Garland, Ned Haas, Ronnie Herbert, Bob Jameson, Stu Lewis, Mike Meazell, Charles Moody, Alien Parks, Gordon Pierce, Harland Ragle, James Snee, Lee Stilwell, Michael Winn, Wayne Wright, Arthur Brannen, Mike Brown, Steve Brown, Kevin Cleveland, Bucky Cobb, Dick Conn, Doug Elson, Barry Frasier, Jimmy Gossett, David Granade, Scott Lewis, Larry Morow, Buster Porter, Dean Reeves, Mike Schisler, Tony Stalworth and Joe Williams; and
BE IT FURTHER RESOLVED that this Body heartily commends the coaching staff of the Red Devils for its patient and thorough train ing of these future potential Georgia Tech and University of Georgia players and extends its best wishes to Head Coach Bob Blackwell, Assistant Coaches Bill Hall, Steve Arthur, Candler Grim, Clyde Norman and Jim Andrew, and the Officers and Directors, Dick Darnell, Keith Morris, Joe Granade, Harland Ragle, Rev. James E. Budd, Charles Kitchen, Ted Echols, Bill Haas, Dr. William Baria, Phillip Chesney, Ralph Cobb, John Conn, Darell Cowell, Palmer Ferguson, Buddy Fowlkes, Bob Lawler, Charles Moran, Ralph Reed, Earl Taber, Whitey Whiten, Woody Wisdom, E. H. DeLong, Patricia Granade, Woody Fite, Virginia Haas, Posey Lewis and Frances Norman; and
BE IT FURTHER RESOLVED that the Clerk is hereby authorized and directed to furnish appropriate copies of this Resolution to Honor able Bob Blackwell, Head Coach of the Atlanta-Buckhead Red Devils football team, so that each member of the team and the coaching staff might have a copy of this Resolution as a token of our appreciation and commendation.
HR 228. By Messrs. Smith of Emanuel and Matthews of Clarke:
A RESOLUTION
Expressing regrets at the passing of Bill Munday; and for other purposes.
WHEREAS, the Nation's greatest sportscaster, Bill Munday, passed away on February 26, 1965; and
WHEREAS, he was a native Georgian and graduated from the University of Georgia in 1925, where he was Editor of the campus newspaper and a star pitcher of the baseball team; and
WHEREAS, he later joined the Atlanta Journal Sports Department and broadcast Atlanta Cracker baseball games for Radio Station WSB; and
MONDAY, MARCH 1, 1965
1323
WHEREAS, his first real big break came when he accompanied the Georgia Football Team to New Haven, Connecticut for a football game with Yale in 1928, and he appeared as a halftime guest on NEC, as a result of which he was given a full network schedule of games in 1929; and
WHEREAS, he did the first broadcast of a college basketball game in the South, and in 1929 he did a first in football when WSB ran a telephone line to Athens for the Georgia-Oglethorpe game in Sanford Stadium; and
WHEREAS, he broadcast Georgia's historic victory over Yale in 1929 at the dedication of Sanford Stadium in Athens, and announced the Yale-Harvard game in 1930 which was the first football broadcast to be shortwaved overseas; and
WHEREAS, one of the highwater marks in his career was his description of Roy Reigels' famous wrong way run in the 1929 Georgia Tech-California Rose Bowl game, and he also announced the Notre Dame-California game for the national championship in 1930, which was the last game ever played by a Notre Dame team coached by Knute Rockne; and
WHEREAS, he was the most colorful announcer in the business, turning out such phrases as "crapshooter's formation" for Georgia Tech's huddle, "Beulah land" for the end zone, and "terra firma" for the earth; and
WHEREAS, he had a remarkable memory and could recall exact plays in games which had been played many years in the past; and
WHEREAS, during the past several years he had provided the "color" for the Georgia football broadcasts; and
WHEREAS, he was one of the most loyal Georgia Football Fans in the history of Georgia football and at a recent Bulldog Club rally he stated, "I am a Bulldog born, a Bulldog bred, and when I die I'll be a Bulldog dead."; and
WHEREAS, Georgia and the Nation have lost one of the great sports figures of all time and Bill Munday's memory will forever be cherished by those who knew him and also by those who, while not knowing him personally, heard him on radio or television; and
WHEREAS, he is survived by his wife, the former Jewel Turner, and a sister, Mrs. Emily Chapman, both of Atlanta;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby ex press their profound regrets at the passing of that great Georgian and that outstanding sportscaster, Bill Munday, and extend to his wife and his sister their deepest sympathy.
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BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to Mrs. Munday and Mrs. Chapman.
HR 229. By Messrs. Sewell, Shea and Richardson of Chatham:
A RESOLUTION
Regrettably, and all too young, another member of the public spirited Morgan family of Effingham and Chatham counties has passed from the Georgia scene. He was Samuel H. Morgan, whose recent death at the age of 59 stopped a career that had followed the pattern set by his forebears.
This is a pattern of service to God, to country, to fellowmen. The saga of the Morgan family is inspiring. It runs back into early American history and in the more recent years has been carried on by the genera tions headed by the late Samuel H. Morgan, the senior. Mr. Morgan and his children had a tradition to live up to, and they heeded un hesitatingly the call of character and responsibility.
As is not unusual on a team, and we apply that term to the Morgan family in its best sense, there are members whose works are better known publicly than others, although each member of the team makes his valuable contribution to the whole. The senior Mr. Morgan served well in several public areas--his church, education, and the development of Georgia's economy. His sons and daughter had the benefit and the inspiration of sound paternal and maternal precept and example and in discharging the obligations of their generation they did not fail.
Samuel Hughes Morgan, who to countless friends was simply and affectionately "Sam", was the youngest of the Morgan brothers. As a lad he lived in the home place at Guyton but, following his graduation from high school there, spent most of his life in Savannah. The interests that had long stirred the family found active appreciation in him. He had served on the Georgia Forestry Commission and quietly associated himself with many altruistic community and individual efforts. His was the quiet way of service, sincere and effective.
Sam Morgan was the last of his generation in the family business, which now comes under the guidance of the third generation of kinsmen. If we were to sum up his philosophy of life, it would be to repeat his frequent greeting: "What can I do to help you?" There can be no finer motto.
The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 230. By Mrs. Merritt of Sumter and Barber of Jackson:
A RESOLUTION
Creating a committee to study the day nursing program in Georgia; and for other purposes.
MONDAY, MARCH 1, 1965
1325
WHEREAS, there have been many recent press reports concerning controversies relative to the day nursing program in Georgia and the rules and regulations promulgated by the Department of Family and Children Services governing day nurseries; and
WHEREAS, this is a most important area inasmuch as it relates directly to the very young children in this State; and
WHEREAS, this body is in need of information concerning the day nursing program and the laws and rules and regulations relative thereto;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of 5 members of the House to be appointed by the Speaker, for the purpose of studying the day nursing program in this State and the laws, rules, regulations and all other matters relative thereto and to day nurseries. The members of the committee shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 15 days per member. The committee shall make a report of its findings and recommendations on or before December 1, 1965, on which date the committee shall stand abolished. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Govern ment.
HR 231. By Mr, Irvin of Harbersham:
A RESOLUTION
Creating a Committee to study the best method of calculating local financial ability under the new minimum foundation program of educa tion; and for other purposes.
WHEREAS, a new minimum foundation program of education was enacted by the General Assembly of Georgia in 1964; and
WHEREAS, the local financial ability of each local unit of adminis tration to raise funds in support of the new minimum foundation pro gram of education has been changed; and
WHEREAS, the calculation of local financial ability has created a great deal of confusion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to study the best method of calculating local financial ability of each local unit of administration of the State of Georgia under the new Minimum Foundation Program of Education Act. The Committee is authorized to investigate and inquire into any matters connected with the methods of calculating local financial ability. The Committee is directed to in-
1326
JOURNAL OF THE HOUSE,
vestigate the possibility of establishing different categories and different classifications of taxable property such as residential, business, personal, public utilities, and automobiles. The Committee shall be composed of seven members, to be appointed by the Speaker. The members of the Committe shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees. The Committee shall make a report of its findings and recom mendations on or before December 1, 1965, on which date the Committee shall stand abolished. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or avail able to the legislative branch of the government.
HR 232. By Messrs. Hutchinson of Dougherty, Grahl of Peach, and many others:
A RESOLUTION
Urging certain business firms to reexamine their personnel policies; and for other purposes.
WHEREAS, it has come to the attention of this body that certain business firms frequently discharge employees with many years of faith ful service; and
WHEREAS, such practices are often motivated, not by a lack of ability on the part of such employees, but by a desire to hire new em ployees at lower wages and to avoid payment of retirement or pension benefits; and
WHEREAS, such practices represent a callous disregard for the well-being of employees who have served such firms well and faith fully; and
WHEREAS, such practices also represent short-sightedness and unsound business thinking; and
WHEREAS, such practices contribute to low morale among younger employees who feel they may suffer the same fate after many years of service; and
WHEREAS, such low morale causes inefficiency and a high turn over in personnel thus offsetting any economies that may be realized by such practices;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge all business firms making a practice of discharging employees who have many years of faithful service to reexamine their personnel policies.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro-
MONDAY, MARCH 1, 1965
1327
priate copies of this Resolution to the United States Chamber of Com merce, the Georgia State Chamber of Commerce, and the Atlanta Cham ber of Commerce.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 39. By Senator Miller of the 43rd:
A Bill to be entitled an Act to prohibit the hunting and taking of owls; and for other purposes.
Referred to the Committee on Game and Pish.
SB 55. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the regulation of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 62. By Senator Smalley of the 28th:
A Bill to be entitled an Act to authorize the governing authority of any county or municipality in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Department of Archives and History, and for other purposes.
Referred to the Committee on Judiciary:
SB 129. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an act entitled "Uniform Act Regulating Traffic on Highways, so as to provide that a vehicle pro ceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes.
Referred to the Committee on Judiciary:
SR 32. A Resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes.
Referred to the Committee on State of Republic:
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Under the General Order of Business established by the Committe on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, and others:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said Act, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved January 30, 1964 (Ga. Laws 1964, p. 57), so as to change the compensation of the dealer for collecting, accounting for, and remitting the tax levied by said Act; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951, (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved January 30, 1964 (Ga. Laws 1964, p. 57), is hereby amended by striking in its entirety that paragraph of Section 16 (b) which read as follows:
"For the purpose of compensating the dealer for collecting, accounting for, and remitting the tax levied by this Act, such dealer shall be allowed three per-cent (3%) of the tax due and accounted for and remitted to the Commissioner on the first $120,000.00 of such dealer's annual taxable sales in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment.",
and substituting in lieu thereof the following paragraph:
"For the purpose of compensating the dealer for collecting, accounting for, and remitting the tax levied by this Act, such dealer shall be allowed three per-cent (3%) of the tax due and accounted for and remitted to the Commissioner on the first $120,000.00 of such dealer's annual taxable sales and two per-cent (2%) of said tax on all taxable sales exceeding $120,000.00 in the form of a
MONDAY, MARCH 1, 1965
1329
deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment."
SECTION 2
The provisions of this Act shall become effective July 1, 1965, and and shall only apply to taxable transactions occurring on or after said date.
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 Balkcom Barber Beck Bedgood Blair Blalock Bowen, J. O. Brackin Brantley Brinkley
Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
Farrar Floyd Flynt Gary Grahl Griffin Hale Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
Jordan, W. H. Knight, D. W. Knight, W. D Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard
1330
Lewis, E. B. Looper Lovett Luke Maddox Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith Newton, A. S. Odom Oglesby Otwell Overby Pafford Page
JOURNAL OF THE HOUSE,
Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reid Richardson Roberts Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II
Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Story Strickland Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative was Mr. D. N. Vaughn.
Those not voting were Messrs.:
Ballard Black Bolton Bowen, R. L. Branch Brooks, Geo. B. Bynum
Conger
Davis
DeLoach
Dickinson
Dollar
Dorminy
Etheridge
Fulford Griffis Hall Herndon Hull Johnson, B. Kelly
Lewis, P. B.
Lowrey
Marshall
Matthews, C.
McClelland
Melton
Minge
Mitchell Nessmith, P. Newton, D. L. Poss Reaves Rhodes Rodgers, H. B.
Ross Singer
Smith, Chas. C.
Tidwell
Watkins
Wilson
Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 161, nays 1.
MONDAY, MARCH 1, 1965
1331
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Messrs. Melton of Spalding, Lewis of Burke, Bowen of Dooly, Minge of Floyd and Lowrey of Ployd stated that they were called from the Hall of the House for a Committee meeting and would like to be recorded as voting "Aye" on HB 133.
Mr. Conger of Decatur stated that he would like to be recorded as voting "Nay" on HB 133.
HB 188. By Messrs. Byrd of Walton, Wells of Oconee and others:
A Bill to be entitled an Act to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to make uniform the rates to be allowed to the publishers for publishing legal advertisements in any and all counties 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.:
Acree Alien Bagby Balkcom Ballard Beck Bedgood Blair Blalock Bowen, J. 0. Brackin Brantley Brinkley Brown, M. P. Busbee Bynum Byrd Caldwell Carr
Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Dean DeLoach DeVane Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
Parrar Floyd Plynt Fulford Gary Grahl Griffin Hale Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin
1332
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Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill)
Leonard Lewis, E. B. Looper Lovett Luke Maddox Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Mixon
Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom
Oglesby Otwell Overby Pafford Page Parker Perry Peterson
Phillips, G. S. Pickard Potts Reaves Richardson
Roberts Rogers, H. B.
Rogers, Jimmie
Roper Rowland Rush Russell Savage Sewell Shea
Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.
Paris Rainey
Reid Sweat
Those not voting were Messrs.:
Abney Anderson Arnsdorff Barber Black Bolton Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Chandler
Coker, G., Dr. Conner Davis Dickinson Dixon Etheridge Griffis Hall
Harrell
Herndon Hull Johnson, B.
Wiggins
Jones, F. C. Lane Lewis, P. B. Lowrey Marshall Matthews, C. McClelland Minge Mitchell Murphy Phillips, L. L. Pope
Poss Rhodes Ross Singer
MONDAY, MARCH 1, 1965
1333
Smith, Chas. C. Snow Tidwell Vaughn, C. R.
Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 152, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Hull of Richmond, Brooks of Fulton, Conner of Jeff Davis and Howell of Early stated that they were called from the Hall of the House for a committee meeting and would like to be recorded as voting "Aye" on HB 188.
SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th:
A Bill to be entitled an Act to provide home rule for municipalities, to provide for a short title, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act Delegating home rule powers to the munici palities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; to reserve to the Legislature the creation, dissolution, merger, and boundary changes of municipalities; to delegate to municipalities the legislative power to govern their property, affairs, and local government; to pro vide procedures for the amendment of municipal charters and for the recording of such changes; to provide that certain powers and au thority are specifically reserved to the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
This Act may be cited as the Municipal Home Rule Law.
SECTION 2
Legislative Intent. It is hereby declared to be the intention of the General Assembly by this Act to delegate to the governing bodies of the municipal corporations of the State such of its legislative powers as
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JOURNAL OP THE HOUSE,
will enable them to provide for their own self-government in matters pertaining to their property, local affairs and government; and to re lieve the General Assembly of the necessity for acting on matters of primarily local concern for which no provision is made by general law. This Act and the powers delegated hereby are expressly declared to be pursuant to the authority granted the General Assembly by the Con stitution of Georgia, Article XV, Section I, Paragraph I.
SECTION 3
Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality, nor shall the municipal boundaries of any municipality be changed, except by local act of the General Assembly or by such methods as may be provided by general law.
SECTION 4
Home Rule for Municipalities (a) The governing authority of each municipality shall have legislative power to adopt reasonable ordi nances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as in subsection (b). The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this section, except as authorized under subsection (c) hereof, (b) Ex cept as provided in subsection (c), a municipality may, as an incident to its home rule power, amend its charter by following either of the procedures hereinafter set forth:
1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing au thority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately pre ceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the re cording officer of the municipal governing authority and the office of the clerk of the superior court of the county of the legal situs of said municipalities for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph (2) of this subsection or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if provision has been made therefor by general law.
2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to sub-
MONDAY, MARCH 1, 1965
1335
section (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing, in cases of municipalities with a population of five thousand or less, the signatures of at least twenty-
five per centum of the electors registered to vote in the last general municipal election; in cases of municipalities with a population of more than five thousand but not more than one hundred thousand, at least twenty per centum of the electors registered to vote in the last general municipal election; and in cases of a municipality with a population of more than one hundred thousand, at least fifteen per centum of the electors registered to vote in the last general municipal election; which
petition shall specifically set forth the exact language of the proposed amendment to repeal. The governing authority shall determine the va lidity of such petition. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of submitting such amend ment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the munici pality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the legal situs of said municipality for the purpose of examination and inspection by the public. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certi fy the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. If more than one-half of the votes cast on such question are for approval of the amendment or repeal and the total number cast is 51% or more of the registered voters registered within the governing authority it shall be come of full force and effect, otherwise it shall be void and of no force and effect. Provided, however, that the method of amending a municipal charter or repealing an amendment to a municipal charter provided for in this paragraph shall not be utilized more often than once in any one calendar year. No amendment hereunder shall be valid if provision has been made therefor by general law.
3. The municipal governing authority shall cause to be filed in the office of the clerk of the superior court of the county which is the legal situs of such municipality a certified copy of any charter amendment adopted under authority of this section together with the published notice required by this section, and, in case of an amendment approved by referendum, a copy of the result of such referendum as certified to the Secretary of State. The clerk of said court shall maintain a record book in which such certified copies and such notices shall be systematically
1336
JOURNAL OF THE HOUSE,
filed. Such a charter amendment shall become effective upon such filing unless a later effective date is provided in the amendment.
(c) The power granted to municipalities in subsections (a) and (b) shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has pre empted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts are otherwise permitted under the Constitution.
1. Action affecting the composition, form, procedure for election or appointment, compensation, expenses and allowances in the nature of compensation, tenure of office and limitations thereon for members of the municipal governing authority.
2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State and to prescribe penalties for such ordinance violations.
3. Action adopting any form of taxation beyond that authorized by law on the effective date of this Act.
4. Action affecting the exercise of the power of eminent domain.
5. Action expanding the power of regulation over any business ac tivity regulated by the Public Service Commission beyond that authorized by charter or general law on the effective date of this Act.
6. Action changing charter provisions relating to the establishment and operations of an independent school system.
(d) The power granted in subsections (a) and (b) of this section shall not include the power to take any action affecting the private or civil law governing private or civil relationships except as is incident to the exercise of an independent governmental power.
SECTION 5 All laws and parts of laws in conflict herewith are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien
Anderson Balkcom Barber
Beck Bedgood Black
Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell
Conger Crowe Dailey Dean DeLoach DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
MONDAY, MARCH 1, 1965
Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby
1337
Page Paris Perry Peterson Phillips, L. L. Pickard Poss Potts Reaves Rhodes Richardson Roberts Rogers, Jimmie Rush Russell Savage Sewell Shea Shuman Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tucker, Ray M. Underwood Vaughan, D. N. Watkins Watson Wells White Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs. :
Arnsdorff Bagby Ballard Bolton Branch
Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler
Clark, J. T. Coker, G., Dr. Conner Davis Dickinson
1338
Dorminy Etheridge Hall Johnson, B. Kelly Lambert Lane Leonard Lovett Marshall Matthews, C. McClelland McCracken Melton Mitchell
JOURNAL OP THE HOUSE,
Nessmith, P. Newton, A. S. Otwell Overby Pafford Parker Phillips, G. S. Pope Eainey Reid Rodgers, H. B. Roper
Ross Rowland Simmons
Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Thomason Tidwell Tucker, J. B. Vaughn, C. R. Walker Ware Wiggins
Woodward
Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Rhodes of Baker stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".
Messrs. Brooks of Fulton, and Melton of Spalding stated that they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Aye" on SB 4.
SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures connected therewith; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XV of the Constitution is hereby amended by adding a new Section to be designated "Section II" and read as follows:
MONDAY, MARCH 1, 1965
1339
"SECTION II.
"Paragraph 1. Home Rule for Counties.
(a) The governing authority of each county shall have legis lative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, how ever, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.
(b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediate ly preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of exami nation and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referen dum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general elec tion, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition within 60 days of its being filed with the ordinary. In the event the ordinary determines that such peti tion is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the regi-
1340
JOURNAL OF THE HOUSE,
stered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of ex amination and inspection by the public. The ordinary shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of
full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as 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 in accordance with the provisions of Paragraph 4 of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitu tion or if provision has been made therefor by general law.
In the event that the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.
1. Action affecting any elective county office or the personnel thereof other than the county governing authority.
2. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority.
3. Action defining any criminal offense or providing for crimi nal punishment.
MONDAY, MARCH 1, 1965
1341
4. Action adopting any form of taxation beyond that authorized by law or by this Constitution.
5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution.
6. Action affecting the exercise of the power of eminent do main.
7. Action affecting any court or the personnel thereof.
8. Action affecting any public school system.
(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, ex cept as is incident to the exercise of an independent governmental power.
(e) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 of this Section.
"Paragraph 2. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such gov erning authority and to establish and maintain retirement or pen sion systems, insurance, workmen's compensation, and hospitalization benefits for said employees.
"Paragraph 3. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances of public safety, historic, health, business, residential, and recre ational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in con junction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such gov erning authority is hereby authorized to participate in the costs of such planning commission.
"Paragraph 4. Piling and Publication of Laws. No amend ment or revision of any local act made pursuant to Paragraph 1 of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an af fidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually."
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JOURNAL OF THE HOUSE,
Section 2. When the above proposed amendment to the Con stitution 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 1, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide home NO ( ) rule for counties?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like man ner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
Mr. Odom of Dougherty moved that further consideration of SR 7 be post poned until tomorrow, Tuesday, March 2, 1965.
On the motion to postpone, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Balkcom Barber Beck Bowen, R. L. Brantley Coker, R. Collins, J. F. Colwell Conger Dailey DeLoach DeVane Dollar
Doster Dunwody Etheridge Flynt Grahl Harris, R. W. Henderson Holder Houston Hudgins Hutchinson Johnson, Dr. A. S. Jones, G. Paul Knight, D. W. Lane
Lee, F. S. Leonard Lewis, E. B. Looper Lovett Matthews, D. R. Mauldin McRae Mixon Moate Moore, J. H. Moses NeSmith, J. D. Nessmith, J. D. Odom
Oglesby Otwell Overby Pafford Paris Peterson Phillips, L. L. Pickard Potts Rhodes Rogers, Jimmie
MONDAY, MARCH 1, 1965
1343
Rowland Rush Savage Smith, A. B. Smith, J. R. Spillers Stalnaker Steis Story Tabb Thomas
Thomason Tucker, J. B. Underwood Watson Wells White Wilson Woodward Wright
Those voting in the negative were Messrs.:
Abney Acree Bagby Ballard Black Blair Bowen, J. 0. Bracken Brown, Gene Byrd Caldwell Collins, M.
Crowe Dean Dixon Duncan, A. C. Duncan, V. W. Farrar Floyd Gary Griffin Harrell
Harris, J. F. Harris, J. R. Irvin Jessup Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lowrey Luke Mauney McCracken McDaniell McKemie Merritt Milhollin Minge Moore, Don C. Murphy
Newton, A. S.
Page Parker Perry Reaves Richardson Roberts Sewell Shea Simkins Simmons Smith, E. B., Jr. Snow Spikes Sweat Tucker, Ray M. Vaughan, D. N. Walker Ware Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Arnsdorff Bedgood
Blalock Bolton Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Carr Chandler
Clark, J. T.
Clarke, H. G. Coker, G., Dr. Conner Davis Dickinson Dorminy Evans Fulford Griffis Hale Hall Harrington Herndon Howell
Hull Johnson, B. Jones, C. M. Jones, F. C. Knight, W. D. Laite Lambert Maddox Marshall Matthews, C. McClelland Melton Mitchell Newton, D. L.
1344
Phillips, G. S. Pope Poss Rainey Reid Rodgers, H. B. Roper
JOURNAL OP THE HOUSE,
Ross Russell Shuman Simpson Singer Smith, Chas. C. Smith, G. L. II
Smith, V. T. Strickland Tidwell Vaughn, C. R. Watkins Wiggins Mr. Speaker
On the motion to postpone, the ayes were 76, nays 65.
The motion prevailed and further consideration of SR 7 was postponed until tomorrow March 2, 1965.
HB 102. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd
Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Dean DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody
Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull
MONDAY, MARCH 1, 1965
Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt
Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reaves Richardson Rodgers, H. B. Rogers, Jimmie Rowland Rush Russell
1345
Sewell Shea Shuman Simkins Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M* Wilson Woodward Wright
Those not voting were Messrs. :
Bagby Ballard Blalock Bolton Branch Brantley
Brooks, Geo. L. Brooks, Wilson
Bynum Chandler
Clark, J. T.
Conner
Davis DeLoach
Dickinson
Dorminy Etheridge Evans Hale Hall Harrington
Jones, C. M.
Jones, F. C.
Kelly
Lambert
Lewis, E. B. McClelland
Newton, D. L.
Pickard
Poss
Reid Rhodes Roberts Roper Ross Savage Simpson
Singer
Smith, Chas. C. Smith, G. L. II
Thomas
Tidwell
Tucker, J. B. Vaughn, C. R.
Mr. Speaker
1346
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Roper of Greene 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 102.
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 226. By Messrs. Ware of Troup, Smith of Whitfield, and others: A Bill to be entitled an Act amending an Act amending section 92-5301 of the Code by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes col lected in excess of a certain percentage, and for other purposes.
The following amendment was read and adopted:
Mr. Dean of Polk moves to amend HB 226 by striking Section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows :
This Act shall become effective April 1, 1966.
Mr. Murphy of Haralson offered an amendment which was read and lost.
The following amendment was read:
Messrs. Dixon and Sweat of Ware moves to amend HB 226 as follows:
By striking from the language quoted as Section 3 in Section 1 of said Bill the following:
"Provided further, that in those counties where the tax col lector or tax commissioner is paid on a salary basis, the tax col lector or tax commissioner shall not be entitled to the commissions provided for herein unless the local Act placing the tax collector or tax commissioner on a salary, or amendment of such Act, shall specifically provide that the tax collector or tax commissioner
MONDAY, MARCH 1, 1965
1347
shall receive such commissions, in which event the tax collector or tax commissioner shall be entitled to receive such commissions as provided for herein. If such Act does not so specifically pro vided, such commissions shall be county funds and shall not be received by the tax collector or tax commissioner." ,
and inserting in lieu thereof the following:
"Except as hereinafter provided, the tax collector or tax com missioner shall be entitled to and shall receive such commissions
even though he is paid on a salary basis. In those counties where the tax collector or tax commissioner is paid on a salary basis, and said salary is $8,001.00 or more per annum, the tax collector or tax commissioner shall not be entitled to the commissions provided for herein unless the local Act placing the tax collector or tax commissioner on a salary, or an amendment of such Act, shall specifically provide that the tax collector or tax commissioner shall receive such commissions, in which event the tax collector or tax commissioner shall be entitled to receive such commissions as pro vided for herein. If such Act does not so specifically provide, such commissions shall be county funds and shall not be received by the tax collector or tax commissioner."
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 Alien Arnsdorff Ballard Barber Bedgood Black Blalock Brackin Brinkley Brown, Gene Brown, M. P. Byrd Carr Coker, R. Collins, J. F. Conner Dean DeVane Dixon Doster Duncan, A. C. Farrar Floyd
Flynt Fulford Grahl Griffis Hale Harrell Harrington Harris, J. R. Henderson Houston Hudgins Hutchinson Irvin Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Maddox
Mauldin McKemie McRae Minge Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Overby Pafford Parker Perry Pickard Pope Potts Reaves Rodgers, H. B. Rush Russell
1348
JOURNAL OF THE HOUSE,
Savage Simmons Smith, E. B., Jr. Smith, V. T. Spikes Steis
Strickland Sweat Tabb Tucker, Ray M. Underwood Vaughn, C. R.
Ware Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.:
Acree Anderson Beck Blair Busbee Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Crowe DeLoach Duncan, V. W. Dunwody Harris, J. F. Harris, R. W. Herndon Holder Howell
Jessup Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Knight, D. W. Lee, F. S. Looper Lovett Lowery Luke Mauney McDaniell Merritt Mitchell Murphy Odom Otwell Paris
Eainey Rhodes Richardson Rogers, Jimmie Rowland Shea Shuman Simpson Smith, A. B. Smith, J. R. Story Thomason Tucker, J. B. Vaughan, D. N. Watson White Wiggins Woodward
Those not voting were Messrs.:
Bagby Balkcom Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Conger Dailey Davis Dickinson Dollar Dorminy Etheridge Evans
Gary Griffin Hall Hull Johnson, B. Kelly Laite Lambert Leonard Marshall Matthews, C. Matthews, D. R. McClelland McCracken Melton Milhollin Newton, D. L. Page Peterson Phillips, G. S. Phillips, L. L.
Poss R:id Roberts Roper Ross Sewell Simkins Singer Smith, Chas. C. Smith, G. L. II Snow Spiller Stalnaker Thomas Tidwell Walker Watkins Wells Mr. Speaker
On the adoption of the amendment, the ayes were 89, nays 54.
The amendment was adopted.
MONDAY, MARCH 1, 1965
1349
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed taxcollectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes.", approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due ac cording to the Tax Net Digest; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes.", approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Be it further enacted by the authority aforesaid that as far as the tax collectors and tax commissioners are con cerned, the rates and schedules prescribed by section 92-5301 shall apply upon the first 90 per cent of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 per cent of the total of taxes due according to the Tax Net Digest, the tax collector's or tax commissioner's commission shall be for such taxes 10 per cent of all such collections, irrespective of the above and foregoing schedule and rates. Except as hereinafter provided, the tax collector or tax commissioner shall be entitled to and shall receive such commissions even though he is paid on a salary basis. In those counties where the tax collector or tax commissioner is paid on a salary basis, and said salary is $8,001.00 or more per annum, the tax collector or tax commissioner shall not be entitled to the commissions provided for herein unless the local Act placing the tax collector or tax commissioner on a salary, or
an amendment of such Act, shall specifically provide that the tax collector or tax commissioner shall receive such commissions, in which event the tax collector or tax commissioner shall be entitled to receive such commissions as provided for herein. If such Act does not so specifically provide, such commissions shall be county funds and shall not be received by the tax collector or tax com
missioner."
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JOURNAL OF THE HOUSE,
Section 2. This Act shall become effective April 1, 1966.
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. Ware of Troup moves to amend Committee substitute to HB 226, as follows:
By adding after the second sentence in the language quoted as Section 3 in Section 1 of said Bill, the following:
"Provided, however, that the governing authority of the county, by appropriate Resolution, may provide that the tax collector's or tax commissioner's commission shall be 10 per cent of all taxes collected in excess of 80 per cent of the total taxes due according to the Net Tax Digest."
The following amendment was read:
Mr. Vaughn of Bartow moves to amend HB 226, Committee sub stitute, by striking the figure 8,001.00 wherever it appears and inserting in lieu thereof the figure 7,999.00.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Blalock Collins, J. F. Crowe Harris, J. F. Holder
Howell Lewis, P. B. Lovett Mitchell Overby
Smith, V. T. Spikes Vaughan, D. N. Ware
Those voting in the negative were Messrs.:
Alien Anderson Barber Beck Bedgood Black Blair Bowen, J. O.
Brackin Brinkley Brown, M. P. Busbee Carr Clark, J. T. Clarke, H. G. Coker, G., Dr.
Collins, M. Colwell Conner Dailey Dean DeVane Dixon Doster
MONDAY, MARCH 1, 1965
Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Grahl Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Lee, F. S.
Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lowrey Luke Mauldin McDaniell
McRae Merritt Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Pafford Paris Perry Pickard Pope Poss Potts Rainey Rhodes
1351
Richardson Rowland Rush Savage Sewell Shea Shuman Simmons Sinipson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Steis Story Sweat Tabb Thomason Tucker, Ray M. Underwood Vaughn, C. R. Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Abney Acree Arnsdorff Bagby Balkcom Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Chandler Coker, R. Conger Davis DeLoach Dickinson
Dollar Dorminy Etheridge Evans Gary Griffin Griffis Hall Hull Jessup Johnson, B. Jones, F. C. Jones, G. Paul Laite Lambert Leonard Maddox Marshall Matthews, C. Matthews, D. R. Mauney McClelland
McCracken McKemie Melton Milhollin Moate Moses NeSmith, P.
Newton, A. S. Page Parker Peterson Phillips, G. S. Phillips, L. L. Reaves Reid Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Russell Simkins
1352
Singer Smith, Chas. C. Smith, G. L. II Snow Spillers
JOURNAL OF THE HOUSE,
Stalnaker Strickland Thomas Tidwell Tucker, J. B.
Walker Watkins Wells White Mr. Speaker
On the adoption of the amendment, the ayes were 14, nays 109.
The amendment was lost.
Mr. Wiggins of Carroll offered an amendment to the substitute which was read and lost.
On the adoption of the Committee 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 Barber Bedgood Black Blalock Bowen, J. 0. Brinkley Brown, Gene Busbee Byrd Carr Colwell Conner DeVane Dixon Doster Duncan, A. C. Dunwody Farrar Floyd Fulford Gary Grahl Griffis Hale Harrell
Harrington Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Lane Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Luke Matthews, C. Matthews, D. R. Mauldin Mauney McKemie McRae Mitchell Mixon
Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Overby Page Parker Perry Pickard Poss Reaves Rodgers, H. B. Rowland Rush Savage Simkins Smith, E. B., Jr. Smith, V. T. Spikes Steis Strickland Sweat Tabb Tucker, Ray M. Underwood
Vaughn Ware White
MONDAY, MARCH 1, 1965
1353
Wiggins Williams, G. J. Williams, W. M.
Wilson Wright
Those voting in the negative were Messrs.:
Bagby Beck Brackin Brown, M. P. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Crowe Dean Duncan, V. W. Flynt Harris, J. F. Herndon Holder Jordan, Ben C.
Knight, D. W. Knight, W. D. Lee, F. S. Looper Lovett Lowrey McDaniell Minge Murphy Oglesby Otwell Paris Pope Potts Rainey Rhodes
Richardson Russell Sewell Shea Shuman Simpson Smith, A. B. Smith, J. R. Story Thomason Vaughan, D. N. Walker Watson Woodward
Those not voting were Messrs.:
Balkcom Ballard Blair Bolton Bowen, R. L. Branch Brantley Brooks, Geo. M. Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Collins, M. Conger Dailey Davis DeLoach Dickinson Dollar
Dorminy Etheridge Evans Griffin Hall Hull
Kelly Laite Lambert Lee, G. B. Leonard Maddox Marshall McClelland McCracken Melton Merritt Milhollin Pafford Peterson
Phillips, G. S. Phillips, L. L. Reid Roberts Rogers, Jimmie Roper Ross Simmons Singer Smith, Chas. C. Smith, G. L. II Snow Spillers Stalnaker Thomas Tidwell Tucker, J. B. Watkins Wells Mr. Speaker
On the adoption of the Committee substitute, as amended, the ayes were 98, nays 46.
The substitute was adopted as amended.
1354
JOURNAL OP THE HOUSE,
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 Balkcom Barber Bedgood Black Blair Blalock Bowen, J. 0. Brinkley Byrd Collins, M. Colwell Conner Crowe Dailey DeVane Dixon Doster Duncan, A. C. Dunwody Farrar Floyd Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson
Herndon Houston Howell Hudgins Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Laite Lane Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McKemie McRae Merritt Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S.
Those voting in the negative were Messrs.:
Bagby Beck Bowen, R. L. Brackin
Brown, M. P. Clarke, H. G. Coker, G., Dr. Coker, R.
Newton, D. L. Overby Page Parker Perry Pickard Poss Potts Reaves Rodgers, H. B. Rowland Rush Savage Shuman Simkins Simmons Smith, A. B. Smith, E. B., Jr. Smith, V. T. Spikes Spillers Steis Strickland Sweat Tabb Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Collins, J. F. Dean DeLoach Duncan, V. W.
Flynt Holder Hutchinson Jordan, Ben C. Knight, D. W.
Knight, W. D. Lee, F. S. Lee, G. B. Looper Lovett Lowrey McDaniell
MONDAY, MARCH 1, 1965
Minge Murphy Nessmith Odom Oglesby Otwell Pafford Paris Pope Rainey Rhodes Richardson
1355
Rogers, Jimmie Sewell Shea Simpson Smith, J. R. Story Thomas Thomason Tucker, Ray M. Walker Watson Woodward
Those not voting were Messrs.:
Ballard Bolton Branch Brantley Brooks, Geo. M. Brooks, Wilson Brown, Gene Busbee Bynum Caldwell Carr Chandler Clark, J. T. Conger Davis Dickinson
Dollar Dorminy Etheridge Evans Griffin Hall Harris, J. F. Hull Kelly Lambert Leonard Marshall McCracken Melton Milhollin Peterson
Phillips, G. S. Phillips, L. L. Reid Roberts Roper Ross Russell Singer Smith, Chas. C. Smith, G. L. II Snow Stalnaker Tidwell Tucker, J. R. Wells Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 108, nays 48.
The Bill, having received the requisite constitutional majority, was passed by substitute as amended.
Mr. Caldwell of Upson 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 226.
The Speaker announced the House recessed until 2:15 p.m. AFTERNOON SESSION
The Speaker called the House to order at 2:15 p.m.
1356
JOURNAL OP THE HOUSE,
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 129. By Messrs. Abney and Snow of Walker:
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 no person shall stand in a roadway, or upon the right-of-way thereof, or in its immediate vicinity and in any manner solicit a ride from the driver of any vehicle, and for other purposes.
Mr. Odom of Dougherty moved that HB 129 be laid on the Table.
On the motion to table, the ayes were 85, nays 20.
The motion prevailed and HB 129 was laid on the Table.
HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren and others:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, shall be distinctly painted, marked or lettered, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to require all motor vehicles employed by the Department of Public Safety for the purposes of traffic enforcement to be marked and equipped with certain uniform fixtures; to prescribe the manner in which any such vehicles shall be painted, marked and equipped; to provide that it shall be unlawful for any person, except persons lawfully entitled to own ve hicles for law enforcement purposes, to paint, mark and equip any vehicle in the same manner prescribed by the Director for vehicles used in enforcing traffic laws by the Department; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, MARCH 1, 1965
1357
SECTION 1
An Act known as the "Uniform Act Regulating Traffic on High ways", approved January 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding to Section 107A the following:
"Provided, however, any motor vehicle used by any employee of the Department of Public Safety for the purpose of enforcing the traffic laws of this state after April 1, 1966, shall be distinctly painted, marked and equipped in such manner as shall be prescribed by the Director pursuant to the provisions of this Section. The Director in prescribing the manner in which such vehicles shall be painted, marked or equipped shall:
"(a) require that any such motor vehicle be painted in a twotoned uniform color. The hood, top and the top area not to exceed twelve inches below the bottom of the window opening thereof shall be one uniform color and the remaining portion of said motor vehicle shall be painted a different uniform color.
"(b) require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or re volving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front of such vehicle.
"(c) require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle.
"It shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark and equip any motor vehicle in the same manner prescribed by the Director of Public Safety of Georgia as provided for herein."
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. Johnson of Warren moves to amend Committee substitute to HB 535 as follows:
By striking Paragraph (a) of Section 1 in its entirety and inserting in lieu thereof the following:
"(a) require that all such motor vehicles, be painted in a twotoned uniform color. The hood, top and the top area not to exceed
1358
JOURNAL OF THE HOUSE,
twelve inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color."
The substitute was adopted as amended.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Bowen, J. O. Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Collins, J. F. Colwell Conger Crowe Dailey Dean DeLoach DeVane Dickinson Dollar Dorminy
Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Flynt Fulford Gary Grahl Griffin Griff is Harrell Henderson Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly
Knight, W. D.
Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
Overby Pafford Page Paris Parker Phillips, L. L. Pickard Poss Potts Rainey Reaves Rhodes Richardson Roberts Rodgers Rogers, Jimmie Roper Rowland
MONDAY, MARCH 1, 1965
Rush Russell Savage Sewell Shea Shuman Simkins Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Strickland
1359
Sweat Thomas Thomason Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Brackin
Coker, R.
Tucker, J. B.
Those not voting were Messrs.:
Bedgood Blalock Bolton Bowen, R. L. Branch Brooks, Geo. B. Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Conner Davis Dixon Doster Etheridge
Floyd Hale Hall Jordan, W. H. Knight, D. W. Lambert Lee, W. J. (Bill) Leonard Looper McClelland Melton Minge Perry Peterson Phillips, G. S.
Pope Reid Ross Simpson Singer Smith, Chas. C. Smith, G. L. II Stalnaker Tabb Tidwell White Wiggins Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
Mr. Mitchell of Whitfield asked unanimous consent that HB 535 be im mediately transmitted to the Senate.
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The consent was granted and HB 535 was ordered immediately transmitted to the Senate.
HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston and others:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide additional powers to the Georgia State Board of Barbers, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 197 as follows:
By adding in the Title thereof after the words "so as" and before the words: to provide additional powers to the Georgia State Board of Barbers;" the following:
"to provide that members of the Georgia State Board of Bar bers shall be appointed by the Governor with the approval of the Secretary of State;".
By renumbering Sections 2 through 18 as Sections 3 through 19, respectively.
By adding after Section 1 and before Section 3 a new section to be known as Section 2 to read as follows:
"Section 2. Said Code Chapter is further amended by striking from Code Section 84-403 the following:
" 'which Board shall be composed of three (3) members to be appointed by the Governor.'
and inserting in liu thereof the following:
" 'which Board shall be composed of three (3) members to be appointed by the Governor with the approval of the Secretary of State.',
and by striking from said Code Section the following:
" 'shall be filled by appointment by the Governor' and inserting in lieu thereof the following:
" 'shall be filled by appointment by the Governor with the ap proval of the Secretary of State.',
MONDAY, MARCH 1, 1965
1361
so that when so amended Code Section 84-403 shall read as follows:
" 'Section 84-403. The Board of Barber and Beautician Ex aminers is hereby abolished and a Georgia State Board of Barbers is hereby created, hereafter referred to as the Board, which Board shall be composed of three (3) members to be appointd by the Governor with the approval of the Secretary of State. To be eligible for appointment, each member shall have attained the age of twenty-one (21) years, and shall have had at least five (5) years experience as a licensed barber; and shall at the time of their appointment hold a valid license as a master barber; and shall serve for a term of three (3) years but shall be eligible to succeed them selves. The members so appointed shall each year elect a Chair man from among themselves. In the event the members cannot agree as to whom shall be Chairman the Governor shall appoint one of such members as Chairman. The Chairman so elected or appointed shall be eligible to succeed himself. All vacancies on said Board, however caused, shall be filled by appointment by the Governor with the approval of the Secretary of State for the remainder of the unexpired term, each member of said Board shall hold office until his successor is appointed and qualified.
" 'Persons on said Board shall not operate, possess or own any interest in a barber school or college while serving on said Board. The Board shall meet not more than thirty-six (36) days per annum for the purpose of holding examinations, adopting rules and regulations, passing of applications and qualifications or other matters pertaining to duties of said Board. The members of the Board shall be considered public officers and shall take the oath required of such officers.' "
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 Balkcom Ballard Beck Bedgood Black Blair
Blalock Bowen, J. 0. Brown, Gene Brown, M. P. Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F.
Colwell Conger Crowe Dailey Davis Dean DeLoach Dollar Dorminy Doster Duncan, A. C.
1362
JOURNAL OP THE HOUSE,
Duncan, V. W. Dunwody Etheridge Farrar Floyd Gary Grahl Griffin Griffis Hale Harrell Harrington Harris Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pope Poss
Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Roper Rtsh Sewell Shea Shuman Simkins Simpson Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.
Barber Odom
Rowland Savage
Wilson
Those not voting were Messrs.:
Bagby Bolton Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Geo. B.
Brooks, Wilson Busbee Bynum Caldwell Chandler Collins Conner DeVane
Dickinson Dixon Evans Flynt Fulford Hall Harris, J. R. Harris, R. W.
Johnson, B. Jones, C. M.
Jones, F. C. Jones, M. Lambert Leonard Maddox McRae Melton Mitchell Nessmith, P.
MONDAY, MARCH 1, 1965
Phillips, G. S. Pickard Rhodes Rogers, Jimmie Ross Russell Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II
1363
Smith, V. T. Strickland Sweat Tidwell Vaughn, C. R. Walker Wells White Wiggins Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Mitchell and Smith of Whitfield, Nessmith of Bulloch, Harris of DeKalb, Rhodes of Baker and Woodward of Butts stated that they were called 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 197.
HB 422. By Messrs. Newton of Colquitt, Lowrey of Ployd and Milhollin of Coffee:
A Bill to be entitled an Act to repeal an Act entitled "An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely; Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat, and for other purposes.
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 Balkcom Barber
Beck Bedgood Black Blalock
1364
Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Dailey Davis Dean DeLoach DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Gary Grahl Griffin Griffis Hale Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins
JOURNAL OF THE HOUSE,
Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker
Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Rush Russell Savage Sewell Shea Shuman Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spillers Stalnaker Story Sweat Tabb Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Ballard Blair
Bolton Branch
Brantley Brooks, Geo. B.
Brooks, Wilson Busbee
Conger Conner Dickinson Dollar Floyd Hall Harrell
Harris, R. W. Hull
Johnson, B. Jones, C. M.
Jones, F. C.
MONDAY, MARCH 1, 1965
Kelly Lambert Lee, W. J. (Bill) Leonard Marshall McKemie Melton Mitchell Overby Rogers, Jimmie Ross Rowland Simmons Simpson
1365
Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Steis, Strickland Thomas Tidwell Vaughn, C. R. Ware Wells White Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received constitutional majority, was passed.
HB 104. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend Chapter 92-33, relating to payment, deficiencies, assessment, and collection of the income tax, so as to clarify 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which correc tions have been made by the Federal Internal Revenue 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Beck Bedgood Blair Blalock Bowen, J. 0. Brinkley Brown, Gene
Byrd Carr Chandler Coker, G., Dr. Collins, J. F. Collins, M. Conger Crowe Dailey Davis
Dean DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Etheridge Farrar Floyd
1366
JOURNAL OF THE HOUSE,
Flynt Gary Grahl Griffin Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R.
Mauldin Mauney McClelland McCracken McDaniell McKemie Merritt Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Newton, A. S. Newton, D. L. Oglesby Otwell Overby Pafford Page Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Reid Richardson Roberts
Roper Rowland Rush Russell Sewell Shea Shuman Simkins Simpson Smith, Chas. C. Smith, B. B., Jr. Snow Spikes Spillers Steis Sweat Tabb Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Wright
Those voting in the negative were Messrs.:
Balkcom Barber Black Brown, M. P. Caldwell Griffis
Harrington Harris, R. W. Knight, W. D. Lee, F. S. NeSmith, J. D. Paris
Smith, A. B. Story Thomason White Williams, W. M.
Those not voting were Messrs.:
Acree Arnsdorff Bagby Ballard Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B.
Brooks, Wilson Busbee Bynum Clark, J. T. Clarke, H. G. Coker, R. Colwell Conner DeLoach Dickinson
Dorminy Dunwody Evans Fulford Hale Hall Harrell Hull Johnson, B. Jones, C. M.
Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Leonard Maddox McRae Melton Milhollin Minge
MONDAY, MARCH 1, 1965
Mitchell Nessmith, P. Odom Parker Phillips, G. S. Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Ross Savage Simmons
1367
Singer Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Strickland Thomas Tidwell Vaughn, C. R. Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 118, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
HB 29. By Mr. Dean of Polk:
A Bill to be entitled an Act to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers, and for other purposes.
The following amendment was read and adopted:
Mr. Story of Gwinnett moves to amend HB 29 by striking from Section (3), thereof the words and figures five thousand (5,000.00) and inserting in lieu thereof the words and figures (10,000.00).
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 Balkcom Ballard
Barber Beck Bedgood Black Blair Bowen, J. O.
Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd
1368
JOURNAL OF THE HOUSE,
Carr Clarke, H. G. Coker, G., Dr. Collins, J. P. Colwell Conger Crowe Dailey Davis Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Flynt Fulford Grahl Griffin Harris, J. P. Harris, J. R. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson
Phillips, L. L. Pickard Pope Poss Potts Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simpson Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Wells Williams, G. J. Wilson Woodward
Those not voting were Messrs.:
Arnsdorff Bagby Blalock Bolton Bowen, R. L. Branch Brantley
Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Coker, R.
Collins Conner Dickinson Evans Gary Griffis Hale
Hall Harrell Harrington Harris, R. W. Johnson, B. Jones, C. M. Jones, F. C. Kelly Knight, D. W. Knight, W. D. Lambert Leonard
MONDAY, MARCH 1, 1965
Melton Mitchell Newton, D. L. Parker Phillips, G. S. Rainey Reaves Rodgers, H. B. Ross Simmons Singer Smith, A. B.
1369
Smith, Chas. C. Smith, G. L. II Smith, V. T. Tidwell Tucker, J. B. Vaughn, C. R. Walker White Wiggins Williams, W. M. Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 341. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide that it shall be unlawful for two or more persons to conspire to commit certain offenses relating to the sale, manufacture, possession, and transportation of alcoholic beverages, and for other purposes.
Mr. Floyd of Chattooga moves that HB 341 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 Anderson Arnsdorff Bagby Balkcom Beck Black Blalock Bowen, J. O. Bowen, R. L. Brackin Bynum Caldwell Chandler Coker, G., Dr.
Collins, M. Conger Dailey Davis DeLoach DeVane Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Floyd Flynt Fulford Gary
Grahl Griffis Harrington Harris, R. W. Herndon Holder Hutchinson Jessup Johnson, Dr. A. S. Jordan, W. H. Kelly Knight, W. D. Lane Lee, F. S. Lee, G. B.
1370
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lewis, E. B. ' Looper Marshall Mauldin McDaniell McRae Mitchell Moate Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Overby
Pafford Page Paris Perry Phillips, L. L. Poss Potts Rainey Reaves Roberts Rogers, Jinimie Roper Rowland Rush Russell Savage
Shuman Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spillers Story Sweat Tabb Thomas Underwood Watson Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Acree Barber Blair Brantley Brown, Gene Byrd Clarke, H. G. Coker, R. Collins, J. F. Colwell Crowe Dean Dixon Dunwody Farrar Griffin Harris, J. F. Henderson Houston
Hull Irvin Jones, G. Paul Lewis, P. B. Lovett Lowrey Luke Maddox Matthews, D. R. Mauney McCracken Merritt Milhollin Minge Moore, Don C. Murphy Newton, D. L. Otwell Peterson
Pope Rhodes Richardson Sewell Shea Simkins Smith, Chas. C. Snow Spikes Steis Thomason Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Ware Watkins White Williams, G. J.
Those not voting were Messrs.:
Alien Ballard Bedgood Bolton Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Carr
Clark, J. T. Conner Dickinson Etheridge Evans Hale Hall Harrell Harris, J. B. Howell Hudgins
Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Knight, D. W. Laite Lambert Leonard Matthews, C. McClelland
McKemie Melton Mixon Nessmith, P. Parker Phillips, G. S. Pickard Eeid
MONDAY, MARCH 1, 1965
Rodgers, H. B. Ross Simmons Singer Smith, G. L II Smtih, V. T. Stalnaker Strickland
1371
Tidwell Vaughn, C. R. Walker Wells Wiggins Wright Mr. Speaker
On the motion to table, the ayes were 92, nays 56.
The motion prevailed and HB 341 was laid on the table.
Mr. Ballard of Newton 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 tabling HB 341.
HB 386. By Messrs. Ware of Troup, Parker of Screven and others: A Bill to be entitled an Act to provide for the confiscation and destruc tion or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any persons, and for other purposes.
The following amendments were read and adopted:
The Judiciary Committee moves to amend HB 386 by striking the word "weapon" wherever it appears in line 3 of Section 2 and inserting in lieu thereof the word "Device".
Mr. Snow of Walker moves to amend HB 386 in Section 2 after the word advertisements.
"provided, however, that the device is no longer needed for pur poses of evidence or at such time as all judicial preceedings have terminated."
Mr. Ware of Troup asked unanimous consent that HB 386 be recommitted to the Committee on Judiciary for further study.
The consent was granted and HB 386 was recommitteed to the Committee on Judiciary.
1372
JOURNAL OF THE HOUSE,
HB 516. By Messrs. Harris of DeKalb, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend Code Chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities join ing in the creation of a hospital 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 Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Bowen, J. O. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis Dean DeLoach
DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kelly Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S.
Newton, D. L. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson
MONDAY, MARCH 1, 1965
Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Russell Savage Sewell Shea Shuman Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers
1373
Stalnaker Steis Story Sweat Tabb Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Bagby Blalock Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Conger Conner Dickinson Evans Floyd Griffis
Hale Hall Hull Jones, F. C. Knight, D. W. Knight, W. D. Lambert Leonard Melton Otwell Phillips, G. S. Rainey Ross
Rowland Simmons Singer Smith, A. B. Smith, G. L. II Strickland Thomas Thomason Tidwell Underwood Wells Wright Mr. Speaker
On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 478. By Messrs. Howell of Early, Smith of Emanuel and others: A Bill to be entitled an Act to amend an Act entitled "uniform Act regulating traffic on highways" so as to provide that any person who shall operate or drive any vehicle in such a manner as to be in willful or wanton disregard of the safety of persons or property shall be guilty of a misdemeanor, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1374
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 Arnsdorff Balkcom Ballard Barber Beck Black Blair Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans
Farrar
Flynt
Gary
Griffin
Harrell
Harrington Harris, J. F.
Harris, J. R. Henderson Herndon Holder Houston Howell Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Minge Moate Moore, Don C. Moses Murphy
NesSmith, J. D.
Newton, A. S.
Newton, D. L. Odom
Oglesby
Overby
Pafford
Page
Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Tabb Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins
Wiggins
Williams, G. J.
Williams, W. M.
Wilson Woodward
MONDAY, MARCH 1, 1965
1375
Those voting in the negative were Messrs.:
Hudgins Roper
Tucker, Ray M. White
Those not voting were Messrs.:
Bagby Bedgood Blalock Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Caldwell Chandler Clarke, H. G. Conger Conner Dean Dickinson Floyd Fulford Grahl Griffis Hale
Hall Harris, R. W. Hull Jessup Johnson, B. Jones, C. M. Kelly Knight, D. W. Knight, W. D. Lambert Lee, F. S. Leonard McClelland McKemie Melton Milhollin Mitchell Mixon Moore, J. H. Nessmith, P. Otwell
Phillips, G. S. Rainey Roberts Rogers, Jimmie Ross Simmons Singer Smith, A. B. Smith, G. L. II Smith, J. R. Strickland Sweat Thomas Thomason Tidwell Watson Wells Wright Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 325. By Messrs. Clark and Tucker of Catoosa:
A Bill to be entitled an Act to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for one year thereafter; to provide for the listing of all deputy sheriffs appointed in the various counties by the clerks of the superior court in the several counties; to provide that the sheriff shall
1376
JOURNAL OF THE HOUSE,
supply the clerk with the names of all deputy sheriffs appointed by him; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
During the tenure of his appointment and for one year thereafter, a deputy sheriff shall be ineligible to serve as a grand or a traverse juror on criminal cases.
SECTION 2
It shall be the duty of the clerk of the superior court to maintain a book in which shall be recorded the names of all deputy sheriffs who shall be appointed by the sheriff, regardless of whether such appoint ment is honorary. It shall be the duty of the sheriff to supply the clerk with the names of all persons he has appointed as his deputies and to notify the clerk of any change in their status after appointment.
SECTION 3
If the name of any deputy sheriff shall be drawn for service as a grand or traverse juror on a criminal case while he is serving as a deputy sheriff or at any time during a period of one year after he ceases to serve as a deputy sheriff, whether honorary or otherwise, he shall not be eligible to serve; and his name shall be returned to the jury box and another name drawn in its stead.
SECTION 4
Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
SECTION 5
All laws and parts of laws in conflict with this Act are hereby re pealed.
Mr. Fulford of Terrell offered an amendment which was read and lost.
The following amendments were read and adopted:
Mr. Murphy of Haralson moves to amend committee substitute to HB 325 as follows:
MONDAY, MARCH 1, 1965
1377
By adding a new section to immediately follow Section 3 and im mediately preceed section 4 to be designated as Section 3A and to read as follows:
3A. It shall be the duty of every judge of a court which re quires the service of a jury to inquire of every jury panel at the time they are called to be sworn if any one of said persons is a deputy sheriff, whether honorary, special or otherwise and whether or not any of such persons have served as a deputy sheriff, whether, honorary, special or otherwise, within the previous 12 months and if any person answers either of said questions in the affirmative it shall be the courts duty to immediately discharge such person as a
juror."
Mr. Clarke of Monroe moves to amend HB 325 committee substitute by adding a new section immediately after section 3 to be numbered section 4 and renumbering the subsequent sections as sections 5 and 6; said new section to read as follows:
"The provisions of this Act shall become effective July 1, 1965."
On the adoption of the 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 Balkcom Ballard Barber Beck
Bedgood Black Blair Brantley
Brooks, Geo. B. Brooks, Wilson
Brown, Gene Brown, M. P. Bynum Carr Chandler
Clark, J. T. Clarke, H. G. Coker, R.
Collins, J. F.
Colwell Conner Dailey DeLoach
DeVane Dixon Dollar Dorminy Doster Duncan, A. C.
Duncan, V. W. Fulford Gary Grahl
Griffin Harrell
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Howell
Hutchinson
Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M.
Kelly Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lowrey Maddox Marshall
Matthews, C. Matthews, D. R.
Mauldin Mauney McClelland McCracken McDaniell
McRae Merritt Milhollin
Mitchell
1378
Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Odom Overby Paris Parker Perry Peterson Phillips, L. L. Pickard Pope
JOURNAL OF THE HOUSE,
Poss Eeid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Sewell Shea Shuman Simpson Singer Smith, Chas. C. Smith, G. L. II
Smith, V. T. Snow Spillers Stalnaker Steis Story Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watson Wiggins Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Coker, G., Dr. Dunwody Evans Jones, G. Paul Jordan, Ben C.
Luke McKemie Oglesby Otwell Potts
Savage Simkins Spikes Ware Williams, G. J.
Those not voting were Messrs.:
Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Busbee Byrd Caldwell Collins, M. Conger Crowe Davis Dean Dickinson Etheridge Farrar Floyd Flynt Griffis
Hale Hall Harrington Hudgins Hull Jessup Johnson, B. Jones, F. C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Leonard Lovett Melton Minge NeSmith, J. D. Newton, D. L. Pafford
Page Phillips, G. S. Rainey Reaves Roberts Roper Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Strickland Sweat Tabb Tidwell Vaughn, C. R. Walker Watkins Wells White Wright Mr. Speaker
On the adoption of the committee substitute as amended, the ayes were 126, nays 15.
MONDAY, MARCH 1, 1965
1379
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:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conner Dailey DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Fulford Gary Grahl Griffin
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S, Jones, C. M. Jones, M. Jordan, Ben C. Kelly Lane Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McRae Merritt Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Thomas
1380
Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N.
JOURNAL OF THE HOUSE,
Ware Watkins Watson
Wiggins Williams, G. J.
Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.: Dunwody, Jones, G. Paul and White.
Those not voting were Messrs.:
Blalock
Bowen, J. O. Bowen, R. L. Branch Busbee Caldwell Collins, M. Conger Crowe Davis Dean Dickinson Etheridge Evans Parrar Floyd Flynt Griffis
Hale Hall Hull Jessup
Johnson, B. Jones, F. C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Leonard Lovett Luke Maddox McKemie Melton
Minge Pafford Page Phillips, G. S. Rainey Reaves Simmons Smith, E. B., Jr. Smith, J. R. Strickland Tabb Tidwell Vaughn, C. R. Walker Wells Wright Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 148, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
Mr. Brooks of Oglethorpe moved that this House do now adjourn until 9:30 a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomor row.
TUESDAY, MARCH 2, 1965
1381
Representative Hall, Atlanta, Georgia Tuesday, March 2, 1965.
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 Rev. Wm. L. Self, Pastor, Wieuca Road Baptist, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for Tuesday, March 2, 1965, and submits the following:
HB
65. Brokers, licensing requirements
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JOURNAL OF THE HOUSE,
HB 112. Dentist, Revocation of License HB 227. Motor vehicles, operating under influence of liquor HB 254. Sterilization, authorized by Doctors of Medicine HB 349. Tax Assessors, Compensation HB 350. State and County elections, Justice of Peace HB 384. Fishing Licenses, Increase HB 497. Water Resources, Research HB 508. Motor Vehicle, Title HB 509. Liability of Insurer HB 510. Liability of Insurer HB 524. Vaccine Permit Act HB 533. Alcoholic Beverage License Fee HB 534. Telephone, Telegraph, Charges HB 554. Appearance Bond, Forfeiture HB 558. Open Wells, Covering HB 583. State Officials, Emeritus HB 496. Teachers' Retirement System HR 185-425. Convey Property, Jenkins County
SENATE
SR
7. Home Rule for Counties
SR
42. Powers of County Governments
SR
43. Relating to County Commissioners
SB
22. Teachers' Retirement Board, Members (Reconsidered)
SB
34. Hospital Advisory Council, Members
SB
98. Milk Control Act, Amend
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.
TUESDAY, MARCH 2, 1965
1383
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 614. By Messrs. Bagby of Paulding, Murphy of Haralson, Williams of Hall and Bynum of Rabun:
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 notwith standing the provisions of any written or oral contract, the seller of any motor vehicle to be used upon the public streets, roads and high ways of this State warrant that said motor vehicle is equipped and in such condition that it will be approved when inspected pursuant to any inspection laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 615. By Messrs. Bagby of Paulding, Murphy of Haralson, Paris of Barrow, Floyd of Chattooga, Williams of Hall, Bynum of Rabun and Matthews of Colquitt:
A Bill to be entitled an Act to provide that after a certain date, all vehicle tires manufactured, sold or distributed in this State shall have the date of manufacture, recapping or otherwise processing of said vehicle tires and a serial number stamped thereon in raised letters; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 616. By Messrs. Bagby of Paulding, Murphy of Haralson, Ployd of Chat tooga, Mixon of Irwin, Odom of Dougherty and others:
A Bill to be entitled an Act to provide a tax on transfers of stock and other corporate certificates; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 617. By Messrs. Murphy of Haralson, Williams of Hall, Bynum of Rabun, Grahl of Peach, Odom and Hutchinson of Dougherty:
A Bill to be entitled an Act to limit and abate deficiency judgments in causes of action arising from contracts, bills of sale to secure a debt, conditional sales contracts or any other agreements on personal property containing powers of sale; and for other purposes.
Referred to the Committee on Judiciary.
HB 618. By Messrs. Brooks and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who
1384
JOURNAL OF THE HOUSE,
scrap, dismantel or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; and for other purposes.
Referred to the Committee on Rules.
HB 619. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes.
Referred to the Committee on Local Affairs.
HB 620. By Messrs. Underwood of Taylor and NeSmith of Meriwether:
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", so as to provide that certain counties shall be authorized to legalize and control alcoholic beverages and liquors without the necessity of an election; and for other purposes.
Referred to the Committee on Temperance.
HB 621. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 622. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HB 623. By Messrs. Brooks, Etheridge and McClelland 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 of said Circuit, so as to fix the compensation of the Solicitor-General of said Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 2, 1965
1385
HB 624. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Cordele, so as to authorize the governing authority to convey any interest in real property owned by the city under certain circumstances; and for other purposes.
Referred to the Committee on Local Affairs.
HB 625. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refunds of motor fuel tax to any county, municipalities and public school system of the State of Georgia paid on motor fuel purchased in certain quantities for school bus transportation or other educational purposes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 626. By Messrs. Bagby of Paulding, Williams of Hall, Lane of Bulloch and Odom of Dougherty:
A Bill to be entitled an Act creating a tax on all persons selling or issuing and redeeming trading stamps; and for other purposes.
Referred to the Committee on Judiciary.
HB 627. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to provide that the Sheriff of Ben Hill County, Georgia, shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HR 226-627. By Messrs. Brooks of Oglethorpe, Bedgood and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution to alter the basis of representation in the House of Representatives, to authorize the General Assembly to determine the number of representatives in the House within specified limits and to apportion the representatives among political subdivisions on an equitable basis; and for other pur poses.
Referred to the Committee on Judiciary.
Mr, Bagby of Paulding moved that the following Bill of the House be en grossed:
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JOURNAL OF THE HOUSE,
HB 628. By Messrs. Busbee of Dougherty and Walker of Lowndes:
A Bill to be entitled an Act to amend Code Title 58-7 (Malt Beverages), so as to provide for an alternative method of reporting and paying tax on the sale of malt beverages within this State, said alternative to be at the discretion of the Commissioner of the Department of Revenue; and for other purposes.
The motion prevailed and HB 628 was ordered engrossed and referred to the Committee on Ways and Means.
HB 629. By Messrs. Hutchinson of Dougherty and Lewis of Burke:
A Bill to be entitled an Act to provide that drivers of ambulances shall be required to have taken a course in emergency first aid; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 630. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff, Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 631. By Mr. Smith of Grady:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Grady County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 632. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act to create a board of com missioners of roads and revenues for the County of Grady, so as to define the manner of fixing the salary of the Chairman of said board; and for other purposes.
Referred to the Committee on Local Affairs.
HB 633. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act creating a new charter for the City of Leesburg, so as to change the terms of office of the mayor and five councilmen elected for said City; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 2, 1965
1387
HB 634. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to abolish the present method of compensat ing sheriffs in certain counties known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 635. By Mr. McRae of Talbot: A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to provide for the closing of a certain street in said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 636. By Messrs. Lowrey and Minge of Floyd: A Bill to be entitled an Act to amend an Act repealing an Act entitled "An Act to provide uniformity in the compensation of boards of com missioners of roads and revenues in Ployd County," so as to change the percentage of the contract price which the board shall be authorized to pay to a contractor before completion of the contract; and for other purposes.
Referred to the Committee on Local Affairs.
HB 637. By Mr. Lovett of Laurens: A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to change the hours for which the polls shall re main open for municipal elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 638. By Messrs. Murphy of Haralson and Moore of Polk: A Bill to be entitled an Act to provide for supplemental appropriations for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the purposes provided for herein, in the event the revenue of the State exceeds the estimated revenue; and for other purposes.
Referred to the Committee on Appropriations.
HB 639. By Mr. Tabb of Miller. A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Miller County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 640. By Messrs. Lambert of Morgan and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act creating a retirement fund to be known, cited and referred to as the "Sheriff's Retirement Fund of Georgia", so as to provide credit for prior or past service or services for certain persons; and for other purposes.
Referred to the Committee on Judiciary.
HR 233-640. By Messrs. Chandler and Harrington of Baldwin:
A Resolution authorizing the conveyance of certain land in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 641. By Messrs. Harris and Vaughn of Bartow, Mitchell of Whitfield and and Anderson of Pulaski: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require any owner who sells or in any manner transfers or disposes of a vehicle as wreckage or salvage, to mail or deliver the certificate of title to the Commissioner, along with the manufacturer's serial plate from said vehicle; and for other purposes.
Referred to the Committee on Highways.
Mr. Strickland of Evans moved that the following Bill of the House be en grossed:
HB 642. By Messrs. Strickland of Evans, Brantley of Candler and Jordan of Calhoun: A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, when such equipment is being operated upon a public road or highway during daylight hours; and for other purposes.
The motion prevailed and HB 642 was ordered engrossed and referred to the Committee on Highways.
HB 643. By Messrs. Peterson and Stalnaker of Houston: A Bill to be entitled an Act to create in and for the County of Houston the City Court of Warner Robins; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 2, 1965
1389
HB 644. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 8-109, relating to affidavit, necessity for and by whom made in cases of attachment, so as to change the provisions relating to the person before whom such affidavits shall be made; and for other purposes.
Referred to the Committee on Judiciary.
HB 645. By Mr. Conger of Decatur:
A Bill to be entitled an Act to clarify the procedure in garnishment and garnishment in attachment cases, so as to conform it, insofar as pos sible, to the procedure prevailing in ordinary civil cases; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HR 213-569. By Mr. Fulford of Terrell:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school superin tendent of Terrell County by the board of education of Terrell County; and for other purposes.
HB 570. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system; and for other purposes.
HB 571. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Tift County, known as the fee system; and for other purposes.
HB 572. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to place the Sheriff of Tift County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 573. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Tift County, known as the fee system; and for other purposes.
HB 574. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend Code Section 92-4105, relating to the limitation on cities' right of taxation, so as to correct certain errors contained in an Act amending said Code Section; and for other purposes.
HB 575. By Mr. Lee of Clinch:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system; and for other purposes.
HB 577. By Messrs. Underwood of Taylor, Stalnaker and Peterson of Houston, Rodgers of Charlton, Hudgins of Chattahoochee, Herndon of Appling, Bowen of Dooly, Grahl of Peach and others:
A Bill to be entitled an Act to provide for compulsory motor vehicle liability insurance, relating to the giving of security by owners and operators of motor vehicles; and for other purposes.
HB 578. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioners; and for other purposes.
HB 579. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville, so as to change the compensation of the Judge; and for other purposes.
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding, Smith of Grady, Hale of Dade and Brooks of Fulton:
A Bill to be entitled an Act to provide for the election of members of the House of Representatives in 1965 who shall take office and serve for a period of time as provided in Code Section 47-101 relating to the membership of the House of Representatives, as amended; and for other purposes.
TUESDAY, MARCH 2, 1965
1391
HB 581. By Messrs. Bagby of Paulding, Brooks of Fulton, Bynum of Rabun, Kelly of Jasper, Mixon of Irwin and Vaughan of Bartow:
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 repeal the provision requiring the filing of proof of financial responsibility upon the second conviction of certain offenses; and for other purposes.
HB 584. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act providing that any judge of the superior court may request any judge emeritus of the superior court of his judicial circuit or any adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making the request, so as to provide that any judge emeritus may serve in any judicial circuit of the State on request of a judge of any superior court; and for other purposes.
HB 587. By Mrs. Merritt of Sumter, and Mr. Blair of Sumter:
A Bill to be entitled an Act to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes.
HB 589. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend Code Chapter 26-27 relating to tools used in committing crimes, so as to prohibit any device or plans designed to conceal the existence of place of origin or destination of any telephone call or telegraph message, to provide for criminal penalties; and for other purposes.
HB 590. By Mr. Poss of Madison:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues of Madison County so as to provide for the composition of the board; and for other purposes.
HB 591. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the Superior Court, the ordinary, the tax commissioner, and the coroner of Madison County, known as the fee system; and for other purposes.
HB 592. By Mr. Poss of Madison:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Madison County, known as the fee system; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 593. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to provide that all counties in this State which have not completed a tax evaluation and equalization program shall complete such a program on the various classes of property in the respective counties on or before July 1, 1968; and for other purposes.
HB 594. By Mr. White of Mclntosh:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Mclntosh County, known as the fee system; and for other purposes.
HB 595. By Messrs. Caldwell and Page of Upson:
A Bill to be entitled an Act to place the sheriff of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 596. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax year; and for other purposes.
HB 597. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act fixing the salary of the treasurer of Haralson County, so as to increase the compensation of the treasurer; and for other purposes.
HB 598. By Mr. Brantley of Candler: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Candler County, known as the fee system; and for other purposes.
HB 599. By Messrs. Moses of Montgomery, and Williams and Overby of Hall: A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that certain vehicles may exceed a total outside width of 96 inches without the necessity of a special permit; and for other purposes.
HB 600. By Messrs. Harris of DeKalb and Dixon of Ware: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain
TUESDAY, MARCH 2, 1965
1393
members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes.
HR 223-600. By Mr. Rhodes of Baker:
A Resolution proposing an amendment to the Constitution so as to create the Baker County Industrial Development Authority; and for other purposes.
HB 601. By Messrs. Rhodes of Baker, Odom of Dougherty, Grahl of Peach, Collins of Mitehell, Matthews of Colquitt and others:
A Bill to be entitled an Act to provide that any person who knowingly sells or gives any narcotic drug to a minor, except as authorized by an Act known as the "Uniform Narcotic Drug Act", shall be guilty of a felony; and for other purposes.
HB 602. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Statesville, in Echols County", so as to reincorporate the Town of Statesville as the City of Statenville; and for other purposes.
HB 603. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the Town of Statesville, in Echols County", so as to change the corporate limits of said town; and for other purposes.
HB 604. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Echols County, known as the fee system; and for other purposes.
HB 605. By Mr. McKemie of Clay: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Gaines, so as to change the corporate limits; and for other purposes.
HB 606. By Mr. Lewis of Wilkinson: A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Wilkinson County, known as the fee system; and for other purposes.
1394
JOURNAL OF THE HOUSE,
HB 607. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to abolish the present method of compen sating the ordinary of Wilkinson County, known as the fee system; and for other purposes.
HB 608. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system, so as to change the compensation of the secretary of the sheriff of Appling County; and for other purposes.
HB 609. By Messrs. Moore and Dean of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to change the tax millage rate; and for other purposes.
HR 224-609. By Messrs. Jones, Dunwody and Laite of Bibb:
A Resolution releasing certain property belonging to Ernest Genone, Jr. from all fi. fas., and for other purposes.
HB 610. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life insurance companies doing business within the corporate limits of said City; and for other purposes.
HB 611. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to authorize the use of voting machines in all municipal elections; and for other purposes.
HB 612. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within the corporate limits of said City; and for other purposes.
HR 225-612. By Mr. Conner of Jeff Davis: A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose
TUESDAY, MARCH 2, 1965
1395
of studying fire insurance underwriting practices which prevail in the State; and for other purposes.
HB 613. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to implement the constitutional amendment creating the "Emanuel County Development Authority", which amend ment may be found in Ga. Laws 1962, p. 758; and for other purposes.
SB 39. By Senator Miller of the 43rd: A Bill to be entitled an Act to prohibit the hunting and taking of owls; and for other purposes.
SB 55. By Senator Johnson of the 42nd: A Bill to be entitled an Act to amend an Act relating to the regulation of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures; and for other purposes.
SB 62. By Senator Smalley of the 28th:
A Bill to be entitled an Act to authorize the governing authority of any county or municipality in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Department of Archives and History, and for other purposes.
SB 129. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways, so as to provide that a vehicle pro ceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes.
SR 32. By Senator Johnson of the 38th: A Resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes.
Mr. Lee of Clayton County Chairman of the Committee on Industrial Rela tions submitted the following report:
1396 Mr. Speaker:
JOURNAL OF THE HOUSE,
Your Committee on Industrial Relations 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:
HR 126. Do Pass. HB 586. Do Not Pass.
Respectfully submitted, Lee of Clayton Chairman.
Mr. Harris of DeKalb County Vice-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 Vice-Chairman to report the same back to the House with the following recommendations:
HB 225. Do Pass. HB 550. Do Pass as Amended. HB 576. Do Pass. HR 208-551. Do Pass. HB 542. Do Not Pass. HB 546. Do Not Pass. HB 423. Do Pass. HB 490. Do Not Pass. HB 547. Do Not Pass. HB 582. Do Pass. HB 551. Do Pass. HB 600. Do Pass.
TUESDAY, MARCH 2, 1965
1397
HB 386. Do Pass by Substitute. HB 378. Do Pass by Substitute.
Respectfully submitted, Harris of DeKalb Vice-Chairman.
Mr. Tucker of Catoosa 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 570. Do Pass. HB 571. Do Pass. HB 572. Do Pass. HB 573. Do Pass. HB 575. Do Pass. HB 578. Do Pass. HB 579. Do Pass. HB 587. Do Pass. HB 590. Do Pass. HB 591. Do Pass. HB 592. Do Pass. HR 213-569. Do Pass.
Respectfully submitted, Tucker of Catoosa Chairman.
Mr. Bolton of Spalding County Vice-Chairman of the Committee on Rules submitted the following report:
1398 Mr. Speaker:
JOURNAL OF THE HOUSE,
Your Committee on Rules 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 525. Do Pass.
HB 556. Do Pass.
Respectfully submitted,
Bolton of Spalding
Vice-Chairman.
Mr. Brooks of Fulton County Chairman of the Committee on Special Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 559. Do Pass.
Respectfully submitted,
Brooks of Fulton
Chairman.
Mr. Bagby of Paulding 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 555. Do Pass.
HB 561. Do Pass.
HB 560. Do Pass.
TUESDAY, MARCH 2, 1965
1399
HB 103. Do Pass by Substitute. HB 53. Do Pass by Substitute.
Respectfully submitted, Bagby of Paulding 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 281. By Messrs. Busbee of Dougherty, Smith of Emanuel and others: A Bill to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be appointed among Repre sentative Districts with no District having more than 4 members; and for other purposes.
HB 282. By Messrs. Story and Watson of Gwinnett: A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles; and for other purposes.
HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes and others: A Bill to amend an Act creating the office of Judge of the Superior Court Emeritus, so as to provide for the appointment as Judge Emeritus of certain former judges who are totally disabled; and for other pur poses.
HB 377. By Messrs. Smith of Grady, Bolton of Spalding and others: A Bill authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes.
HR 56-107. By Messrs. Smith of Grady, Bolton of Spalding and others: A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 5, 1964, suspending the collection of the tax
1400
JOURNAL OF THE HOUSE,
imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
HR 57-107. By Messrs. Smith of Grady, Bolton of Spalding and others: A Resolution to ratify the Executive Order of the Governor, suspending the collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, until the next meeting of the General Assembly; and for other purposes.
HR 122-192. By Mr. Pope of Cherokee: A Resolution authorizing the conveyance of certain State property located in Cherokee County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes.
HB 73. By Messrs. Williams and Overby of Hall, Pope of Gherokee and others:
A Bill to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the in spection fee; and for other purposes.
HB 322. By Mr. Irvin of Habersham:
A Bill to amend an Act creating the North Georgia Mountains Commis sion, by providing that the Attorney General, the Director of the De partment of Industry and Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members; and for other purposes.
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga; and others:
A Bill to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the
TUESDAY, MARCH 2, 1965
1401
battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 82. By Senator Searcey of the 2nd:
A Bill to amend Code Section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which the bail is required; and for other pur poses.
SR 49. By Senator Kidd of the 25th:
A Resolution requesting the Secretary of Health, Education and Welfare to make changes in certain regulations; and for other purposes.
SB 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others:
A Bill to amend an Act entitled "An Act to provide for the creation of the office of solicitor-general emeritus;" approved Feb. 17, 1949, (Ga. Laws 1949, p. 780,) as amended, so as to provide that time served by a solicitor-general as judge of city or county court toward years of service required of solicitor-general; and for other purposes.
SB 91. By Senator Kidd of the 25th:
A Bill to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), so as to change the provisions relative to the time limitations on filing notices of claims and the in troduction of Resolutions; 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 49. By Senator Kidd of the 25th:
A Resolution requesting the Secretary of Health, Education and Welfare to make changes in certain regulations; and for other purposes.
Referred to the Committee on Welfare.
1402
JOURNAL OF THE HOUSE,
SB 72. By Senators Edenfield of the 4th and Kilpatrick of the 44th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of solicitor-general emeritus", so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said Act; and for other purposes.
Referred to the Committee on Judiciary.
SB 82. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend Code Section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which bail is required; and for other purposes.
Referred to the Committee on Judiciary.
SB 91. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to change the provisions relative to the time limitations on filing notices of claims and the introduction of Resolutions; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 504. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the 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.
TUESDAY, MARCH 2, 1965
1403
HB 538. 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 Appling County, so as to provide for an annual audit, and for other purposes.
The report 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 540. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Bleckley County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 541. By Mr. Byrd of Walton:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for Walton County, so as to change the compensation of the members of the board except the chairman, and for other purposes.
The report 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.
1404
JOURNAL OF THE HOUSE,
HB 543. By Mr. Looper of Dawson:
A Bill to be entitled an Act to provide for supplemental compensation for the Ordinary 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.
HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act amending Code Section 92-6201, providing for the time for making tax returns in certain coun ties, so as to provide that the Tax Commissioner, may extend the time for filing tax returns and may eliminate the penalty for failure to timely file tax returns on 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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 553. By Messrs. Knight and Lovett of Laurens: A Bill to be entitled an Act to amend an Act providing a new charter for the town of Dexter, so as to change the date for holding municipal elections, to increase the term of the mayor and 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 2, 1965
1405
HB 557. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in counties of a certain population, so as to clarify the provisions relative to and under which a county may be included 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 563. By Messrs. McClelland, Etheridge and Brooks of Pulton:
A Bill to be entitled an Act to fix the salaries of the Judges of the Juvenile Courts in counties of a certain population, 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to fix the compensation of ordinaries 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 116, nays 0. The Bill, having received the requisite constitutional majority, was passed.
1406
JOURNAL OF THE HOUSE,
HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to establish the Criminal Court of Atlanta, so as to adjust, increase and fix the annual salaries of the judges and the solicitor-general of said Criminal 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 566. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act fixing the compensation of commissioners of roads and revenues in counties of a certain popula tion, so as to provide that the pay of such commissioners shall be $6,000.00 per annum, payable in equal monthly installments, and for other purposes.
The report 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 567. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges 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.
TUESDAY, MARCH 2, 1965
1407
HB 545. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to abolish the present method of compensa tion of the sheriff of Fannin County, known as the fee system, to pro vide in lieu thereof an annual salary for the sheriff, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 545 as follows:
By striking from the title the phrase "to provide that the sheriff shall be responsible for the operating expenses, maintenance, repair and replacement thereof" and inserting in lieu thereof the following: "to provide that the sheriff shall be responsible for the maintenance, repair and replacement thereof; to provide that the county shall pay for the gas and oil required by the automobiles used by the sheriff's office"; and
By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The sheriff of Fannin County shall furnish his own automobile, and he shall be responsible for the maintenance, repair and replacement thereof. The gas and oil requirements of the automobiles used by the sheriff's office shall be paid by the county from the funds of Fannin County. The sheriff shall receive from the funds of Fannin County, in addition to his annual salary, an automobile allowance of $1,500.00 per annum, payable in equal monthly installments from the funds of Fannin 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 88. By Senators Salome, of the 36th, Ware of the 39th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend the Act creating a system of traffic courts for each city of this State having a certain population, and for other purposes.
1408
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
An Act to amend the Act creating a system of traffic courts for each city of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census, approved February 15, 1955 (Ga. Laws 1955, pp. 2318 et seq.), so as to provide additional regulations for the appointment and tenure of judges, as sociate judges, or solicitor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be amended by adding thereto the following provisions:
SECTION 1. Whenever a vacancy shall occur in the office of Chief Judge, Associate Judge or solicitor, the Mayor or other chief executive officer of such City shall fill such vacancy by appointing one of three persons who shall be nominated (and whose names shall be submitted to the Mayor or other chief executive officer) by the judge, or a majority of the judges of the Superior Court having territorial jurisdiction of all or the greater part of such city.
SECTION 2. Each Judge or solicitor shall hold office for a term ending December 31, following the next special election at which he may submit his candidacy for election to succeed himself; provided, however, that such judge or solicitor shall not be required to run against his record as hereinafter provided until he has served in such office at least twelve months. Not less than sixty days prior to the holding of any city-wide primary or other city-wide election for the nomination of City officers for such cities, any chief judge, associate judge or solicitor of such Court may file in the office of the Clerk of the Board of Aldermen or other legislative body a declaration of his candidacy for election to succeed himself.
SECTION 3. Thereupon, it should be the duty of the Mayor or other chief executive officer of such City and the Board of Aldermen or other legislative body of such City to call a special election to be held on the date of such primary, or other election, as above, on the questions hereinafter set forth. The name of the judge or solicitor who shall file such a declaration shall be submitted at said special election to the qualified voters of such City on a ballot or voting device reading:
"Shall Judge or Solicitor (here the name of the Judge or Solicitor shall be inserted) of such (here name the Traffic Court) be retained in office?
Yes __________ No __
(Instructions shall be given on said ballot or voting machine to the voters to scratch "yes" or "no" on the ballot, or vote "yes" or "no" on
TUESDAY, MARCH 2, 1965
1409
the voting machine.) If a majority of those voting on the question vote against retaining such judge or solicitor in office, a vacancy shall exist upon the expiration of his term and such vacancy shall be filled in the manner above provided; otherwise, said judge or solicitor shall, unless removed for cause, remain in office for a term of four years, beginning on January 1 next following such election. On the expiration of each such term, he shall be eligible for retention in office by election in the manner here prescribed. Judges or solicitors rejected at the polls shall not be eligible for reappointment.
SECTION 4. The present judges or solicitor of such Traffic Court now in office shall continue in office unless removed for cause until December 31 following any election as hereinbefore provided held after January 1, 1966. They and each of them shall thereafter be eligible for retention in office upon securing a favorable majority of the votes cast in elections held as provided herein.
SECTION 5. 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 99. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Floyd County Employees' Pension Code", so as to change the number of years of service required to qualify for benefits under the retirement plan, and for other purposes.
The report 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.
1410
JOURNAL OF THE HOUSE,
SB 116. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the appointment of two superior court reporters or court steno graphers to the judges of the superior 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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, to provide for an increase in the contributions to the retirement fund of the City of Rome by the City and certain 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 244. By Messrs. Vaughan and Harris of Bartow: A Bill to be entitled an Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff, and for other purposes.
The following Senate amendment was read:
Senator Pincher of the 51st: moves to amend HB 244 as follows:
TUESDAY, MARCH 2, 1965
1411
By striking from Section 1, quoted Section 2, the following sentence: "The sheriff shall be paid twenty-four hundred ($2400.00) dollars per annum for operating expenses at the county jail."
Mr. Vaughan of Bartow moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 105, nays 0.
The House has agreed to the Senate amendment to HB 244.
HB 63. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend Title 56 of the Code relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations, and for other purposes.
The following Senate amendment was read:
The Committee on Banks and Banking moves to amend subsection (b) of Code Section 56-1519.1 as set forth in Section 2 of HB 63 as follows:
In the third sentence after the word "give" and before the words "any proxy" add the following words "or to refrain from giving."
Mr. Conner of Jeff Davis 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 Alien Anderson Arnsdorff Balkcom Ballard Barber
Beck Bedgood Black Blair Blalock Bowen, J. 0. Branch Brinkley
Brooks, Geo. B. Brown, Gene Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr.
1412
JOURNAL OF THE HOUSE,
Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Harrell Harrington Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W.
Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Matthews, C. Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Oglesby Otwell Overby Pafford Page Paris Parlcer Peterson Phillips, G. S. Phillips, L. L. Pickard Pope
Poss Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, E. B., Jr. Smith, J. R. Snow Stalnaker Steis Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watson Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Evans
Odom
Those not voting were Messrs.:
Bagby Bolton Bowen, R. L. Brackin Brantley Brooks, Wilson
Brown, M. P. Busbee Caldwell Chandler Coker, R. Conger
Dickinson Dollar Flynt Griffin Griffis Hale
Hall Harris, J. F. Harris, J. R. Hudgins Johnson, B. Jones, C. M. Jones, G. Paul Kelly Laite Lane Looper Marshall Matthews, D. R. Mauldin
TUESDAY, MARCH 2, 1965
McClelland Melton Mitchell Moate Nessmith, P. Newton, D. L. Perry Potts Reaves Ross Shuman Simmons Smith, A. B. Smith, Chas. C.
1413
Smith, G. L. II Smith, V. T. Spikes Spillers Story Sweat Vaughn, C. R. Walker Ware Watkins Williams, W. M. Mr. Speaker
On the motion to agree, the ayes were 144, nays 2.
The House has agreed to the Senate amendment to HB 63.
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga and others: A Bill to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion, and for other purposes.
The following Senate amendment was read:
The Committee on Rules moves to amend HB 399 as follows:
By striking from Section 1 the following:
"Beginning July 1, 1966, the above sums shall be increased $300.00 per annum each. The members of the Georgia Bureau of Investigation shall each receive an increase in their base salary of $300.00 per annum, beginning July 1, 1965, and shall receive an additional $300.00 per annum beginning July 1, 1966."
and inserting in lieu thereof the following:
"Effective July 1, 1966, each of the above sums shall be in creased $300.00. The members of the Georgia Bureau of Investiga tion shall each receive an increase in their base salary of $300.00 per annum, effective July 1, 1965, and shall receive an additional $300.00 per annum effective July 1, 1966."
Mr. Bagby of Paulding moved that the House disagree to the Senate amend ment.
1414
JOURNAL OF THE HOUSE,
On the motion to disagree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dollar Duncan, A. C. Etheridge Evans Farrar Floyd Flynt Fulford Gary
Grahl Griffin Griffis Harrell Harrington Harris, J. R. Harris, R. W. Herndon Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McCracken McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Nesmith, J. D. Newton, A. S. Odom
Oglesby Overby Pafford Page Perry Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Rush Savage Sewell Shea Shuman Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Stalnaker
Steis Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watkins Watson Wiggins Williams, G. J. Wilson Woodward Wright
TUESDAY, MARCH 2, 1965
Those not voting were Messrs.:
Bolton Bowen, R. L. Branch Brooks, Geo. B. Brown, M. P. Bynum Conner Dixon Dorminy Doster Duncan, V. W. Dunwody Hale Hall Harris, J. P. Henderson Hull Johnson, B.
Jones, C. M.
Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Lamber Lane Leonard Lewis, E. B. Mauldin McClelland McDaniell Melton Mitchell Nessmith, P. Newton, D. L. Otwell Paris Parker
Pickard
1415
Reaves Rodgers, H. B. Ross Russell Simkins Simmons Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Spiller Story Vaughn, C. R. Walker Ware Wells White Williams, W. M. Mr. Speaker
On the motion to disagree, the ayes were 147, nays 0.
The House has disagreed to the Senate amendment to HB 399.
Mr. Walker of Lowndes stated that he was called from the Hall of the House at the time the roll was called but had be been present he would have voted "Aye".
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, and others:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children, and for other purposes.
The following Senate amendment was read:
Mr. Gayner of the 5th moves to amend HB 44 as follows: By striking Section 74-110.4 from Section 1 in its entirety and renumbering section 74-110.5 wherever the same appears to section 74-110.4.
Mr. Harris of DeKalb moves that the House disagree to the Senate amend ment.
1416
JOURNAL OF THE HOUSE,
On the motion to disagree, the ayes were 103, nays 0.
The House has disagreed to the Senate amendment to HB 44.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga and others:
A Bill to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes.
The President has appointed on the part of the Senate, as a Committee of Conference, Senators Webb of the llth, Gillis of the 20th and Moore of the 31st.
Under the General Order of Business, established by the Committee on Rules, the following Bills, and Resolution of the House were taken up for con sideration and read the third time:
HR 185-425. By Mr. Newton of Jenkins:
A Resolution authorizing the conveyance of certain State Property located in Jenkins County, and for other purposes.
The following amendment was read and adopted:
Mr. Newton of Jenkins moves to amend HR 185 as follows:
By striking that paragraph which appears immediately before the resolving clause and substituting in lieu thereof the following:
TUESDAY, MARCH 2, 1965
1417
"WHEREAS, said portion or parcel of land is more particularly described as follows: All that tract or parcel of land lying situate and being in the 1635th District GM of Jenkins County, Georgia, containing 87 acres, more or less, and being more particularly described as follows: Beginning at an iron pin which is located upon the eastern right-of-way of U. S. Highway 25, which pin is 4004.2' north of the intersection of said U. S. Highway 25 and Spring Mill Branch, thence N 12 26' W for a distance of 4379.3' along the eastern boundary of said U. S. Highway 25 to an iron pin, thence N 11" 12' W for a distance of 268.7' to an iron pin, thence S 82 43' for a distance of 800' to an iron pin, thence S 12 43' E for a distance of 4551.6' to an iron pin, thence N 89 55' W for a distance of 800' to the point of beginning."
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 Arnsdorff Bagby Balkcom Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F.
Collins, M. Colwell Conger Crowe Dailey
Davis DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Evans Farrar Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell
Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, W. H. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McKemie McRae Melton Merritt Minge Mitchell
1418
Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pope Poss Potts
JOURNAL OP THE HOUSE,
Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Rush Russell Savage Sewell Shea Shuman Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers
Stalnaker Story Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watson White Wiggins Williams, G. J. Wilson Woodward Wright
Voting in the negative was Mr. Hudgins.
Those not voting were Messrs.:
Ballard Barber Bolton Branch Brown, Gene Brown, M. P. Bynum Conner Dean Dorminy Doster Duncan, V. W. Dunwody Etheridge Floyd Flynt Hale Hall Hull
Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Laite Lambert Leonard Lewis, E. B. Luke McClelland McDaniell Milhollin Moore, Don C. Otwell Paris Phillips, G. S. Pickard
Rodgers, H. B. Ross Simkins Simmons Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Snow Steis Thomason
Vaughn, C. R.
Walker Watkins
Wells Williams, W. M. Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 148, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
TUESDAY, MARCH 2, 1965
1419
HB 558. By Messrs. Blair of Sumter, Murphy of Haralson, Mrs. Merritt of Sumter and others:
A Bill to be entitled an Act to provide for the covering, filling or other wise making safe of abandoned open wells or holes, 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 roll call was ordered and the vote was as follows:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Etheridge
Evans Farrar Floyd Fulford Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Lambert Lee, F. S. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McCracken McDaniell McKemie McRae Merritt
Milhollin Mixon Moate Moore, Don C. Moore, J. H.
Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Rodgers, H. B.
Roper Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, E. B., Jr. Smith, J. R.
1420
Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomas
JOURNAL OP THE HOUSE,
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins
Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Barber Bolton Branch Brantley Brooks, Geo. B. Bynum Byrd Caldwell Chandler Coker, G., Dr. Dailey Dorminy Doster Duncan, V. W. Dunwody Flynt Gary Hale Hall Harrington
Harris, R. W. Henderson Hull
Jessup Jones, C. M. Jordan, W. H. Kelly Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lowrey Mauldin McClelland Melton Minge Mitchell
Nessmith, P. Newton, D. L. Otwell Pickard Roberts Rogers, Jimmie Ross Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Spillers Vaughn, C. R. Wells Woodward Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Barber of Jackson 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 558.
HB 583. By Messrs. Pope of Cherokee, Thomason of Pickens and others: A Bill to be entitled an Act to amend an Act creating emeritus offices for certain State House officials, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, MARCH 2, 1965
1421
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 Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0 . Bowen, R. L, Brackin Branch Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Flynt Fulford
Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Holder Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S, Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S. Odom
Oglesby Otwell Overby Pafford Paris Perry Peterson Phillips, L. L. Pickard Pope Potts Rainey Reaves Rhodes Richardson Rodgers, H. B. Rogers, Jimmie
Roper Rowland Rush Russell Savage Sewell Shea Simkins Simp son Singer Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Watkins Watson Wells White Wilson Woodward Wright
1422
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Brinkley Dixon
Hall Jones, M.
Moore, J. H.
Those not voting were Messrs.:
Abney Bolton Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Davis Dorminy Evans Hale Hall Harrell Harris, J. R. Henderson Herndon Howell Jones, P. C. Jordan, W. H.
Kelly Knight, W. D. Lee, G. B. Leonard Lowrey Matthews, C. McClelland Melton Minge Mitchell Newton, D. L. Page Parker Phillips, G. S. Poss Reid Roberts
Ross Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T.
Snow Strickland Tidwell Underwood Vaughn, C. R. Ware Wiggins Williams, G. J. Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 147, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Pope of Cherokee moved that HB be immediately transmitted to the Senate.
The motion prevailed and HB 583 was ordered immediately transmitted to the Senate.
HB 349. By Messrs. Bolton of Spalding, Hale of Dade and Steis of Harris: A Bill to be entitled an Act to amend Code Section 92-6908, relating to the compensation and the payment of expenses of county boards of tax assessors, so as to increase the minimum compensation of county tax assessors, and for other purposes.
The following amendment was read:
Mr. Moore of Polk moves to amend HB 349 by striking Section 1 in its entirety so as to read as follows:
TUESDAY, MARCH 2, 1965
1423
Section 1. Code Section 92-6908, relating to the compensation and the payment of expenses of county boards of tax assessors, is hereby amend ed by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section to read as follows:
"92-6908. Members of the board of tax assessors shall be paid such compensation for their services as shall be fixed from time to time by the governing authority of the county. The governing authority of each county shall provide suitable quarters and supplies at the county's expense for the purpose of providing the board with ade quate storage and working space to discharge their duties. In those counties which have undertaken an ad valorem tax equalization and reevaluation program, the board may employ a full-time assistant who shall maintain the county's reevaluation program. Such as sistant shall receive such compensation as shall be fixed by the governing authority of the county."
The following amendment to the amendment was read and adopted.
Mr. Caldwell of Upson moves to amend the amendment to HB 349 as follows:
By striking "assistant" wherever it appears in Section 1 and inserting in lieu therefor the word "person".
Mr. Moore's amendment was adopted as amended.
Mr. Bagby of Paulding moved that HB 349 be laid on the Table.
On the motion to table the ayes were 104, nays 0.
The motion prevailed and HB 349 was laid on the table.
HB 350. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend the Georgia Election Code, re lating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, so as to provide that an incumbent of the office of justice of the peace, who serves as a poll officer at a primary or elec tion in which he seeks nomination for or election to the office of justice of the peace, shall be eligible to hold same if nominated or elected, and for other purposes.
1424
JOURNAL OF THE HOUSE,
Mr. Blair of Sumter asked unanimous consent that further consideration of HB 350 be postponed until Thursday, March 4, 1965.
The consent was granted and further consideration of HB 350 was postponed until Thursday, March 4, 1965.
HB 508. By Messrs. Smith of Grady, Bolton of Spalding, and others: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder, and for other purposes.
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 Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, J. F. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey
Luke Maddox Matthews, C. Mauney McCracken McDaniell McKemie McRae Merritt Minge Mitchell Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page
TUESDAY, MARCH 2, 1965
Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Rowland Rush Russell Savage Sewell Shea Singer Smith, Chas. C. Smith, E. B., Jr.
1425
Smith, J. R. Snow Spillers Stalnaker Steis Strickland Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Bagby Branch Dean Dixon Hull
Leonard Mixon Murphy Paris Roper
Simkins Sweat Thomas
Those not voting were Messrs.:
Anderson Ballard Bowen, R. L. Brooks, Geo. B. Brown, M. P. Caldwell Chandler Conger Conner Dollar Dorminy Griffin Hale Hall Houston Hudgins
Jordan, W. H. Kelly Lane Looper Marshall Matthews, D. R. Mauldin McClelland Melton Milhollin Moate Newton, D. L. Otwell Poss Potts Rainey
Reaves Ross Shuman Simmons Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Story Walker Ware White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 13.
1426
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Jones of Liberty moved that HB 508 be immediately transmitted to the Senate.
The motion prevailed and HB 508 was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate disagrees to House substitute to the following Bill of the Senate:
SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A Bill to provide home rule for municipalities; to provide for a short title; to provide method for the creation, dissolution, merger, and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes.
The Speaker announced the House recessed until 2:15 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 2:15 p.m.
Mr. Bagby of Paulding asked unanimous consent that the House insist on its position on the following Bill of the House and requests that a committee of conference be appointed:
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga and others: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of of ficers and men in the battalion, and for other purposes.
The consent was granted and the House insisted on its position on HB 399.
TUESDAY, MARCH 2, 1965
1427
The Speaker appointed the following members as a committee of conference on the part of the House:
Messrs. Bagby of Paulding, Ployd of Chattooga and Murphy of Haralson.
Mr. Snow of Walker asked unanimous consent that the House insist on its position on the following Bill of the Senate:
SB 4. By Senators Broun of the 46th, Webb of the llth and others:
A Bill to be entitled an Act to provide home rule for municipalities, and for other purposes.
The consent was granted and the House insists on its position on SB 4.
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 384. By Messrs. Bowen of DeKalb, and Coker of Cherokee:
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 Pish Commission, so as to increase certain licenses, and for other purposes.
Mr, Irvin of Habersham moved that HB 384 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.:
Alien Anderson Beck Black Bowen, R. L. Brackin Branch Brinkley Brown, Gene Davis
Dorminy Floyd Flynt Gary Griffin Griffis Harrell Harrington Harris, J. F. Herndon
Holder Irvin Jessup Jones, M. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill)
1428
Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Mauldin Milhollin Mitchell Mixon Moate Moore, Don C.
JOURNAL OF THE HOUSE,
Moses Nessmith, P. Pafford Phillips, L. L. Potts Richardson Rowland Rush Sewell Shea Shuman Smith, J. R.
Story Tabb Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watson Williams, G. J. Woodward Wright
Those voting in the negative were Messrs.:
Acree Arnsdorff Bagby Balkcom Bedgood Blair Bolton Bowen, J. 0. Brooks, Wilson Carr Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Crowe Dean DeLoach DcVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Grahl Harris, R. W.
Henderson Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Lambert Maddox Marshall Matthews, C. Mauney McClelland McCracken McDaniell McKemie McRae Merritt Moore, J. H. Murphy Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby
Parker Perry Peterson Phillips, G. S. Pope Poss Reaves Rodgers, H. B. Rogers, Jimmie Roper Russell Savage Simkins Simmons Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Sweat Thomas Tidwell Underwood Watkins White Wiggins Williams, W. M.
Those not voting were Messrs.:
Abney Ballard Barber Blalock Brantley
Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd
Caldwell Chandler Clark, J. T. Clarke, H. G. Collins, M.
Conner Dailey Fulford Hale Hall Harris, J. R. Jones, C. M. Jones, F. C. Laite Lowrey Matthews, D. R.
TUESDAY, MARCH 2, 1965
Melton Minge NeSmith, J. D. Page Paris Pickard Rainey Reid Rhodes Roberts Ross
1429
Singer Smith, A. B. Smith, G. L. II Strickland Thomason Tucker, J. B. Ware Wells Wilson Mr. Speaker
On the motion to Table, the ayes were 64, nays 93.
The motion was Lost.
The following amendments were read and adopted:
The Committee on Game and Fish moves to amend HB 384 as follows:
By striking the following: " 'HUNTING.
'(a) Yearly (Statewide) .___--------_-...,,,,.--------------_- $4.25 '(b) Yearly for hunting with bow and arrow------.-_- $4.25 'FISHING. '(a) Yearly for fishing (Statewide) __----____-------- $2.50 'COMBINATION HUNTING AND FISHING LICENSE (Statewide) _._..._..__________.____....._.___--_._.._..____ $6.50'", as it appears at the end of Section 31, which Section is quoted in Section 2 of said bill, and substituting in lieu thereof the following: " 'HUNTING. '(a) Yearly (Statewide) ___.____.__________._______________,,_,,___,,_.______ $3.25 '(b) Yearly for hunting with bow and arrow----_,,__ $3.25
1430
JOURNAL OF THE HOUSE,
'FISHING.
'(a) Yearly for fishing (Statewide)__.__._...._.______._______ $2.25
'COMBINATION HUNTING AND FISHING LICENSE
(Statewide) .. .-......,,.,,-_._-.,,_._.._-.,,,,-.-......-...-.......-.,,..-.._..-.._._ $5.25' "
Mr. Richardson of Chatham moves to amend HB 384 by deleting the Number (16) in Section 30 of Section 1 and inserting in lieu thereof the number (18) and deleting from Section 31 of Section 2 the number (16) and inserting in lieu thereof the number (18).
Mr. Floyd of Chattooga offered an amendment which was read and lost.
The following substitute was read:
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, to game and fish, and to wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 231), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 974), so as to increase certain licenses; to provide for a ten-day nonresident hunting license, a ten-day nonresident fishing license and a three-day nonresident fish ing license; to provide for honorary hunting and fishing licenses; to provide for a county hunting license; to provide for a county license for hunting with bow and arrow; to provide for a county fishing license; to provide for a combination county hunting and fishing license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. Laws 1956, p. 231), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 974), is hereby amended by striking in its entirety Section 30 and substituting in lieu thereof a new Section 30 to read as follows:
"Section 30. It shall be unlawful for any person not a resident of Georgia, who has attained the age of sixteen (16) years, to hunt, fish or trap in the jurisdiction of this State without a proper nonresident license, except as otherwise provided by law
TUESDAY, MARCH 2, 1965
1431
and interstate agreements. It shall be unlawful for any nonresident to hunt, fish or trap without carrying the required license on his person. Any person violating any provisions of this Section shall be guilty of a misdemeanor and punished as provided by law.
"Nonresident license fees shall be as follows:
"TRAPPING.
"(a) Yearly in location where permitted----------------$35.00
"HUNTING.
"(a) Ten-day license for small and big game-------- $12.50
"(b) Yearly for small and big game----_.------------_--. $25.25
"(c) Yearly for public hunting preserves------------ $ 5.25
(No other license is required on public preserves.)
(For private hunting preserves, licenses as provided in (a) or (b) above, or (d) or (e) below as required.)
"(d) Ten-day license for small and big game with bow and arrow ----------------_.____....---------------- $12.50
"(e) Yearly for small and big game with bow and arrow --._--------------------______....--____...-- $25.25
"FISHING. FRESH-WATER FISH ONLY.
"(a) Yearly throughout the State.---------------------- $ 7.25
"(b) Ten-day Statewide license ---------------------- $ 2.25
"(c) Three-day Statewide license _--.----------_-------- $ 1.25
"Such annual licenses issued by the Commission shall bear the date of April first of the year in which issued and shall expire on March thirty-first of the following year."
Section 2. Said Act is further amended by striking Section 31 in its entirety and substituting in lieu thereof a new Section 31 to read as follows:
"Section 31. It shall be unlawful for any resident of this State, who has attained the age of sixteen (16) years, to hunt, fish or trap without a proper resident license, except as other wise provided herein. It shall be unlawful for any resident of this
1432
JOURNAL OF THE HOUSE,
State to hunt, fish or trap in this State without carrying the re quired license upon his person. Any person violating any of the provisions of this Section shall he guilty of a misdemeanor and punished as provided by law.
"Resident license fees shall be as follows:
"HONORARY LICENSES.
"(a) All legal residents of Georgia who are sixty-five (65) years of age or more and who apply to the Commission shall receive an honorary hunting and fishing license which shall entitle the holder thereof to hunt and fish within this State without the payment of any fee whatsoever.
"(b) All legal residents of Georgia who are totally blind and who shall apply to the Commission shall be issued an honorary fishing license which shall entitle the holder thereof to fish within this State without the payment of any fee whatsoever.
"(c) Any veteran, who is a legal resident of Georgia, who shall file with the Commission a letter from the Veterans Administration, stating that he is a totally disabled American veteran, shall be issued a permanent honorary fishing license which shall entitle such veteran to fish within this State without the payment of any fee whatsoever.
"(d) All honorary hunting and fishing licenses, with the exception of the payment of fees, are subject to all other provisions of law, rules and regulations of this State. Such honorary licenses may be revoked upon the conviction of the holder for any violation of the game and fish laws of this State. It shall be unlawful for any person having an honorary fishing license or hunting license to permit the use of same by any other person. It shall also be unlawful for any person to use an honorary hunting and fishing license who is not entitled to the same. Any person violating the provisions of this Section shall be guilty of a misdemeanor and punished as provided by law.
"TRAPPING.
"(a) Yearly in the location where permitted-...--.._..... $5.25
"HUNTING.
" (a) Yearly ..._.__..._.._......._.__._.._.__......_...........____.. $2.25 (County of residence of licensee)
"(b) Yearly (Statewide) _______.......___.__..__________________ $3.25
"(c) Yearly for hunting with bow and arrow--..__....... $2.25 (County of residence of licensee)
TUESDAY, MARCH 2, 1965
1433
"(d) Yearly for hunting with bow and arrow (Statewide) ____----_--__.___._____.-------- $3.25
"FISHING.
"(a) Yearly for fishing __--__----_--------__..._.._. $1.25 (County of residence of licensee)
"(b) Yearly for fishing (Statewide) -----._------___. $2.25
"COMBINATION LICENSES.
"(a) Combination hunting and fishing license-------- $3.25 (County of residence of licensee)
"(b) Combination hunting and fishing license-_--_---- $5.25 (Statewide)
"Such annual licenses issued by the Commission shall bear the date of April first of the year in which issued and shall expire on March thirty-first of the following year."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read:
Mr. Sweat of Ware moves to amend substitute to HB 384 as follows:
By adding after the word "county of resident of license" in Section 31 wherever they appear, the words "or adjoining county of residence of license".
On the adoption of the amendment to the substitute, the roll call was ordered as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Beck Blair Bowen Branch Brinkley Chandler Coker, G., Dr. Collins, M.
Conger Dean DeLoach Dixon Dollar Dorminy Duncan, V. W. Etheridge Floyd Flynt
Griffis
Harrington Harris, J. F.
Harris, R. W. Henderson Herndon Holder Houston Irvin Jessup Johnson, Dr. A. S.
1434
JOURNAL OF THE HOUSE,
Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Knight, W. D. Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Lowrey Marshall, A. M. Mauldin McClelland McDaniell McRae Merritt Milhollin Minge
Mitchell Mixon Moate Moore, Don C. Moses Nessmith, P. Oglesby Otwell Overby Pafford Peterson Phillips, L. L. Pope Poss Reaves Roberts Rogers, Jimmie Boss Rush
Shuman Simmons Simpson Smith, A. B. Smith, V. T. Snow Spillers Story Sweat Tabb Thomas Thomason Tucker, Ray M. Vaughn, C. R. Walker Wells Wiggins Williams, G. J. Wright
Those voting in the negative were Messrs.:
Arnsdorff Bagby Black Blalock Bolton Bowen, J. 0. Bynum Collins, J. F. Colwell Crowe Davis DeVane Dickinson Doster, N. B. Duncan, A. C. Dunwody Evans Farrar Fulford Gary Grahl Harris, J. R. Hudgins
Hull Hutchinson Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Looper Lovett Luke Maddox Matthews, C. Mauney McKemie Moore, J. H. Newton, A. S. Newton, D. L. Odom Parker
Perry Phillips, G. S. Potts Richardson Rowland Russell Savage Sewell Shea Simkins Smith, Chas. C. Smith, E. B., Jr. Spikes Stalnaker Steis Tidwell Underwood Vaughan, D. N. Watkins Watson White Williams, W. M.
Those not voting were Messrs.:
Acree Balkcom Ballard Barber Bedgood
Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Byrd Caldwell Carr
Clark, J. T. Clarke, H. G. Coker, R. Conner Dailey Griffin Hale Hall Harrell Howell Jones, C. M. Jones, F. C.
TUESDAY, MARCH 2, 1965
Matthews, D. R. McCracken Melton Murphy NeSmith, J. D. Page Paris Pickard Rainey Reid Rhodes Rodgers, H. B.
1435
Roper Singer Smith, G. L. II Smith, J. R. Strickland Tucker, J. B. Ware, J. C. Wilson Woodward Mr. Speaker
On the adoption of the amendment to the substitute, the ayes were 88, nays 67.
The amendment was adopted.
Mr. Richardson of Chatham offered an amendment to the Substitute which was lost.
The following amendment was read:
Mr. Milhollin of Coffee moves to amend the Substitute to HB 384 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following: "to provide for fishing licenses for saltwater rivers and streams of Georgia".
By redesignating Section 3 as Section 4 and by adding a new Section designated Section 3 to read as follows:
"Section 3. Said Act is further amended by adding a new Section to be designated "31 A" to read as follows:
"31A. All fishing licenses provided for herein shall be applica ble to both saltwater and freshwater fishermen; provided, however, such licenses shall not be required for saltwater fishermen fishing in waters along the Atlantic coast of Georgia. It is the intent of this Section that fishing licenses shall be required for saltwater fishing in all saltwater rivers and streams of Georgia, but not to fishing in the Atlantic Ocean'."
1436
JOURNAL OF THE HOUSE,
On the adoption of the amendment to the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Arnsdorff Beck
Bowen, J. O. Branch Brown, Gene Caldwell Chandler
Collins, M. Dorminy Farrar Floyd Gary Harrington Harris, J. R. Holder
Houston Irvin Jessup Knight, D. W. Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lovett Mauldin Mauney Milhollin Mitchell Mixon
Moore, Don C. Moore, J. H.
Moses Murphy Newton, A. S. Oglesby Pafford Page Parker Phillips, L. L. Potts Rodgers Rowland Savage Simkins Simmons Simpson Wiggins Williams, G. J.
Those voting in the negative were Messrs.:
Bagby Baikcom Bedgood Black Blair Blalock Bolton Brackin Bynum Carr Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Crowe Dailey Deloach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Fulford Grahl
Harrell Harris, J. F. Harris, R. W. Herndon Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Laite Lambert Lee, F. S. Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. McClelland McCracken McKemie McRae Merritt
Moate NeSmith, J. D. Newton, D. L. Odom Otwell Overby Perry Peterson Phillips, G. S. Pope Reaves Richardson Rogers, Jimmie Ross Rush Russell Sewell Shea Shuman Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis
Story Sweat Thomas Thomason Tidwell
TUESDAY, MARCH 2, 1965
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker
1437
Watkins Watson White Williams, W. M. Wright
Those not voting were Messrs.:
Anderson Ballard Barber Bowen, R. L. Brantley, H. L. Brinkley, J. T. Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Clark, J. T. Clarke, H. G. Conner Davis Dean Etheridge Flynt
Griffin Griffis Hale Hall Henderson Howell Hull Jones, F. C. Lowery Matthews, D. R. McDaniell Melton Minge Nessmith, H. P. Paris Pickard Poss Rainey
Reid Rhodes Roberts Roper Singer Smith, G. L. II Smith, V. T. Snow Strickland Tabb Tucker, J. B. Ware Wells Wilson Woodward Mr. Speaker
On the adoption of the amendment to the substitute, the ayes were 52, nays 100.
The amendment was lost.
Mr. Dorminy of Ben Hill offered an amendment to the substitute which was read and lost.
On the adoption of the substitute as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Arnsdorff Bagby Barber
Bedgood Blair
Bowen, J. O. Brackin Brinkley Brooks, Wilson
Busbee Bynum
Coker, G., Dr. Coker, R. Collins, J. F. Colwell, C.
Dailey Dean
1438
JOURNAL OF THE HOUSE,
Deloach DeVane Dickinson Dixon Doster Duncan, V. W. Dunwody Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W.
Laite
Lambert Lane Lewis, P. B. Lowrey Maddox Matthews, C. Matthews, D. R. McClelland McKemie Merritt Minge Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Parker Perry Peterson Phillips, L. L. Pope Reaves
Reid Roberts Roper Rowland Savage Sinikins Simmons Simpson Smith, A. B. Snow Spikes Stalnaker Steis Sweat Tabb Tidwell Underwood Watkins Wells White Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Alien Anderson Balkcom Ballard Black Branch Brown, Gene Chandler Conger Conner Crowe Davis Dollar Dorminy Duncan, A. C. Evans Floyd Flynt Fulford Gary Griffin Griffis Harrell Harrington
Harris, J. F. Herndon Holder Irvin Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Luke Marshall Mauldin Mauney McCracken McRae Milhollin Mitchell Mixon Moate Moore, Don C.
Otwell Phillips Poss Potts Richardson Rodgers, H. B. Rogers, Jimmie Ross Rush Russell Shea Shuman Smith, Chas. C. Smith, E. B., Jr.
Smith, J. R. Spillers Story Thomas Thomason Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watson
TUESDAY, MARCH 2, 1965
Those not voting were Messrs.:
Acree Beck Blalock Bolton Bowen, R. L. Brantley Brooks, Geo. B. Brown, M. P. Byrd Caldwell Carr Clark, J. T. Clarke, H. G.
Collins, M. Hale Hall Hull Jessup Jones, C. M. Jones. F. C. Melton Nessmith, P. Pafford Page Paris Pickard
1439
Rainey Rhodes Sewell Singer Smith, G. L. II Smith, V. T. Strickland Tucker, J. B. Walker Ware Wilson Woodward Mr. Speaker
On the adoption of the substitute as amended, the ayes were 95, nays 70. 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 wa,s ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Bagby Barber Bedgood Blair Blalock Bolton Bowen, J. 0. Brantley Brinkley Bynum Coker, G., Dr. Coker, R. Collins, J. P. Crowe Dailey Dean Deloach DeVane Dickinson Dixon
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Grahl Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hull Hutchinson Johnson, Dr., A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly
Knight, D. W. Laite Lambert Lane Lewis, P. B. Matthews, C. Matthews, D. R. McClelland McDaniell McKemie Merritt Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
1440
Overby Parker Perry Peterson Phillips. L. L. Pope Reaves Rogers, Jimmie Roper Rowland
JOURNAL OP THE HOUSE,
Savage Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Snow Steis Sweat Thomason
Tidwell Underwood Watkins Wells White Wiggins Williams, G. J. Williams, W.M.
Those voting in the negative were Messrs.:
Abney Alien Anderson Ballard Beck Black Branch Chandler Conger Conner Davis Dollar Dorminy Evans Floyd Flynt
Gary Griffin Griffis Harrell Harrington Harris, J. F.
Herndon Holder Irvin Jessup Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Luke Marshall Mauldin Mauney McCracken McRae Milhollin Mitchell Mixon Moate
Moore, Don C. NeSmith, J. D. Otwell Pafford Phillips, G. S. Poss Potts Richardson Rodgers, H. B. Rush Russell Shuman Smith, Chas. C. Smith, J.R. Spillers Story Tabb Vaughn, C. R. Vaughan, D. N. Watson Wilson Wright
Those not voting were Messrs.:
Acree Balkcom Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Collins, M. Colwell Doster
Fulford Hale Hall Jones, C. M. Jones, F. C. Lowrey Maddox Melton Minge Page Paris Pickard
Rainey Reid Rhodes Roberts Ross
Sewell Shea Singer Smith, G. L. II Smith, V. T. Spikes Stalnaker Strickland Thomas Tucker, J. B. Tucker, Ray M. Walker Ware Woodward Mr. Speaker
TUESDAY, MARCH 2, 1965
1441
On the passage of the Bill, by substitute as amended, the ayes were 89, nays 66.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Hull of Richmond 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 384.
Messrs. Roberts of Jones, Caldwell of Upson and Woodward of Butts stated that they were called from the Hall of the House at the time the roll was called but had they been present they would have voted "Nay" on HB 384.
Mr. Carr of Washington 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 384.
HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and others:
A Bill to be entitled an Act to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned, and for other purposes.
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 Arnsdorff Bagby Balkcom Ballard
Barber Beck
Bedgood Black Blalock Bowen, J. O. Brinkley Busbee Bynum
Caldwell Carr
Chandler Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe
Dailey DeVane
1442
JOURNAL OP THE HOUSE,
Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Parrar Ployd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Holder Houston Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, W. J. (Bill) Leonard
Lewis, E. B. Lewis, P. B. Looper Lovett Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McKemie McRae Mixon Moate Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reaves Reid
Richardson Rogers, Jimmie Ross Rowland Rush Russell Shea Shunian Simkins Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomas Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.
Savage
Tidwell
Those not voting were Messrs.:
Alien Blair Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson
Brown, Gene Brown, M. P. Byrd Clark, J. T. Clarke, H. G. Conger Conner Davis Dean
DeLoach Dollar Flynt Hale Hall Harris, R. W. Henderson Herndon Hudgins
Hull Irvin Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lane Lee, F. S. Lee, G. B. Lowrey Maddox McDaniell Melton Merritt
TUESDAY, MARCH 2, 1965
Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Newton, D. L. Perry Pickard Potts Rainey Rhodes Roberts Rodgers, H. B. Roper
1443
Sewell Simmons Simpson Singer Smith, A. B. Smith, G. L. II Tabb Thomason Tucker, J. B. White Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 133, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Pope of Cherokee asked unanimous consent that the following Bill of the House be removed from the Table:
HB 341. By Mr. Pope of Cherokee: A Bill to be entitled an Act to provide that it shall be unlawful for two or more persons to conspire to commit certain offenses relating to the sale, manufacture, possession, and transportation of alcoholic beverages, and for other purposes.
The consent was granted and HB 341 was removed from the Table.
Under the General Order of Business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 22. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend an Act establishing the Teachers Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees, and for other purposes.
The following substitute was read and adopted:
A BILL To be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State
1444
JOURNAL OF THE HOUSE,
Public Schools; and other State Supported Schools; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for two additional members on the Board of Trustees of the Teachers Retirement System of Georgia; to provide for the designation, appointment and terms of office of such members; to provide that the successor to the member of the Board of Trustees of the Teachers Retirement System of Georgia, who is an employee of the Board of Regents of the University System of Georgia, shall be appointed by the Board of Regents; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and con ditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other pur poses.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by striking from the first sentence of Subsection (2) of Section 6 between the word "of" and the word "trustees" the word "seven" and inserting in lieu thereof the word "nine"; by adding at the end of Paragraph (c) of Subsection (2) the following:
", and the Executive Secretary of the Georgia Teachers and Educa tion Association, ex-officio";
by striking from Paragraph (d) the following:
"; one member, an employee of the Board of Regents of the Uni versity System of Georgia;"
and by striking "two of the three" and inserting in lieu thereof "the two" and by striking:
", and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appointment to June 30, 1945";
by striking from Paragraph (e) between the word "The" and the word "trustee" the word "seventh" and inserting in lieu thereof the word "ninth" and by striking between the word "remaining" and the word "trustees" the word "six" and inserting in lieu thereof the word "eight" and by renumbering Paragraph (e) to Paragraph (g); by inserting a new paragraph to be known as Paragraph (e) to read as follows:
TUESDAY, MARCH 2, 1965
1445
"(e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.";
and by inserting a new paragraph to be known as Paragraph (f) to read as follows:
"(f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years.",
so that when so amended Subsection (2) of Section 6 shall read as follows:
"(2) The Board of Trustees shall consist of nine trustees as follows:
"(a) The State Auditor, ex-officio.
"(b) The State Insurance Commissioner, ex-officio.
"(c) The Secretary of the Georgia Education Association, exofficio, and the Executive Secretary of the Georgia Teachers and Education Association, ex-officio.
"(d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946.
"(e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.
"(f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years.
"(g) The ninth trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining eight trustees for a term of four years, the first such term to expire June 30, 1947."
1446
JOURNAL OF THE HOUSE,
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 103, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Messrs. Conger of Decatur, Knight of Berrien and Collins of Mitchell stated they would like to be recorded as voting "Nay" on SB 22.
Mr. Hudgins of Chattahoochee stated that he would like to be recorded as voting Aye on SB 22.
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 112. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act so as to provide for addi tional grounds and causes for the revocation or suspension of licenses to engage in the practice of dentistry in the State, and for other pur poses.
The following substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act regulating the practice of dentistry and dental hygienist, approved August 17, 1920 (Ga. Laws 1920, p. 132), as amended, particularly by an Act approved February 19, 1937 (Ga. Laws 1937, p. 627), and an Act approved February 19, 1958 (Ga. Laws 1958, p. 25), so as to provide for additional grounds and causes for the revocation or suspension of licenses to engage in the practice of dentistry in the State of Georgia after due notice and hear ing by the Board of Dental Examiners of Georgia; to repeal conflicting laws; and for other purposes.
TUESDAY, MARCH 2, 1965
1447
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act regulating the practice of dentistry and dental hygienist, approved August 17,1920 (Ga. Laws 1920, p. 132), as amended, particularly by an Act approved February 19, 1937 (Ga. Laws 1937, p. 627), and an Act approved February 19, 1958 (Ga. Laws 1958, p. 25), is hereby amended by adding a new Subsection to Section 13 to be known as Subsection (5) to read as follows:
"(5) Of having aided and abetted a laboratory owner, tech nician, dental hygienist, or any other unlicensed person, in violating any of the provisions of this Act; by such dentist authorizing or permitting the use of his name, his license or certificate, or any premises over which he has jurisdiction, for any purpose that would be in violation of any provisions of this Act; by such dentist dele gating his duties and responsibilities in the care of dental patients; by such dentist permitting any technician, hygienist, or any other unlicensed person to perform any act which would be in violation of any provisions of this Act; by such dentist accepting employ ment or engaging in any agreement or arrangement which would allow any unlicensed person to engage in any act or perform any service which would be in violation of this Act; by such dentist allowing any act to be committed or any service performed in the practice of his profession unless such act or service is under his direct, personal supervision; or knowingly performing any act which in any way assists an unlicensed person, or persons, firm, associa tion, or corporation to practice dentistry as defined in this Act."
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 Acree Alien Anderson Balkcom Ballard Barber Beck Bedgood Black
Blair Blalock Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Carr
Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis
1448
JOURNAL OF THE HOUSE,
Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Parrar Flynt Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. E. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill)
Lewis, E. B. Lewis, P. B. Looper Lovett Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Posa Potts Reaves Reid
Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Arnsdorff Bagby Bolton Bowen, R. L. Branch Brantley Brown, M. P.
Busbee Bynum Byrd Chandler Clarke, H. G. Conner Floyd
Griffis Hale Hall Hull Jessup Johnson, B. Jones, C. M.
Jones, M. Knight, D. W. Lane Lee, G. B. Leonard Lowrey Luke Melton
TUESDAY, MARCH 2, 1965
Minge Nessmith, P. Otwell Pickard Eainey Rodgers, H. B. Shuman Simmons
1449
Smith, Chas. C. Snow Spillers Story Thomason Vaughn, C. R. Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 HB 112.
HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, and others: A Bill to be entitled an Act to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement, and for other purposes.
The following substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its af fairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved January 26, 1950 (Ga. Laws 1950, p. 82), an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), an Act approved February 26, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 238), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., 373), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. Laws 1956, p. 400), an Act approved March 25, 1958 (Ga. Laws 1958, p. 690), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 392), so as to provide a reduction of the allowance which a member shall re ceive upon service retirement in the case of the retirement of such member prior to his attainment of the age 63 years; to provide for the
1450
JOURNAL OF THE HOUSE,
payment of teachers who retired on or before July 1, 1961; to provide the procedure relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Mem bership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of fi nancing said system; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, par ticularly by an Act approved January 26, 1950 (Ga. Laws 1950, p. 32), an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), an Act approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 238), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 373), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. Laws 1956, p. 400), an Act approved March 25, 1958 (Ga. Laws 1958, p. 690), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 392), is hereby amended by striking from Section 5 (2) (c) the figure "65" wherever the same appears therein and inserting in lieu thereof the figure "63", so that when so amended Section 5 (2) (c) shall read as follows:
"(c) In the case of the retirement of any member prior to his attainment of the age of 63 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 63 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death."
SECTION 2
No funds shall be expended or paid under the provisions of Section 1 of this Act until such time as House Bill 1115 of the 1962 session, as changed by SB 164 of the 1963 session, relative to providing a minimum floor of $5.00 for each year of service up to 40 years for those members of the Teachers' Retirement System who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount.
SECTION 3
This Act shall become effective on July 1, 1965.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby re pealed.
TUESDAY, MARCH 2, 1965
1451
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 Acree Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, Gene Busbee Caldwell Can-
Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Davis Dean DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Fulford Gary Grahl Griffin
Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Mitchell
Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C.
1452
JOURNAL OF THE HOUSE,
Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker Story Strickland
Sweat Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware
Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Byrd Clarke, H. G. Conger Conner Dailey Dorminy
Etheridge Evans Floyd Flynt Griffis Hale Hall Jessup Johnson, B. Jones, C. M. Jones, G. Paul Knight, D. W. Lee, F. S. Lee, W. J. (Bill) Leonard Lowrey
McCracken Melton Minge Pickard Poss Rainey Rowland Shuman Simmons Smith, J. R. Steis Tabb Thomason Vaughn, C. R. Wilson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 533. By Messrs. Shea of Chatham, Fulford of Terrell and others:
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", so as to provide that municipalities and counties shall have the authority to require every person, firm or corporation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount 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 roll call was ordered and the vote was as follows:
TUESDAY, MARCH 2, 1965
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Bagby Balkcom Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Busbee Bynum Byrd Caldwell Carr Clarke, J. T. Coker, G., Dr. Coker, R. Colwell Conger Crowe Dailey Davis Dean DeVane Dollar Duncan, A. C. Dunwody Etheridge Evans Farrar Fulford Gary Grahl Griffin Griffis
Harrell Harris, J. R. Harris, R. W. Herndon Holder Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauney McClelland McCracken McKemie McRae Merritt Milhollin Mitchell Moate Moore, J. H. Moses Newton, A. S. Odom Oglesby Overby
1453
Parker Perry Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Sewell Shea Simkins Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Spillers Stalnaker Steis Thomas Tucker, J. B. Tucker, Ray M. Underwood Ware Watkins Watson White Wiggins Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Ballard Barber Beck DeLoach Dickinson Dorminy
Harris, J. F. Henderson Lee, G. B. Mixon Murphy Pafford
Peterson Savage Tidwell Vaughan, D. N.
Williams, G. J.
1454
JOUENAL OP THE HOUSE,
Those not voting were Messrs.:
Alien Blalock Bowen, J. 0. Branch Brooks, Geo. B. Brown, M. P. Chandler Clarke, H. G. Collins, J. F. Collins, M. Conner Dixon Doster Duncan, V. W. Floyd Flynt Hale Hall Harrington Irvin Jessup
Johnson, B. Jones, F. C. Jordan, Ben C. Kelly Knight, D. W. Lane Lee, F. S. Looper Matthews, D. R. Mauldin McDaniell Melton Minge Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, D. L. Otwell Page Paris Pickard
Poss Reaves Rhodes Rush Shuman Simmons Singer Smith, J. R. Smith, V. T. Story Strickland Sweat Tabb Thomason Vaughn, C. R. Walker Wells Wilson Mr. Speaker
On the passage of the Bill, the ages were 127, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Byrd of Walton stated that he would like to be recorded as voting "No" on the passage of HB 533.
HB 497. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to be entitled an Act to designate the Georgia Institute of Tech nology as the State Agency for the establishing and operation of a center to conduct water resources research, and to make findings and recommendations, and for other purposes.
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
Arnsdorff Balkcom Ballard
Barber Beck Bedgood
Black Blair Blalock Bowen, J. O. Bowen, R. L. Brantley Brinkley Brooks, Geo. B. Brown, Gene Busbee Byrd Caldwell Carr Chandler Coker, G., Dr. Collins, M. Colwell Conner Crowe Dailey Dean DeLoach Doster Duncan, A. C. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington Henderson Herndon Holder Houston Hudgins Hutchinson
TUESDAY, MARCH 2, 1965
Irvin Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McKemie Merritt Milhollin Mixon Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker
1455
Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer
Smiifth<,-aCh'aas.' C.
Smith, G. L. II Smith, V. T. Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Tucker, Ray M. Underwood Walker Ware Watkins Watson Wiggins Williams, G. J.
Those not voting were Messrs.:
Alien Bagby Bolton Brackin Branch Brooks, Wilson Brown, M. P. Bynum Clark, J. T.
Clarke, H. G. Coker, R. Collins, J. F. Conger Davis DeVane Dickinson Dixon Dollar
Dorminy Duncan, V. W. Etheridge Evans Hale Hall Harris, J. F. Harris, J. R. Harris, R. W.
1456
JOURNAL OF THE HOUSE,
Howell Hull Jessup Johnson, Dr. A. S. Jones, C. M. Jordan, Ben C. Kelly Knight, D. W. Lane Lee, F. S. Leonard Lovett Lowrey McDaniell McRae
Melton Minge Mitchell Moate NeSmith, J. D. Newton, D. L. Pickard Potts Rainey Reaves Rhodes Rowland Shuman Simmons Smith, A. B.
Smith, J. R. Snow Story Thomason Tidwell Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Wells White Williams, W. M. Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
WEDNESDAY, MARCH 3, 1965
1457
Representative Hall, Atlanta, Georgia Wednesday, March 3, 1965
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 Rev. William Byington, Pastor, 1st Methodist Church, Madison, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day has 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 Wednesday, March
3, 1965, and submits the following:
1458
JOURNAL OF THE HOUSE,
HB 556. Appellate Court Procedure HB 367. House of Representatives, Apportionment.
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding
Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committee:
HB 646. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend Section 84-1031 of the Code of Georgia to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; and for other purposes.
Referred to the Committee on Appropriations.
HB 647. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize full-time tax as sessors and employees thereof in counties which have conducted a prop erty valuation and tax equalization program to become members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Appropriations.
HB 648. By Mr. Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State, so as to require from each municipality an accounting of the expenditure of those funds distributed to them; and for other purposes.
Referred to the Committee on Judiciary.
HR 234-648. By Messrs. Lowrey of Ployd, Newton of Colquitt and Milhollin of Coffee:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to enact legislation classifying certain lands used for growing of timber, farm products and other agricultural and horticultural products into such class or classes of property as it may
WEDNESDAY, MARCH 3, 1965
1459
deem necessary for ad valorem property tax purposes and to provide for an alternative and exclusive method or methods of taxing such products; and for other purposes.
Referred to the Committee on Judiciary.
HB 649. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Section 92-4105 relating to the exemption of certain salesmen and merchants from municipal taxa tion, so as to remove therefrom those provisions which provide that said exemptions shall not apply to certain counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 650. By Messrs. Newton of Colquitt and Milhollin of Coffee:
A Bill to be entitled an Act to provide that any person whose business is the commercial application of insecticides, fungicides, or herbicides either by aircraft or ground equipment shall be required to be licensed by the Commissioner of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.
HB 651. By Mr. Underwood of Taylor: A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Taylor County, known as the fee 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 614. By Messrs. Bagby of Paulding, Murphy of Haralson, Williams of Hall and Bynum of Rabun:
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 notwith standing the provisions of any written or oral contract, the seller of any motor vehicle to be used upon the public streets, roads and high ways of this State warrant that said motor vehicle is equipped and in such condition that it will be approved when inspected pursuant to any inspection laws; and for other purposes.
HB 615. By Messrs. Bagby of Paulding, Murphy of Haralson, Paris of Barrow, Floyd of Chattooga, Williams of Hall, Bynum of Rabun and Matthews of Colquitt:
A Bill to be entitled an Act to provide that after a certain date, all vehicle tires manufactured, sold or distributed in this State shall have
1460
JOURNAL OP THE HOUSE,
the date of manufacture, recapping or otherwise processing of said vehicle tires and a serial number stamped thereon in raised letters; and for other purposes.
HB 616. By Messrs. Bagby of Paulding, Murphy of Haralson, Floyd of Chattooga, Mixon of Irwin, Odom of Dougherty and others:
A Bill to be entitled an Act to provide a tax on transfers of stock and other corporate certificates; and for other purposes.
HB 617. By Messrs. Murphy of Haralson, Williams of Hall, Bynum of Rabun, Grahl of Peach, Odom and Hutchinson of Dougherty:
A Bill to be entitled an Act to limit and abate deficiency judgments in causes of action arising from contracts, bills of sale to secure a debt, conditional sales contracts or any other agreements on personal property containing powers of sale; and for other purposes.
HB 618. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; and for other purposes.
HB 619. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes.
HB 620. By Messrs. Underwood of Taylor and NeSmith of Meriwether:
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", so as to provide that certain counties shall be authorized to legalize and control alcoholic beverages and liquors without the necessity of an election; and for other purposes.
HB 621. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis and in lieu of a fee basis, so as to change the compensation of the ordinary; and for other pur poses.
WEDNESDAY, MARCH 3, 1965
1461
HB 622. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
HB 623. By Messrs. Brooks, Etheridge and McClelland 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 of said Circuit, so as to fix the compen sation of the Solicitor-General of said Circuit; and for other purposes.
HB 624. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Cordele, so as to authorize the governing authority to convey any interest in real property owned by the city under certain circumstances; and for other purposes.
HB 625. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law", so as to provide for refunds of motor fuel tax to any county, municipalities and public school system of the State of Georgia paid on motor fuel purchased in certain quantities for school bus transportation or other educational purposes; and for other purposes.
HB 626. By Messrs. Bagby of Paulding, Williams of Hall, Lane of Bulloch and Odom of Dougherty:
A Bill to be entitled an Act creating a tax on all persons selling or issuing and redeeming trading stamps; and for other purposes.
HB 627. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to provide that the Sheriff of Ben Hill County, Georgia, shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
HR 226-627. By Messrs. Brooks of Oglethorpe, Bedgood and Matthews of Clarke:
A Resolution proposing an amendment to the Constitution to alter the basis of representation in the House of Representatives, to authorize the General Assembly to determine the number of representatives in the House within specified limits and to apportion the representatives among political subdivisions on an equitable basis; and for other pur poses.
1462
JOURNAL OF THE HOUSE,
HB 628. By Messrs. Busbee of Dougherty and Walker of Lowndes:
A Bill to be entitled an Act to amend Code Title 58-7 (Malt Beverages), so as to provide for an alternative method of reporting and paying tax on the sale of malt beverages within this State, and said alternative to be at the discretion of the Commissioner of the Department of Revenue; and for other purposes.
HB 629. By Messrs. Hutchinson of Dougherty and Lewis of Burke:
A Bill to be entitled an Act to provide that drivers of ambulances shall be required to have taken a course in emergency first aid; and for other purposes.
HB 630. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff, Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.
HB 631. By Mr. Smith of Grady:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Grady County, known as the fee system; and for other purposes.
HB 632. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the County of Grady, so as to define the manner of fixing the salary of the Chairman of said board; and for other purposes.
HB 633. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act creating a new charter for the City of Leesburg, so as to change the terms of office of the mayor and give councilmen elected for said City; and for other purposes.
HB 634. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to abolish the present method of compen sating sheriffs in certain counties known as the fee system; and for other purposes.
WEDNESDAY, MARCH 3, 1965
1463
HB 635. By Mr. McRae of Talbot:
A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to provide for the closing of a certain street in said city; and for other purposes.
HB 636. By Messrs. Lowrey and Minge of Ployd:
A Bill to be entitled an Act to amend an Act repealing an Act entitled "An Act to provide uniformity in the compensation of boards of com missioners of roads and revenues in Floyd County," so as to change the percentage of the contract price which the board shall be authorized to pay to a contractor before completion of the contract; and for other purposes.
HB 637. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to change the hours for which the polls shall remain open for municipal elections; and for other purposes.
HB 638. By Messrs. Murphy of Haralson and Moore of Polk:
A Bill to be entitled an Act to provide for supplemental appropriations for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the purposes provided for herein, in the event the revenue of the State exceeds the estimated revenue; and for other pur poses.
HB 639. By Mr. Tabb of Miller:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Miller County, known as the fee system; and for other purposes.
HB 640. By Messrs. Lambert of Morgan and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act creating a retirement fund to be known, cited and referred to as the "Sheriff's Retirement Fund of Georgia", so as to provide credit for prior or past service or services for certain persons; and for other purposes.
HR 233-640. By Messrs. Chandler and Harrington of Baldwin:
A Resolution authorizing the conveyance of certain land in Baldwin County; and for other purposes.
1464
JOURNAL OF THE HOUSE,
HB 641. By Messrs. Harris and Vaughn of Bartow, Mitchell of Whitfield and Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require any owner who sells or in any manner transfers or disposes of a vehicle as wreckage or salvage, to mail or deliver the certificate of title to the Commissioner, along with the manufacturer's serial plate from said vehicle; and for other purposes.
HB 642. By Messrs. Strickland of Evans, Brantley of Candler and Jordan of Calhoun:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, when such equipment is being operated upon a public road or highway during daylight hours; and for other purposes.
HB 643. By Messrs. Peterson and Stalnaker of Houston:
A Bill to be entitled an Act to create in and for the County of Houston the City Court of Warner Robins; and for other purposes.
HB 644. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 8-109, relating to affidavit, necessity for and by whom made in cases of attachment, so as to change the provisions relating to the person before whom such affidavits shall be made; and for other purposes.
HB 645. By Mr. Conger of Decatur:
A Bill to be entitled an Act to clarify the procedure in garnishment and garnishment in attachment cases, so as to conform it, insofar as possible, to the procedure prevailing in ordinary civil cases; and for other purposes.
SR 49. By Senator Kidd of the 25th:
A Resolution requesting the Secretary of Health, Education and Welfare to make changes in certain regulations; and for other purposes.
SB 72. By Senators Edenfield of the 4th and Kilpatrick of the 44th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of solicitor-general emeritus", so as to
WEDNESDAY, MARCH 3, 1965
1465
provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said Act; and for other purposes.
SB 82. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend Code Section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which bail is required; and for other purposes.
SB 91. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to change the provisions relative to the time limita tions on filing notices of claims and the introduction of resolutions; and for other purposes.
Mr. Conger of Decatur 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 433. Do Pass. HB 468. Do Pass. SB 55. Do Pass. SB 100. Do Pass. SB 113. Do Pass.
Respectfully submitted, Conger of Decatur Chairman.
Mr. Harris of DeKalb County Vice 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:
HR 226-627. Do Pass as Amended. SB 72. Do Pass.
1466
JOURNAL OF THE HOUSE,
Respectfully submitted, Harris of DeKalb Vice-Chairman.
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following' report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 420. Do Pass by Substitute.
Respectfully submitted, Tucker of Catoosa.
Chairman.
Mr. Tucker of Catoosa 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 602. Do Pass as Amended. HB 622. Do Pass as Amended. HB 608. Do Pass as Amended. HB 624. Do Pass as Amended. HB 643. Do Pass as Amended. SB 114. Do Pass. SB 126. Do Pass. HB 594. Do Pass. HB 595. Do Pass. HB 597. Do Pass. HB 598. Do Pass. HB 603. Do Pass. HB 604. Do Pass. HB 605. Do Pass.
WEDNESDAY, MARCH 3, 1965
1467
HB 606. Do Pass. HB 607. Do Pass. HB 609. Do Pass. HB 610. Do Pass. HB 611. Do Pass. HB 612. Do Pass. HB 613. Do Pass. HB 619. Do Pass. HB 621. Do Pass. HB 623. Do Pass. HB 627. Do Pass. HB 630. Do Pass. HB 631. Do Pass. HB 632. Do Pass. HB 634. Do Pass. HB 635. Do Pass. HB 636. Do Pass. HB 637. Do Pass. HB 639. Do Pass.
Respectfully submitted, Tucker of Catoosa Chairman.
Mr. Chandler of Baldwin 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 201-485. Do Pass. HR 210-558. Do Pass. HR 211-558. Do Pass.
Respectfully submitted, Chandler of Baldwin Chairman.
1468
JOURNAL OP THE HOUSE,
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position to the following Bill of the House and re spectfully asks that a Committee of Conference be appointed:
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes.
The President has appointed on the part of the Senate as a Committee of Conference Senators Smalley of the 28th, Gayner of the 5th and Maclntyre of the 40th.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee and others: A Bill to amend Code Sec. 24-2727 relating to the fees allowed clerks of the Superior Courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes.
HB 217. By Messrs. Richardson, Shea and Sewell of Chatham: A Bill to amend Chap. 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories and for other purposes.
HB 440. By Mr. Clarke of Monroe: A Bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System;" and for other purposes.
HB 346. By Mr. Bagby of Paulding: A Bill to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes.
WEDNESDAY, MARCH 3, 1965
1469
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 43. By Mr. Hale of Dade:
A Bill to amend an Act establishing an Employee's Retirement System of Georgia approved Feb. 3, 1949, as amended, so as to provide the procedure whereby certain members of the Employee's Retirement Sys tem of Georgia may re-establish credits for prior service; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 123. By Senator Fincher of the 51st:
A Bill to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide for penalties; and for other purposes.
SB 141. By Senator Thompson of the 34th:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved Feb. 3. 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended; and for other purposes.
SR 30. By Senator Kidd of the 25th:
A Resolution requesting the Georgia delegation to the United States Congress to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent; and for other purposes.
SR 48. By Senators Wesberry of the 37th and Maclntyre of the 46th: A Resolution designating the State Choir; and for other purposes.
SR 67. By Senator Webb of the llth:
A Resolution creating the Alcoholism Study Commission; and for other purposes.
SR 64. By Senators Plunkett of the 30th and Carter of the 14th:
A Resolution to create an "Interim Scholarship Study Committee"; and for other purposes.
1470
JOURNAL OF THE HOUSE,
SB 111. By Senator Padgett of the 23rd:
A Bill to amend an Act approved March 28, 1961 (Ga. L. 1961, p. 26882698) entitled "An Act to change from the fee to the salary system in certain counties in Georgia;" so as to increase the compensation of treasurer of Richmond County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 94. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend Chap. 68-5 of the Code of Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier; and for other purposes.
HB 248. By Messrs. Rhodes of Baker, Jones of Bibb and others:
A Bill to amend Sec. 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior to the general election within which any candidate required to accompany his notice of candidacy with a nomination petition must file such notice; and for other purposes.
HR 11-8. By Messrs. Simpson of Wheeler and Smith of Telfair:
A Resolution authorizing the conveyance to Wheeler and Telfair Counties of a certain tract of state-owned property; and for other purposes.
HR 101-133. By Messrs. Brooks of Pulton and Harris of DeKalb:
A Resolution authorizing the painting of a portrait of Mary Givins Bryan, former Archivist of the State of Georgia; and for other purposes.
HR 106-135 By Mr. Smith of Telfair:
A Resolution authorizing the conveyance of a certain tract of state-owned property located in Telfair County; and for other purposes.
HR 110-139. By Mrs. Merritt and Mr. Blair of Sumter:
A Resolution authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes.
WEDNESDAY, MARCH 3, 1965
1471
HR 123-192. By Mr. Rush of Tattnall:
A Resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell Bridge; and for other purposes.
HR 143-247. By Messrs. Etheridge and Brooks of Fulton:
A Resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes.
HR 175. By Messrs. McDaniell, Duncan and Jordan of Cobb and others:
A Resolution urging the construction of an underpass just north of the Lockheed Georgia Aircraft Corporation at the intersection of South Cobb Drive (Ga. Highway 280) and Fairgrounds Street in Cobb County, Marietta, Georgia; and other purposes.
HR 183-418. By Mr. McClelland of Fulton:
A Resolution authorizing the conveyance of a certain tract of state-owned property; and for other purposes.
HR 192-454. By Mr. Paris of Barrow:
A Resolution authorizing the Governor to convey to the City of Winder an easement for the purpose of operating sewer lines, over and through property owned by the State and operated as part of Fort Yargo State Park; and for other purposes.
HR 196. By Messrs. Brown of Bacon, Floyd of Chattooga and others:
A Resolution commending Honorable Alfred W. Tate, Manager of the Regional Office of the Veterans Administration in Atlanta, Georgia; and for other purposes.
HR 200. By Mr. Bolton of Spalding: A Resolution urging the renunciation of the Warsaw Convention; and for other purposes.
HR 228. By Messrs. Smith of Emanuel and Matthews of Clarke: A Resolution expressing regrets at the passing of Bill Mundy; and for other purposes.
HB 21. By Mr. Woodward of Butts: A Bill to amend an Act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen; and for other purposes.
1472
JOURNAL OF THE HOUSE,
HB 119. By Mr. Black of Webster:
A Bill to place the sheriff of Webster County upon an annual salary; and for other purposes.
HB 172. By Mr. Pulford of Terrell:
A Bill to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connection therewith; and for other purposes.
HB 203. By Mr. Balkcom of Quitman:
A Bill to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County; and for other purposes.
HB 213. By Mr. Johnson of Elbert:
A Bill to amend an Act entitled "An Act to provide a Board of Com missioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes.
HB 264. By Messrs. Harris and Smith of Glynn:
A Bill to amend an Act to consolidate and regulate public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes.
HB 276. By Messrs. Ballard and Spillers of Newton:
A Bill to amend an Act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensa tion of the chief deputy; and for other purposes.
HB 277. By Mr. Hudgins of Chattahoochee:
A Bill to amend an Act creating a Board of Commissioners of Eoads and Revenues of Chattahoochee County, so as to change the compen sation of the clerk; and for other purposes.
HB 316. By Mr. Otwell of Forsyth:
A Bill to amend an Act changing the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensation of the Sheriff; and for other purposes.
WEDNESDAY, MARCH 3, 1965
1473
HB 317. By Mr. Otwell of Forsyth:
A Bill to amend an Act creating a Charter for the City of Gumming, so as to provide for permanent registration under certain circumstances; and for other purposes.
HB 318. By Mr. Otwell of Forsyth:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to remove the provisions re lative to per diem for attendance at special meetings; to provide for an expense allowance; and for other purposes.
HB 324. By Messrs. Ballard and Spillers of Newton:
A Bill to amend an Act providing a board of directors and a commis sioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes.
HB 353. By Messrs. McClelland, Brooks, and Etheridge of Fulton:
A Bill to abolish the office of Coroner of Fulton County; to create the office of Medical Examiner; and for other purposes.
HB 364. By Messrs. Matthews and Newton of Colquitt: A Bill to amend an Act creating the City court of Colquitt County, so as to change the amount of the bond of the Clerk of said Court; and for other purposes.
HB 365. By Messrs. Matthews and Newton of Colquitt: A Bill to amend an Act placing the County Officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes.
HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb: A Bill to abolish the office of Treasurer of Cobb County; to provide that the Cobb County Comptroller shall perform the duties of said Treasurer; and for other purposes.
HB 382. By Mr. Reaves of Brooks: A Bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners; and for other purposes.
1474
JOURNAL OF THE HOUSE,
HB 390. By Messrs. Matthews and Newton of Colquitt:
A Bill to amend the Act creating a Small Claims Court in Colquitt County and all other counties with population of not less than 33,300 nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Courts; and for other purposes.
HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to provide that the Chairman of the Board of Com missioners of Roads and Revenues of Cobb County shall be a member and Chairman of such Authority; and for other purposes.
HB 397. By Messrs. Farrar, Harris and Bowen of DeKalb: A Bill to amend an Act approved Feb. 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said court; and for other purposes.
HB 398. By Mr. Leonard of Murray: A Bill to amend an Act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes.
HB 400. By Messrs. Mitehell and Smith of Whitfield: A Bill to amend an Act entitled "An Act to amend the charter of the City of Dalton, so as to formulate a schedule of personnel organization for the police and fire departments of the city of Dalton; and for other purposes.
HB 409. By Mr. Matthews of Colquitt: A Bill to amend an Act creating a Board of Commissioners of Colquitt County, so as to change the amount of the bond of the chairman of the Board of Commissioners; and for other purposes,
HB 410. By Mr. McCracken of Jefferson: A Bill to abolish the present mode of compensating the sheriff of Jefferson County; and for other purposes.
HB 411. By Mr. McCracken of Jefferson: A Bill to repeal an Act entitled "An Act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or hereafter provided by the general laws of the State; and for other purposes.
WEDNESDAY, MARCH 3, 1965
1475
HB 412. By Mr. McCracken of Jefferson:
A Bill to amend an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County", so as to provide the maximum compensation that may be fixed by said Board for the member of said Board who is the Chairman thereof; and for other purposes.
HB 419. By Messrs. Matthews and Bedgood of Clarke:
A Bill to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the Mayor and Council, and the various departments thereof; and for other purposes.
HB 435. By Messrs. Laite, Dunwody and Jones of Bibb:
A Bill to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the corporate limits of said City; and for other purposes.
HB 436. By Messrs. Newton and Matthews of Colquitt:
A Bill to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes.
HB 458. By Mr. Balkcom of Quitman:
A Bill to place the sheriff of Quitman County upon an annual salary; and for other purposes.
HB 476. By Mr. Reaves of Brooks:
A Bill to amend the charter of the City of Quitman, so as to reduce the number of City Commissioners from five to three; and for other purposes.
HB 477. By Mr. Reaves of Brooks:
A Bill to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes.
1476
JOURNAL OP THE HOUSE,
HB 483. By Mr. Russell of Thomas:
A Bill to provide for the creation of fire protection districts in Thomas County outside the corporate limits of any municipality therein; and for other purposes.
HR 28-43. By Mr. Hale of Dade: A Resolution authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes.
HR 164. By Mr. Rowland of Johnson: A Resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the hoard of education of Johnson County; and for other purposes.
Mr. Hull of Richmond moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 384. By Messrs. Bowen of DeKalb and Coker of Cherokee: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to increase certain licenses, 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.:
Arnsdorff Bagby Balkcom Bedgood Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum
Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe DeVane Dickinson Dixon Duncan, V. W. Dunwody Farrar
Fulford Gary Grahl Harrell Harris, J. R. Harris, R. W. Henderson Holder Howell Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C.
WEDNESDAY, MARCH 3, 1965
1477
Jones, G. Paul Jordan, Ben C. Kelly Laite Lambert Lane Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Maddox Matthews, C. McClelland McCracken McDaniell McKemie McRae Minge
Moate Moore, J. H. Moses Murphy Newton, A. S. Newton, D. L. Odom, C. H. Overby Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss Rainey Rhodes Richardson Rodgers, H. B.
Savage Sewell Shea Simkins Simpson Smith, E. B., Jr. Snow Spikes Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Wells White Wiggins Williams, W. M.
Those voting in the negative were Messrs.:
Alien Anderson Brown, Gene Da vis Dorminy Evans Griffis Harris, J. F. Herndon Houston
Irvin Knight, W. D. Lewis, E. B. Luke Marshall Mauldin Milhollin Mixon Moore, Don C. Potts
Rogers, Jimmie Ross Rush Tabb Thomas Tucker, Ray M. Vaughan, D. N. Williams, G. J. Wright
Those not voting were Messrs.:
Abney Acree Ballard Barber Beck Black Bolton Branch Brown, M. P. Caldwell Chandler Colwell Conger Conner Dailey Dean DeLoach Dollar Doster
Duncan, A. C. Etheridge Floyd Plynt Griffin Hale Hall Harrington Hudgins Jessup Jones, M. Jordan, W. H. Knight, D. W. Lee, F. S. Lee, G. B. Leonard Looper Matthews, D. R. Mauney
Melton Merritt Mitchell NeSmith, J. D. Nessmith, P. Oglesby Otwell Pafford Page Paris Perry Pickard Reaves Reid Roberts Roper Rowland Russell Shuman
1478
Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T.
JOURNAL OP THE HOUSE,
Spillers Stalnaker Steis Story Strickland Sweat Walker
Ware Watkins Watson Wilson Woodward Mr. Speaker
On the motion to reconsider, the ayes were 98, nays 29.
The House has reconsidered and HB 384 was placed at the foot of the cal endar.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 570. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 571. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Tift County, known as the fee system, to pro vide in lieu thereof an annual salary, and for other purposes.
The report 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.
WEDNESDAY, MARCH 3, 1965
1479
The Bill, having received the requisite constitutional majority, was passed.
HB 572. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to place the Sheriff of Tift County upon an annual salary in lieu of the fee system of compensation, to provide for personnel within the sheriff's office, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 573. By Messrs. Alien and Branch of Tift: A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Tift County, known as the fee system, to provide in lieu thereof, an annual salary for such officer, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 575. By Mr. Lee of Clinch: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system, to provide that the sheriff shall be compensated on a salary basis, 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.
1480
JOURNAL OF THE HOUSE,
HB 578. By Mr. Rowland of Johnson:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation 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 579. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act establishing the City Court of Wrightsville, so as to change the compensation of the Judge, and for other purposes.
The report 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 587. By Mr. Blair and Mrs. Merritt of Sumter:
A Bill to be entitled an Act to place the Sheriff of Sumter 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.
WEDNESDAY, MARCH 3, 1965
1481
HB 590. By Mr. Poss of Madison:
A Bill to be entitled an Act to create a board of commissioners of roads and revenues of Madison County, to provide for the composition of the board, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 591. By Mr. Poss of Madison: A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Coroner of Madison County, known as the fee system, to provide in lieu thereof annual salaries for such 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 592. By Mr. Poss of Madison: A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Madison County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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.
1482
JOURNAL OP THE HOUSE,
HB 420. By Messrs. Smith of Camden, Thomas of Wayne, and others:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit, and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuits; to apportion the amount thereof among the several counties of the Circuit; to ratify and confirm previous supplements; to provide that this supplement shall be reduced by the amount of any salary increase granted by the State; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
The several counties of the Brunswick Judicial Circuit are hereby authorized and directed to further supplement the salary of the Judge of the Superior Courts of such Circuit by an additional sum of $2,000.00 per annum.
SECTION 2
The said supplement shall be apportioned among the counties com posing such Circuit so that the annual payments by each county to such Judge shall be as follows:
Glynn ,,._._._...._..,,.__________$1,060.00
Wayne ....-...........--._.-...__,,-_-_,,__.-.-.._.,,....... 360.00
Appling _._.._,,___..__.____._...._.,,,,__.,, ,,_..,,_-__- 313.50
Jeff Davis _......_._.-___
120.00
Camden ___.____.-..._._..................._.___................. 146.50
Said amounts shall be paid by the counties in equal monthly installments.
SECTION 3
The above supplement shall be in addition to the supplements pro vided for in an Act approved March 6, 1945 (Ga. Laws 1945, p. 890), and an Act approved January 28, 1960 (Ga. Laws 1960, p. 52), and the sup plements provided for in the aforesaid Acts are hereby ratified and con firmed.
WEDNESDAY, MARCH 3, 1965
1483
SECTION 4
The additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit provided herein shall be re duced by the amount of any salary increase granted by the State of Georgia during the calendar year 1965 or thereafter.
SECTION 5
The provisions of this Act shall become effective on July 1, 1965.
SECTION 6
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.
Mr. Thomas of Glynn asked unanimous consent that HB 420 be immediately transmitted to the Senate.
The consent was granted and HB 420 was ordered immediately transmitted to the Senate.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 43. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System of Georgia, so as to provide the procedure whereby certain members of the Employee's Retirement System may re-establish credits for prior service, and for other purposes.
1484
JOURNAL OF THE HOUSE,
The following Senate substitute was read. A BILL
To be entitled an Act to amend an Act establishing an employees retirement system known as the "Employees Retirement System of Georgia", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide the procedure whereby certain members of the Employees Retirement System of Georgia may reestablish credits for prior service; to provide creditable service for certain members to authorize the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representa tives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, to become members of the Employees Retirement System of Georgia; to provide for contributions; 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
An Act establishing an employees retirement system known as the "Employees Retirement System of Georgia", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding a new subsection to Section 4 to be known as Subsection (16) to read as follows:
"(16) Any current member who, having been previously a member with creditable service, and whose membership has here tofore been terminated on account or less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after five (5) years active service as a contributing member, re-establish such creditable services as he would have been eligible for had his membership not been so terminated, upon his payment into the System a sum equal to four and one-fourth (4-%%) percent interest on the total amount of his contributions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund."
SECTION 2
Said Act is further amended by adding a new subsection to Section 4 to be known as Subsection (17) to read as follows:
"(17) The head or member of any State department, commis sion or agency, who is an elective official elected in a general election by the electors of the State at large, the President of the Senate, the Speaker of the House of Representatives, the Adminis trative Head of the State Budget Bureau, the members of the State Board of Pardons and Paroles and the Director of the State
WEDNESDAY, MARCH 3, 1965
1485
Department of Veterans Service, who were in office and who are members of the System on February 1, 1965, shall be eligible for and shall receive prior service credits as now provided by law and creditable service year for year for service as a member of the General Assembly of Georgia or as an employee of the executive branch of State Government after January 1, 1953, upon compliance with the provisions of this subsection. Employer and employee contributions for such official for the period from January 1, 1953, to January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contri butions during such period had such official been receiving monthly compensation equal to the official's reported monthly earnable compensation for February 1965. Before being entitled to the prior service credits and creditable service provided herein such official shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such official had he been contributing on compensation for such service from January 1, 1953, as reflected from records in the State Audits, less mileage allowance and actual travel expenses. All remaining contributions as herein determined which would have been reported for such of ficial for such service as a member of the General Assembly or as an employee of the executive branch of State government since January I, 1953, shall be paid by the department, commission or agency in which he is serving on February 1, 1965, from funds appropriated for the operations of such department, commission or agency. Such contributions shall be paid into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees."
SECTION 3
Said Act is further amended by adding a new paragraph at the end of Subsection (7) of Section 3 to read as follows:
"Notwithstanding any other provisions of this Act or any law, the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representatives elected by the members of the House of Representatives on January II, 1965 and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, are hereby authorized to become members of the Employees Retirement System of Georgia establish ed by this Act.
"(a) In the event such Secretary or Clerk was a member of the System on January 11, 1965, beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services
1486
JOURNAL OP THE HOUSE,
rendered for that position during the last reported completed calendar year. All rights, credits, and funds of said System which are or were possessed by such Secretary or Clerk are hereby con tinued and it is the expressed intention of the General Assembly that any such Secretary or Clerk shall not lose any rights, credits or funds to which they were entitled prior to being elected and while serving as such Secretary or Clerk. Such Secretary or Clerk shall continue to be a member of the System subject to the pro visions of this paragraph.
"(b) In the event such Secretary or Clerk elected on January 11, 1965, was not a member of the System on said date, such Secre tary or Clerk shall become a member of the System by filing an ap plication with the Executive Secretary thereof on or before April 1, 1965. The Secretary or Clerk elected on January 11, 1965, upon be coming a member of the System as herein provided, if not already a member, shall be entitled to and shall receive prior service credits and creditable service as if such Secretary or Clerk was a member of the System on January 1, 1950, upon compliance with the provisions of this paragraph. Employer and employee contributions for the Secretary or Clerk elected on January 11, 1965, for the period from January 1, 1950 to January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contributions during such period had such Secretary or Clerk been receiving monthly compensation equal to one-twelfth of the total sums such Secretary or Clerk received from State funds less mileage allowances and actual travel expenses during the calendar year 1964 as reflected by State audits. Before being entitled to the prior service credits and creditable service provided herein, such Secretary or Clerk shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such Secretary or Clerk had he been a member of the System receiving monthly compensation from January 1, 1950 through December 31, 1964, as reflected from records of any city court and from State funds as reflected in the State audits less mileage allowance and actual travel expenses. The State Treasurer is hereby authorized and directed to pay all remaining contributions as herein determined which would have been reported for such Secretary or Clerk had he become a member on January 1, 1950, to December 31, 1964, from funds appropriated to or otherwise available to the legislative branch of government into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees. Eligibility for and the amount of Survivors' Benefits (Group Term Life Insurance) for such Secretary or Clerk who was not a member on January 11, 1965, shall be based upon the attained age of such person as of the effective date of his membership with the System. Beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the
WEDNESDAY, MARCH 3, 1965
1487
compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year.
"(c) All Secretaries of the Senate and all Clerks of the House of Representatives elected subsequent to January 11, 1965, shall become a member of the System upon taking office. The employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year.
"(d) The State Treasurer is hereby authorized and directed
to pay all employer contributions from funds appropriated to or
otherwise made available to the legislative branch of government."
SECTION 4
Said Act is further amended by adding a new subsection to Section 4 to be known as Subsection (18) to read as follows:
"(18) The provisions of this Act or any other law to the con trary notwithstanding, the Assistant Secretary of the Senate as an employee or an official of the legislative branch of government and who was a member of the Retirement System on January 1, 1965, and was eligible for creditable service of 15 years or more shall be eligible for and shall receive creditable service year for year while employed or appointed as an attache, employee or official of the legislative branch of government after January 1, 1946, as re flected by the records of the State Treasury. Provided, however, that creditable service now available to such individual during such time will be deducted from the creditable service herein authorized. Each additional month which may be credited as service by such individual shall, as a condition therefor, require payment of em ployer and employee contributions based upon the member's reported monthly earnable compensation for December, 1964. The State Treasurer shall, upon receipt of notification by the Retirement System, pay the required employer contributions from funds appropriated or otherwise available to the legislative branch of government."
SECTION 5
All laws and parts of laws in conflict with this Act are hereby repealed.
1488
JOURNAL OP THE HOUSE,
Mr. Matthews of Clarke moved that the House agree to the Senate substitute to HB 43.
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 Barber Bedgood Black Blair Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Davis Deloach DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F.
Harris, J. R. Henderson Herndon Holder Hudgins Hutchinson Irvin Jessup Johnson, Dr. A.S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lovett Lowery Luke Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reid Rhodes Richardson Rodgers, H. B. Roper Ross Rush Russell Sewell Shea Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N.
Walker White Wiggins Williams, G. J. Williams, W. M. Wright
WEDNESDAY, MARCH 3, 1965
1489
Those not voting were Messrs.:
Acree Balkcom Ballard Beck Blalock Bolton Bowen, J. 0. Branch Brantley Brooks, Wilson Caldwell Clarke, H. G. Colwell Conner Dailey Dean Dorminy Doster Etheridge Griffin Hall
Harris, R. W. Houston Howell Hull Jones, F. C. Jordan, W. H. Knight, D. W. Lane Leonard Lewis, E. B. Lewis, P. B. Looper Maddox Matthews, D. R. McClelland Mitchell Poss Rainey Reaves Roberts, C. C. Rogers, Jimmie
Rowland Savage Shuman Simmons Singer Smith, A. B. Smith, G. L. II Smith, J. R. Story Strickland Underwood Vaughn, C. R. Ware Watkins Watson Wells Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 143, nays 0.
The House has agreed to the Senate substitute to HB 43.
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 556. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled "An Act to com prehensively and exhaustively revise, supersede, and modernize appel late and other post-trial procedure in civil and criminal cases", and for other purposes.
The following amendment was read:
Mr. Lambert of Morgan moves to amend HB 556 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 which shall read as follows:
SECTION 2
Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. The appellant and cross appellant shall, within such time and in such form as may be prescribed by the rules
1490
JOURNAL OF THE HOUSE,
of the Supreme Court and Coui-t of Appeals, as the case may be, file with the clerk of the appellate court an enumeration of the errors relied upon, and shall likewise simultaneously file a copy of such enumeration of errors with the clerk of the trial court, which shall set out separately each error relied upon. The enumeration need not set out or refer to portions of the record on appeal, shall be concise, and need not conform to the assign ments of error abolished by these rules. It shall be served upon the appellee or cross appellee in the manner prescribed in Sec tion 18 hereof, need not have approval of the trial court, and when filed shall become a part of the record on appeal. Errors not enumerated according to this Section shall be disregarded."
The following amendment to the amendment was read and adopted:
Mr. Murphy of Haralson and Bagby of Paulding moves to amend the Lambert amendment as follows:
By striking from Section 14 of Section 2 the following language:
"Within such time and in such form as may be prescribed by the rules of the supreme court and court of appeals, as the case may be" and inserting in lieu thereof the following:
"At the time the brief is filed in the supreme court or the Court of Appeals, as the case may be."
The Lambert amendment was adopted as amended.
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 Balkcom Ballard Barber Beck
Bedgood Black
Blair Blalock Bolton Bowen, J. O. Bowen, E. L. Brackin Brantley
Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T.
WEDNESDAY, MARCH 3, 1965
1491
Clarke, H. G. Coker, G. Dr. Coker, R. Collins, J. F. Collins, M. Colwell, C. Conger Crowe Dailey Davis Deloach DeVane Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford Gary Grahl Griffis Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kelly Knight, D. W.
Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McDaniell McKemie
McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Perry Peterson Phillips, L. L.
Pickard
Pope Potts Rainey Reid Rhodes Richardson Rodgers, H. B. Roper Ross Rowland Rush Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Watkins Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Acree Brinkley
Dickinson Evans
Harris, J. F. Vaughan, D. N.
Those not voting were Messrs.:
Branch Brooks, Geo. B.
Chandler Conner
Dean Dixon
1492
Dorminy Etheridge Griffin Hale Hall Houston Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Laite Lane Matthews, C.
JOURNAL OF THE HOUSE,
McClelland McCracken Newton, D. L. Otwell Parker Phillips, G. S. Poss Reaves Roberts Rogers, Jimmie Russell Shuman Simmons
Snow Story Strickland Sweat Thomason Walker Ware Watson White Wilson Woodward Mr. Speaker
On the passage of the bill, as amended, the ayes were 154, nays 6.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Caldwell of Upson moved that HB 556 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.:
Alien Anderson Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum
Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis DeVane Dickinson Dixon Dollar
Doster Duncan, A. C. Duncan, V. W.
Dunwody Farrar Floyd Flynt Fulford Gary Grahl Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S.
WEDNESDAY, MARCH 3, 1965
1493
Jones, C. M. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Luke Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Melton Milhollin Minge Mitchell
Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Peterson Phillips, L. L.
Pope Rainey Reid Rhodes Richardson Rodgers, H. B. Rowland Rush Sewell Shea
Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T.
Snow Spikes Spillers Stalnaker Steis Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Watkins Wells Wiggins Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.:
Evans
Vaughan, D. N.
Those not voting were Messrs.:
Abney Acree Arnsdorff Blalock Branch Brooks, Geo. B. Chandler Conner Dean DeLoach Dorminy Etheridge Griffin Griffis Hale Hall Houston Hudgins Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H.
Laite Lambert Lane Leonard Lewis, P. B. Marshall Matthews, D. R. McClelland McCracken Merritt Moore, J. H. Nessmith, P. Newton, D. L. Otwell Parker Perry Phillips, G. S. Pickard Poss Potts Reaves Roberts
Rogers, Jimmie Roper Ross Russell Savage Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Story Strickland Thomason Underwood Ware Watson White Wilson Wright Mr. Speaker
1494
JOURNAL OF THE HOUSE,
On the motion the ayes were 138, nays 2.
The motion prevailed and HB 556 was ordered immediately transmitted to the Senate.
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives so as to provide for the apportionment of the membership of the House of Representatives, and for other purposes.
The following amendment was read:
By striking therefrom the following:
"District No. 104: That portion of Richmond County embraced within State Senatorial District No. 22 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 105: That portion of Richmond County embraced within State Senatorial District No. 23 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 106: Richmond--2 Representatives." and inserting in lieu thereof the following:
"District No. 104: Richmond--6 Representatives to be divided on an equal population basis of 6 Legislative Districts in ward and militia districts disregarding all Senatorial District boundaries as follows:
"Seat No. 1
Ward 2 Ward 4
11,494 12,099
24,593
"Seat No. 5
Ward 3 Ward 5 Ward 6
11,269 7,477 7,251
25,997
"Seat No. 3
Ward 7
1269 Militia District
7,528 14,254
21,782
WEDNESDAY, MARCH 3, 1965
1495
"Seat No. 4
Ward 8
119 Militia District
121 Militia District
1760 Militia District
5,316 14,512
612 270
20,710
"Seat No. 2 123 Militia District to be that area east of Highway No. 25 Ward 1
13,299 8,192
21,491
"Seat No. 6 123 Militia District to be that area west of Highway No. 25
1660 Militia District 1434 Militia District
124 Militia District
16,652 1,481 2,560 1,440"
22,133
By renumbering Districts No. 107 through 127 as Districts No. 105 through 125, respectively.
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 Ballard Duncan, V. W. Jones, G. Paul
Jordan, Ben C. Knight, W. D. Lovett Luke
Oglesby Simkins Thomas Watkins
Those voting in the negative were Messrs.:
Acree Alien Anderson Bagby Balkcom Barber Beck Bedgood Black Blalock Bowen, J. O. Bowen, R. L. Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene
Brown, M. P. Bynum Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeLoach
DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Hale Harrell Harrington
1496
JOURNAL OF THE HOUSE,
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McClelland
McDaniell McRae Melton Merritt Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford
Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper
Ross Rush Savage Sewell Shea Shuman Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Wililams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Blair Bolton Brackin Branch Busbee Byrd Collins, J. F. Conner Dorminy Evans
Flynt Griffis Hall Hudgins Johnson, B. Matthews, D. R. McCracken McKemie Milhollin Minge Nessmith, P.
Poss Rogers, Jimmie Rowland Russell Simmons Smith, A. B. Smith, Chas. C. Wells White Wilson Mr. Speaker
On the adoption of the amendment the ayes were 12, nays 159.
WEDNESDAY, MARCH 3, 1965
1497
The amendment was lost.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, so as TO provide for the apportionment of the membership of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 205 mem bers; to provide for the designation of posts; to provide that members of the House of Representatives shall be elected by the voters of the Representative District which they represent; to provide for residence; to provide when the first members elected shall take office; to provide for the term of such first members; to provide for a continuation of the term of the present members of the House of Representatives; to pro vide for a continuation of the present apportionment of the House of Representatives until a certain time; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows:
"There shall be 205 members of the House of Representatives, and such membership shall be apportioned among the Representa tive Districts provided for hereinafter.VEach such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for here inafter.
"District No. 1: Dade & Walker--3 Representatives.
"District No. 2: Catoosa--1 Representative.
"District No. 3: Whitfield & Murray--3 Representatives.
"District No. 4: Fannin--1 Representative. "District No. 5: Union & Lumpkin--1 Representative. "District No. 6: Towns, Rabun & White--1 Representative. "District No. 7: Chattooga--1 Representative. "District No. 8: Gordon--1 Representative.
1498
JOURNAL OF THE HOUSE,
"District No. 9: Gilmer & Pickens--1 Representative.
"District No. 10: Dawson & Forsyth--1 Representative.
"District No. 11: Habersham--1 Representative.
"District No. 12: Stephens--1 Representative.
"District No. 13: Floyd--3 Representatives.
"District No. 14: Bartow--2 Representatives.
"District No. 15: Cherokee--1 Representative.
"District No. 16: Hall--3 Representatives.
"District No. 17: Banks & Madison--1 Representative.
"District No. 18: Franklin--1 Representative.
"District No. 19: Hart--1 Representative.
"District No. 20: Polk--2 Representatives.
"District No. 21: Paulding--1 Representative.
"District No. 22: Gwinnett--2 Representatives.
"District No. 23: Barrow--1 Representative.
"District No. 24: Jackson--1 Representative.
"District No. 25: Elbert--1 Representative.
"District No. 26: Haralson--1 Representative.
"District No. 27: Douglas--1 Representative.
"District No. 28: Walton--1 Representative.
"District No. 29: Clarke--2 Representatives.
"District No. 30: Oconee & Oglethorpe--1 Representative.
"District No. 31: Taliaferro, Wilkes & Lincoln-- 1 Representative.
"District No. 32: Carroll--2 Representatives.
WEDNESDAY, MARCH 3, 1965
1499
"District No. 33: Heard & Coweta--2 Representatives.
"District No. 34: Spalding--2 Representatives.
"District No. 35: Fayette & Clayton--3 Representatives.
"District No. 36: Henry--1 Representative.
"District No. 37: Newton--1 Representative.
"District No. 38: Greene & Morgan--1 Representative.
"District No. 39: Hancock & Putnam--1 Representative.
"District No. 40: McDuffie, Warren & Glascock--1 Representative.
"District No. 41: Columbia--1 Representative.
"District No. 42: Troup--2 Representatives.
"District No. 43: Meriwether--1 Representative. "District No. 44: Pike & Lamar--1 Representative.
"District No. 45: Butts & Monroe--1 Representative. "District No. 46: Jasper & Jones--1 Representative. "District No. 47: Baldwin--2 Representatives. "District No. 48: Washington--1 Representative. "District No. 49: Jefferson--1 Representative. "District No. 50: Burke & Jenkins--2 Representatives. "District No. 51: Upson--1 Representative.
"District No. 52: Crawford & Peach--1 Representative.
"District No. 53: Twiggs, Wilkinson & Johnson--2 Repre sentatives.
"District No. 54: Emanuel--1 Representative.
"District No. 55: Screven--1 Representative.
1500
JOURNAL OF THE HOUSE,
"District No. 56: Webster, Chattahoochee & Stewart--1 Representative.
"District No. 57: Taylor & Marion--1 Representative.
"District No. 58: Schley & Macon--1 Representative.
"District No. 59: Houston--2 Representatives.
"District No. 60: Laurens--2 Representatives.
"District No. 61: Treutlen, Wheeler & Montgomery--1 Representative.
"District No. 62: Toombs--1 Representative.
"District No. 63: Candler & Evans--1 Representative.
"District No. 64: Bulloch--2 Representatives.
"District No. 65: Effingham & Bryan--1 Representative.
"District No. 66: Quitman & Randolph--1 Representative.
"District No. 67: Terrell & Lee--1 Representative.
"District No. 68: Sumter--2 Representatives.
"District No. 69: Crisp & Dooly--2 Representatives.
"District No. 70: Dodge--1 Representative.
"District No. 71: Pulaski & Bleckley--1 Representative.
"District No. 72: Ben Hill--1 Representative.
"District No. 73: Wilcox & Telfair--1 Representative.
"District No. 74: Appling--1 Representative.
"District No. 75: Tattnall & Long--1 Representative.
"District No. 76: Liberty & Mclntosh--1 Representative.
"District No. 77: Wayne--1 Representative.
"District No. 78: Clay, Calhoun & Baker--1 Representative.
WEDNESDAY, MARCH 3, 1965
1501
"District No. 79: Dougherty--4 Representatives.
"District No. 80: Worth--1 Representative.
"District No. 81: Turner & Irwin--1 Representative.
"District No. 82: Coffee--1 Representative.
"District No. 83: Ware--2 Representatives.
"District No. 84: Pierce & Brantley--1 Representative.
"District No. 85: Glynn--2 Representatives.
"District No. 86: Early--1 Representative.
"District No. 87: Miller & Seminole--1 Representative.
"District No. 88: Mitchell--1 Representative.
"District No. 89: Decatur--2 Representatives.
"District No. 90: Grady--1 Representative.
"District No. 91: Jeff Davis & Bacon--1 Representative.
"District No. 92: Thomas--2 Representatives.
"District No. 93: Tift--1 Representative.
"District No. 94: Colquitt--2 Representatives.
"District No. 95: Lowndes--3 Representatives.
"District No. 96: Berrien & Cook--1 Representative.
"District No. 97: Lanier, Atkinson, Clinch & Echols--1 Representative.
"District No. 98: Charlton & Camden--1 Representative.
"District No. 99: Brooks--1 Representative.
"District No. 100: Harris & Talbot--1 Representative.
"District No. 101: That portion of Cobb County embraced within State Senatorial District No. 32 as provided in Code Section 47-102, relating to Senatorial Districts, as amended particularly
1502
JOURNAL OF THE HOUSE,
by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 102: That portion of Cobb County embraced within State Senatorial District No. 33 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 103: Cobb--1 Representative.
"District No. 104: That portion of Richmond County embraced within State Senatorial District No. 22 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess.. p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 105: That portion of Richmond County embraced within State Senatorial District No. 23 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 106: Richmond--2 Representatives.
"District No. 107: That portion of Bibb County embraced with in State Senatorial District No. 26 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 108: That portion of Bibb County embraced with in State Senatorial District No. 27 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved Febraury 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 109: Bibb--2 Representatives.
"District No. 110: That portion of Muscogee County embraced within State Senatorial District No. 15 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
WEDNESDAY, MARCH 3, 1965
1503
"District No. Ill: That portion of Muscogee County embraced within State Senatorial District No. 16 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 112: Muscogee--3 Representatives.
"District No. 113: That portion of Chatham County embraced within State Senatorial District No. 1 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 114: That portion of Chatham County embraced within State Senatorial District No. 2 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 115: That portion of Chatham County embraced within State Senatorial District No. 3 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--2 Representatives.
"District No. 116: Chatham--3 Representatives.
"District No. 117: That portion of DeKalb County embraced within State Senatorial District No. 41 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127), and Rockdale County--4 Representatives.
"District No. 118: That portion of DeKalb County embraced within State Senatorial District No. 42 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 119: That portion of DeKalb County embraced within State Senatorial District No. 43 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
1504
JOURNAL OP THE HOUSE,
"District No. 120: That portion of Fulton County embraced within State Senatorial District No. 34 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964 p. 127)--3 Representatives.
"District No. 121: That portion of Fulton County embraced within State Senatorial District No. 35 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 122: That portion of Fulton County embraced within State Senatorial District No. 36 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 123: That portion of Fulton County einbraced within State Senatorial District No. 37 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particula^-rlp by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 124: That portion of Fulton County embraced within State Senatorial District No. 38 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 125: That portion of Fulton County embraced within State Senatorial District No. 39 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 126: That portion of Fulton County embraced within State Senatorial District No. 40 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 127: Fulton--3 Representatives.
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate
WEDNESDAY, MARCH 3, 1965
1505
the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportion ment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Representa tives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Repre sentatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportion ment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and future successors shall be elected under the pro visions of the above apportionment of the House of Representatives."
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:
Matthews of Colquitt and Brantley of Candler move to amend V Committee Substitute to HB 367 as follows:
By striking from the title the figure "205" and inserting in lieu thereof the figure "252".
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows:
"There shall be 252 members of the House of Representatives, and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be com posed either of a portion of a county or a county, as provided for hereinafter, and shall be represented by the number of Representa tives provided for hereinafter.
1506
JOURNAL OF THE HOUSE,
"District No. 1: Appling -- 1 "District No. 2: Atkinson -- 1 "District No. 3: Bacon -- 1 "District No. 4: Baker -- 1 "District No. 5: Baldwin -- 2 "District No. 6: Banks -- 1 "District No. 7: Barrow -- 1 "District No. 8: Bartow -- 2 "District No. 9: Ben Hill -- 1 "District No. 10: Berrien -- 1 "District No. 11: Bleckley -- 1 "District No. 12: Brantley -- 1 "District No. 13: Brooks -- 1 "District No. 14: Bryan -- 1 "District No. 15: Bulloch -- 2 "District No. 16: Burke -- 1 "District No. 17: Butts -- 1 "District No. 18: Calhoun -- 1 "District No. 19: Camden -- 1 "District No. 20: Candler -- 1 "District No. 21: Carroll -- 2 "District No. 22: Catoosa -- 2 "District No. 23: Charlton -- 1 "District No. 24: Chattahoochee -- 1 "District No. 25: Chattooga -- 1 "District No. 26: Cherokee -- 2 "District No. 27: Clarke -- 2 "District No. 28: Clay -- 1 "District No. 29: Clayton -- 2 "District No. 30: Clinch -- 1 "District No. 31: Coffee -- 2 "District No. 32: Colquitt -- 2 "District No. 33: Columbia -- 1
WEDNESDAY, MARCH 3, 1965
1507
"District No. 34: Cook -- 1 "District No. 35: Coweta -- 2 "District No. 36: Crawford -- 1 "District No. 37: Crisp -- 1 "District No. 38: Dade -- 1 "District No. 39: Dawson -- 1 "District No. 40: Decatur -- 2 "District No. 41: Dodge -- 1 "District No. 42: Dooly -- 1 "District No. 43: Dougherty -- 4 V "District No. 44: Douglas -- 1 "District No. 45: Early -- 1 "District No. 46: Echols -- 1 "District No. 47: Effingham -- 1 "District No. 48: Elbert -- 1 "District No. 49: Emanuel -- 1 "District No. 50: Evans -- 1 "District No. 51: Fannin -- 1 "District No. 52: Fayette -- 1 "District No. 53: Floyd -- 3 "District No. 54: Forsyth -- 1 "District No. 55: Franklin -- 1 "District No. 56: Gilmer -- 1 "District No. 57: Glascock -- 1 "District No. 58: Glynn -- 2 "District No. 59: Gordon -- 1 "District No. 60: Grady -- 1 "District No. 61: Greene -- 1 "District No. 62: Gwinnett -- 2 "District No. 63: Habersham -- 1 "District No. 64: Hall -- 2 "District No. 65: Hancock -- 1 "District No. 66: Haralson -- 1 "District No. 67: Harris -- 1
1508
JOURNAL OF THE HOUSE,
"District No. 68: Hart -- 1 "District No. 69: Heard -- 1 "District No. 70: Henry -- 1 "District No. 71: Houston -- 2 "District No. 72: Irwin -- 1 "District No. 73: Jackson -- 1 "District No. 74: Jasper -- 1 "District No. 75: Jeff Davis -- 1 "District No. 76: Jefferson -- 1 "District No. 77: Jenkins -- 1 "District No. 78: Johnson -- 1 "District No. 79: Jones -- 1 "District No. 80: Lamar -- 1 "District No. 81: Lanier -- 1 "District No. 82: Laurens -- 2 "District No. 83: Lee -- 1 "District No. 84: Liberty -- 1 "District No. 85: Lincoln -- 1 "District No. 86: Long -- 1 "District No. 87: Lowndes -- 2 "District No. 88: Lumpkin -- 1 "District No. 89: McDuffie -- 1 "District No. 90: Mclntosh -- 1 "District No. 91: Macon -- 1 "District No. 92: Madison -- 1 "District No. 93: Marion -- 1 "District No. 94: Meriwether -- 1 "District No. 95: Miller -- 1 "District No. 96: Mitchell -- 1 "District No. 97: Monroe -- 1 "District No. 98: Montgomery -- 1 "District No. 99: Morgan -- 1 "District No. 100: Murray -- 1 "District No. 101: Newton -- 2
WEDNESDAY, MARCH 3, 1965
1509
"District No. 102: Oconee -- 1 "District No. 103: Oglethorpe -- 1 "District No. 104: Paulding -- 1 "District No. 105: Peach -- 1 "District No. 106: Pickens -- 1 "District No. 107: Pierce -- 1 "District No. 108: Pike -- 1 "District No. 109: Polk -- 2 "District No. 110: Pulaski -- 1 "District No. Ill: Putnam -- 1 "District No. 112: Quitman -- 1 "District No. 113: Eabun -- 1 "District No. 114: Randolph -- 1 "District No. 115: Rockdale -- 1 "District No. 116: Schley -- 1 "District No. 117: Screven -- 1 "District No. 118: Seminole -- 1 "District No. 119: Spalding -- 2 "District No. 120: Stephens -- 1 "District No. 121: Stewart -- 1 "District No. 122: Sumter -- 2 "District No. 123: Talbot -- 1 "District No. 124: Taliaferro -- 1 "District No. 125: Tattnall -- 1 "District No. 126: Taylor -- 1 "District No. 127: Telfair -- 1 "District No. 128: Terrell -- 1 "District No. 129: Thomas -- 2 "District No. 130: Tift -- 2 "District No. 131: Toombs -- 1 "District No. 132: Towns -- 1 "District No. 133: Treutlen -- 1 "District No. 134: Troup -- 2 "District No. 135: Turner -- 1
1510
JOURNAL OF THE HOUSE,
"District No. 136: Twiggs -- 1 "District No. 137: Union -- 1 "District No. 138: Up son -- 2 "District No. 139: Walker -- 2 "District No. 140: Walton -- 1 "District No. 141: Ware -- 2 "District No. 142: Warren -- 1 "District No. 143: Washington -- 1 "District No. 144: Wayne -- 1 "District No. 145: Webster -- 1 "Distirct No. 146: Wheeler -- 1 "District No. 147: White -- 1 "District No. 148: Whitfield -- 2 "District No. 149: Wilcox -- 1 "District No. 150: Wilkes -- 1 "District No. 151: Wilkinson -- 1 "District No. 152: Worth -- 1
"District No. 153: That portion of Cobb County embraced with in State Senatorial District No. 32 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 154: That portion of Cobb County embraced within State Senatorial District No. 33 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 155: Cobb -- 1
"District No. 156: That portion of Richmond County embraced within State Senatorial District No. 22 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 157: That portion of Richmond County embraced within State Senatorial District No. 23 as provided in Code Section
WEDNESDAY, MARCH 3, 1965
1511
47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 158: Richmond -- 2
"District No. 159: That portion of Bibb County embraced with in State Senatorial District No. 26 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 160: That portion of Bibb County embraced with in State Senatorial District No. 27 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 161: Bibb -- 2
"District No. 162: That portion of Muscogee County embraced within State Senatorial District No. 15 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 163: That portion of Muscogee County embraced within State Senatorial District No. 16 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 164: Muscogee -- 3.
"District No. 165: That portion of Chatham County embraced within State Senatorial District No. 1 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 166: That portion of Chatham County embraced within State Senatorial District No. 2 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
1512
JOURNAL OF THE HOUSE,
"District No. 167: That portion of Chatham County embraced within State Senatorial District No. 3 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 2.
"District No. 168: Chatham -- 2
"District No. 169: That portion of DeKalb County embraced within State Senatorial District No. 41 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 170: That portion of DeKalb County embraced within State Senatorial District No. 42 as provided in Code Section
47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 171: That portion of DeKalb County embraced within State Senatorial District No. 43 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 172: DeKalb -- 2
"District No. 173: That portion of Fulton County embraced within State Senatorial District No. 34 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly
by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 174: That portion of Fulton County embraced with State Senatorial District No. 36 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 175: That portion of Fulton County embraced within State Senatorial District No. 36 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
WEDNESDAY, MARCH 3, 1965
1513
"District No. 176: That portion of Fulton County embraced within State Senatorial District No. 37 as provided in Code Section 47-102, relating to Senatorial Dsitricts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 177: That portion of Fulton County embraced within State Senatorial District No. 38 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 178: That portion of Fulton County embraced within State Senatorial District No. 39 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 179: That portion of Fulton County embraced within State Senatorial District No. 40 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127) -- 3.
"District No. 180: Fulton -- 2.
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportionment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Representatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment pro visions shall be effective, however, for the purpose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and
1514
JOURNAL OF THE HOUSE,
future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
The following amendment to the amendment to the Committee substitute was read:
By striking the last paragraph of the language quoted as Code Section 47-101 in Section 1 of said bill and inserting in lieu thereof the following:
"The first members elected pursuant to the above apportionment shall be elected at the November General Election in 1966, and shall take office on the convening day of the session of the General Assembly of Georgia in January of 1967. Until that time, the apportionment of the House of Representatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effec tive, however, for the purpose of electing the members who are to to take office in 1967 as aforesaid. Successors to such members and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
On the adoption of the amendment to the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Anderson Beck Black Bowen, R. L. Brackin Brinkley Brown, Gene Bynum Caldwell Carr Clark, J. T. Clarke, H. G. Collins, M. Colwell Crowe DeVane Dixon Duncan, A. C. Duncan, V. W.
Dunwody Etheridge Grahl Griffin Hale Harrell Henderson Houston Hull Jessup Jones, F. C. Jones, G. Paul Jordan, Ben C. Laite Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey
Maddox Mauney McDaniell McKemie Mitchell Moore, J. H. Murphy NeSmith, J. D. Otwell Overby Pickard Poss Potts Rainey Reid Ross Savage Shuman Simkins Singer
WEDNESDAY, MARCH 3, 1965
1515
Smith, E. B., Jr. Smith, V. T. Sweat Thomason Tidwell
Tucker, J. B. Tucker, Ray M. Ware Watkins Wiggins
Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Abney Alien Arnsdorff Bagby Balkcom Ballard Barber Bedgood Blair Blalock Bolton Bowen, J. 0. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Byrd Chandler Coker, G., Dr. Coker, R. Conger Dailey Davis Dean Deloach Dickinson Dollar Dorminy Doster Farrar Floyd Flynt Fulford Gary
Griffis Harris, J. F. Harris, J. R. Herndon Holder Howell Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Luke Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moses Newton, A. S. Newton, D. L.
Oglesby Pafford Page Phillips, G. S. Phillips, L. L.
Pope Rhodes Richardson Roberts Rogers, Jimmie Rowland Rush Russell Sewell Shea Simmons Simp son Smith, Chas. C. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Steis Story Tabb Thomas Vaughn, C. R. Vaughan, D. N. Walker Watson Wells White Woodward
Those not voting were Messrs.:
Busbee Collins, J. F. Conner Evans Hall Harrington
Harris, R. W. Hudgins Hutchinson Lane Marshall Minge
Nessmith, P. Odom Paris Parker Perry Peterson
1516
Reaves Rodgers, H. B. Roper
JOURNAL OF THE HOUSE,
Smith, A. B. Stalnaker Strickland
Underwood Wilson Mr. Speaker
On the adoption of the amendment to the amendment to the committee substitute, the ayes were 73, nays 104.
The amendment was lost.
The following amendment to the amendment to the committee substitute was read and adopted:
Mr. Murphy of Haralson moves to amend the Matthews amendment to the committee substitute to HB 367 as follows:
By adding at the end of Section 1 the following:
Provided that in Representative Districts that remains the same as the county from which a Representative or Representatives was elect ed to serve for the period beginning on the second Monday in January, 1965 until the second Monday in January, 1967, under the laws of the State of Georgia, said Representatives shall remain in office and com plete the terms they were elected for under the laws and Constitution of the State of Georgia. The Attorney General of the State of Georgia is hereby directed to petition the United States Courts to seek their permission for such Representatives to serve until the second Monday in January, 1967.
The following amendment to the amendment to the committee substitute was read:
Messrs. Luke and Simkins of Richmond moved to amend Matthews amend ment to the Committee substitute to HB 367 as follows:
By deleting District 156, 157 and 158 and substitute 6 districts as follows:
"Seat No. 1 "Seat No. 5 "Seat No. 3
Ward 2 Ward 4
11,494 12,099
Ward 3 Ward 5 Ward 6
11,269 7,477 7,251
Ward 7
7,528
1269 Militia District 14,254
24,593 25,997 21,782
WEDNESDAY, MARCH 3, 1965
"Seat No. 4
Ward 8
5,316
119 Militia District 14,512
121 Militia District 612
1760 Militia District 270
"Seat No. 2
123 Militia District
to be that area east of
Highway No. 25
Ward 1
"Seat No. 6
123 Militia District
to be that area west of
Highway No. 25
16,652
1660 Militia District 1,481
1434 Militia District 2,560
124 Militia District 1,440"
1517 20,710
21,491 13,299
8,192 22,133
On the adoption of the amendment to the amendment to the committee substitute the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Ballard Collins, M. Jones, G. Paul
Jordan, Ben C. Knight, W. D. Luke
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson
Brown, Gene Brown, M. P. Bynum Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Colwell Conger Crowe Dailey Davis Dean Deloach DeVane
Oglesby Simkins Watkins
Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R.
1518
JOURNAL OF THE HOUSE,
Harris, R. W. Henderson Herndon Holder Houston Hull Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Matthews Mauldin Mauney McClelland McDaniell McRae Melton
Merritt Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Otwell Overby Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Sewell
Shea Shuman Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Bolton Brackin Busbee Byrd Conner Dorminy Evans Flynt Hale Hall
Howell Hudgins Hutchinson Marshall Matthews, D. R. McCracken McKemie Milhollin Minge Nessmith, P. Odom
Perry Poss Russell Savage Smith, A. B. Thomason Tidwell White Wilson Mr. Speaker
On the adoption of the amendment the ayes were 9, nays 163.
The amendment was lost.
WEDNESDAY, MARCH 3, 1965
1519
On the adoption of the amendment to the Committee substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Arnsdorff Ballard Beck Black Bowen, J. 0. Branch Brantley Brooks, Geo. B. Brown, Gene Bynum Caldwell Clarke, H. G. Colwell Davis Deloach Doster Duncan, A. C. Evans Flynt Grahl Griffis Henderson
Herndon Houston Hudgins Jessup Johnson, B. Jones, F. C.
Knight, D. W. Knight, W. D. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Matthews, D. R. Mauney McRae Milhollin Minge Mixon Moses Nessmith, P. Newton, D. L. Otwell Pafford
Page Phillips, L. L.
Rainey Rhodes Rodgers, H. B. Rogers, Jimmie
Ross Rush Russell Savage Shuman Smith, Chas. C. Smith, J. R. Strickland Tabb Thomas Thomason Tidwell Underwood Wells White Williams, G. J. Woodward
Wright
Those voting in the negative were Messrs.:
Abney Anderson Bagby Balkcom Barber Bedgood Blair Blalock Bolton Brackin Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Carr Chandler Clark, J. T. Coker, G., Dr. Collins, M.
Conger Conner Crowe Dailey Dean Dickinson Dixon Dollar Dorminy Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford
Gary Hale Harrell Harrington Harris, J. F.
Harris, J. R. Harris, R. W. Holder Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lambert Lee, F. S. Lee, W. J. (Bill)
Lovett Lowrey Luke
1520
Maddox Marshall Matthews, C. Mauldin McClelland McCracken McDaniell Melton Merritt Mitchell Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Odom Oglesby Overby Paris
JOURNAL OF THE HOUSE,
Parker Peterson Phillips, G. S. Pickard Pope Potts Reaves Reid Richardson Roberts Roper Rowland Sewell Shea Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II
Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, W. M.
Those not voting were Messrs.:
Bowen, R. L. Coker, R. Collins, J. F. DeVane Griffin Hall
Kelly Lane McKemie Newton, A. S. Perry Poss
Simkins Smith, A. B. Wilson Mr. Speaker
On the adoption of the amendment as amended the ayes were 72, nays 116.
The amendment as amended was Lost.
Mr. Poss of Madison stated that he would like to be recorded as voting "Aye".
The following amendment to the Committee substitute was read:
Mr. Jones of Lumpkin moves to amend Committee substitute to HB 367 by striking Section 1 in its entirety and inserting in lieu thereof the following:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 47_rl01 to read as follows:
WEDNESDAY, MARCH 3, 1965
1521
"47-101. There shall be 205 members of the House of Repre sentatives, and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such Dis trict shall be composed either of a portion of a county, or a county, or counties, as provided for hereinafter and shall be represented by the number of Representatives provided for hereinafter.
"District No. 1: Dade--1 Representative "District No. 2: Walker--2 Representatives "District No. 3: Catoosa--1 Representative
"District No. 4: Whitfield--2 Representatives "District No. 5: Murray--1 Representative "District No. 6: Fannin--1 Representative "District No. 7: Union and White--1 Representative' "District No. 8: Towns and Rabun--1 Representative "District No. 9: Chattooga--1 Representative "District No. 10: Gilmer--1 Representative "District No. 11: Pickens--1 Representative "District No. 12: Gordon--1 Representative "District No. 13: Forsyth--1 Representative "District No. 14: Lumpkin and Dawson--1 Representative "District No. 15: Habersham--1 Representative "District No. 16: Stephens--1 Representative "District No. 17: Floyd--3 Representatives "District No. 18: Bartow--2 Representatives "District No. 19: Cherokee--1 Representative "District No. 20: Hall--2 Representatives "District No. 21: Banks and Jackson--2 Representatives' "District No. 22: Madison--1 Representative "District No. 23: Franklin--1 Representative "District No. 24: Hart--1 Representative "District No. 25: Polk--2 Representatives "District No. 26: Paulding--1 Representative "District No. 27: Gwinnett--2 Representatives "District No. 28: Barrow--1 Representative "District No. 29: Elbert--1 Representative
1522
JOURNAL OF THE HOUSE,
"District No. 30: Haralson--1 Representative "District No. 31: Douglas--1 Representative "District No. 32: Walton--1 Representative District No. 33: Oconee & Oglethorpe--1 Representative "District No. 34: Clarke--2 Representatives ^District No. 35: Taliaferro & Warren--1 Representative "District No. 36: Carroll--2 Representatives "District No. 37: Heard & Coweta--2 Representatives "District No. 38: Spalding--2 Representatives "District No. 39: Clayton--2 Representatives "District No. 40: Fayette--1 Representative "District No. 41: Henry--1 Representative "District No. 42: Rockdale--1 Representative "District No. 43: Greene--1 Representative "District No. 44: Hancock & Glascock--1 Representative "District No. 45: McDuffie--1 Representative "District No. 46: Columbia--I Representative "District No. 47: Troup--2 Representative "District No. 48: Meriwether--1 Representative "District No. 49: Pike and Upson--2 Representatives "District No. 50: Butts--1 Representative "District No. 51: Monroe---1 Representative "District No. 52: Jasper & Putnam--1 Representative "District No. 53: Wilkes and Lincoln--1 Representative "District No. 54: Newton--1 Representative "District No. 55: Morgan--1 Representative "District No. 56: Lamar--1 Representative "District No. 57: Jones--1 Representative "District No. 58: Baldwin--2 Representatives "District No. 59: Washington--1 Representative "District No. 60: Jefferson--1 Representative "District No. 61: Burke--1 Representative "District No. 62: Jenkins--1 Representative "District No. 63: Peach--1 Representative
WEDNESDAY, MARCH 3, 1965
1523
"District No. 64: Wilkinson--1 Representative "District No. 65: Emanuel--1 Representative "District No. 66: Screven--1 Representative "District No. 67: Webster & Stewart--1 Representative "District No. 68: Talbot and Marion--1 Representative "District No. 69: Schley and Macon--1 Representative "District No. 70: Houston & Twiggs--2 Representatives "District No. 71: Laurens--2 Representatives "District No. 72: Treutlen & Montgomery--1 Representative "District No. 73: Toombs--1 Representative "District No. 74: Candler & Evans--1 Representative "District No. 75: Bulloch & Bryan--2 Representatives "District No. 76: Effingham--1 Representative "District No. 77: Quitman & Randolph--1 Representative "District No. 78: Terrell--1 Representative "District No. 79: Sumter & Lee--2 Representatives "District No. 80: Crisp--1 Representative "District No. 81 Dodge--1 Representative "District No. 82: Pulaski--1 Representative "District No. 83: Ben Hill--1 Representative "District No. 84: Telfair--1 Representative "District No. 85: Appling--1 Representative "District No. 86: Tattnall--1 Representative "District No. 87: Long and Mclntosh-- 1 Representatice "District No. 88: Wayne--1 Representative "District No. 89: Clay and Calhoun--1 Representative "District No. 90: Dougherty--3 Representatives "District No. 91: Worth--1 Representative "District No. 92: Turner and Wilcox--1 Representative "District No. 93: Crawford and Taylor--1 Representative "District No. 94: Johnson--1 Representative "District No. 95: Chattahoochee--1 Representative "District No. 96: Dooly--1 Representative "District No. 97: Bleckley--1 Representative
1524
JOURNAL OF THE HOUSE,
"District No. 98: Irwin--1 Representative "District No. 99: Liberty--1 Representative "District No. 100: Coffee--1 Representative "District No. 101: Ware--2 Representatives "District No. 102: Pierce--1 Representative "District No. 103: Glynn--2 Representatives "District No. 104: Early--1 Representative "District No. 105: Miller and Baker--1 Representative "District No. 106: Mitchell--1 Representative "District No. 107: Decatur & Seminole--2 Representatives "District No. 108: Grady--1 Representative "District No. 109: Jeff Davis & Wheeler--1 Representative "District No. 110: Bacon--1 Representative "District No. Ill: Thomas--2 Representatives "District No. 112: Tift--1 Representative "District No. 113: Colquitt--2 Representatives "District No. 114: Lowndes & Echols--2 Representatives "District No. 115: Berrien and Lanier--1 Representative "District No. 116: Cook--1 Representative "District No. 117: Atkinson & Clinch--1 Representative "District No. 118: Charlton & Brantley--1 Representative "District No. 119: Brooks--1 Representative "District No. 120: Camden--1 Representative "District No. 121: Harris--1 Representative "District No. 122: Cobb--4 Representatives
"Richmond County shall have 5 Representatives and shall be divided into not less than 2 and not more than 5 Representative Districts.
"Bibb County shall have 5 Representatives and shall be divided into not less than 2 and not more than 5 Representative Districts.
"Muscogee County shall have 6 Representatives and shall be divided into not less than 2 and not more than 6 Representative Districts.
WEDNESDAY, MARCH 3, 1965
1525
"Chatham County shall have 7 Representatives and shall be divided into not less than 2 and not more than 7 Representative Districts.
"DeKalb County shall have 9 Representatives and shall be divided into not less than 3 and not more than 9 Representative Districts.
"Fulton County shall have 19 Representatives and shall be divided into not less than 5 and not more than 19 Representative Districts.
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and election of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportion ment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Repre sentatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representa tives."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the amendment to the committee substitute was read and adopted:
Mr. Caldwell of Upson moves to amend the Jones amendment to the com mittee substitute as follows:
By striking district 49 and inserting in lieu thereof:
1526
JOURNAL OF THE HOUSE,
"District 49 Upson 1 representative"
and by striking district 56 and inserting in lieu thereof the following a new district 56 to read as follows:
"District 56 Lamar and Pike counties 1 representative"
On the adoption of the amendment as amended to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Ballard Black Bowen, R. L. Brantley Brown, Gene Bynum Caldwell Clarke, H. G. Colwell Davis Evans Grahl Griffis
Harrell
Henderson Houston Hudgins Johnson, B. Jones, F. C. Jones, G. Paul Leonard Lewis, E. B. Lewis, P. B. Matthews, D. R. Mauney
Mixon Newton, A. S. Newton, D. L. Otwell
Poss Rainey Rogers, Jimmie Savage Simkins Singer Smith, Chas. C. Sweat Thomason Tidwell Tucker, Ray M. Underwood Watkins Wells Woodward
Those voting in the negative were Messrs.
Alien Anderson Bagby Balkcom Barber Beck Bedgood Blair Blalock Bolton Bowden, J. 0. Brackin Branch Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Carr
Chandler Clark, J. T. Coker, G. Dr. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge
Farrar Floyd Flynt Fulford Gary Griffin Hale Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M.
WEDNESDAY, MARCH 3, 1965
1527
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Looper Lovett Lowery Luke Marshall Matthews, C. Mauldin McClelland McCracken McDaniell McRae Melton Merritt Milhollin Minge Mitchell Moate
Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Overby Pafford Page Paris Parker Peterson Phillips, G. S. Pickard Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush
Russell Sewell Shea Shuman Simmons Simpson Smith, E. B. Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Tabb Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Abney
Acree Deloach DeVane Hall Kelly
Maddox McKemie Perry Phillips, L. L. Smith, A. B. Stalnaker
Strickland Thomas White Wilson Mr. Speaker
On the adoption of the amendment as amended to the committee substitute the ayes were 45, nays 142.
The amendment as amended was Lost.
The following amendment to the committee substitute was read:
Caldwell and Page of Upson move to amend the Committee Substi tute to HB No. 367 as follows:
By striking the title and inserting in lieu thereof the following:
"An Act to amend Code Section 47-101, relating to the appor tionment of the membership of the House of Representatives, as
1528
JOURNAL OF THE HOUSE,
amended, so as to provide for the apportionment of the membership of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 216 members; to provide for the designation of posts; to provide that members of the House of Representatives shall be elected by the voters of the Representative District which they represent; to provide for residence; to provide when the first members elected shall take office; to provide for the term of such first members of the House of Representatives; to provide for a continuation of the term of the present members of the House of Representatives; to provide for a continuation of the present apportionment of the House of Representatives until a certain time; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes."
By striking Sections 1 and 2 in their entirety and inserting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows:
"There shall be 216 members of the House of Representatives, and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be composed of a county, or counties, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter.
"District No. 1: Echols--1 Representative "District No. 2: Quitman--1 Representative "District No. 3: Glascock--1 Representative "District No. 4: Webster--1 Representative "District No. 5: Schley--1 Representative "District No. 6: Taliaferro--1 Representative "District No. 7: Dawson--1 Representative "District No. 8: Long--1 Representative "District No. 9: Towns--1 Representative "District No. 10: Baker--1 Representative "District No. 11: Clay--1 Representative "District No. 12: Lanier--1 Representative "District No. 13: Charlton--1 Representative "District No. 14: Heard--1 Representative
WEDNESDAY, MARCH 3, 1965
1529
"District No. 15: Wheeler--1 Representative "District No. 16: Marion--1 Representative "District No. 17: Crawford--1 Representative "District No. 18: Treutlen--1 Representative "District No. 19: Brantley--1 Representative "District No. 20: Lincoln--1 Representative "District No. 21: Jasper--1 Representative "District No. 22: Atkinson--1 Representative "District No. 23: Lee--1 Representative "District No. 24: Bryan--1 Representative "District No. 25: Montgomery--1 Representative "District No. 26: Oconee--1 Representative "District No. 27: Mclntosh--1 Representative "District No. 28: Banks--1 Representative "District No. 29: Union--1 Representative "District No. 30: Clinch--1 Representative "District No. 31: Candler--1 Representative "District No. 32: Seminole--1 Representative "District No. 33: Miller--1 Representative "District No. 34: White--1 Representative "District No. 35: Evans--1 Representative "District No. 36: Talbot--1 Representative "District No. 37: Pike--1 Representative "District No. 38: Lumpkin--1 Representative "District No. 39: Calhoun--1 Representative "District No. 40: Warren--1 Representative "District No. 41: Stewart--1 Representative "District No. 42: Rabun--1 Representative "District No. 43: Putnam--1 Representative "District No. 44: Wilcox--1 Representative "District No. 45: Oglethorpe--1 Representative "District No. 46: Twiggs--1 Representative "District No. 47: Johnson--1 Representative
1530
JOURNAL OF THE HOUSE,
"District No. 48: Fayette--1 Representative "District No. 49: Pulaski--1 Representative "District No. 50: Taylor--1 Representative "District No. 51: Bacon--1 Representative "District No. 52: Turner--1 Representative "District No. 53: Jones--1 Representative "District No. 54: Dade--1 Representative "District No. 55: Pickens--1 Representative "District No. 56: Jeff Davis--1 Representative "District No. 57: Gilmer--1 Representative "District No. 58: Butts--1 Representative "District No. 59: Jenkins--1 Representative "District No. 60: Irwin--1 Representative "District No. 61: Wilkinson--1 Representative "District No. 62: Bleckley--1 Representative "District No. 63: Pierce--1 Representative "District No. 64: Camden--1 Representative "District No. 65: Hancock--1 Representative "District No. 66: Effingham--1 Representative "District No. 67: Lamar--1 Representative "District No. 68: Morgan--1 Representative "District No. 69: Murray--1 Representative "District No. 70: Monroe--1 Representative "District No. 71: Rockdale--1 Representative "District No. 72: Wilkes--1 Representative "District No. 73: Randolph--1 Representative "District No. 74: Harris--1 Representative "District No. 75: Greene--1 Representative "District No. 76: Madison--1 Representative "District No. 77: Dooly--1 Representative "District No. 78: Telfair--1 Representative "District No. 79: Cook--1 Representative "District No. 80: Berrien--1 Representative "District No. 81: Forsyth--1 Representative
WEDNESDAY, MARCH 3, 1965
1531
"District No. 82: McDuffie--1 Representative "District No. 83: Terrell--1 Representative "District No. 84: Chattahoochee--1 Representative "District No. 85: Paulding--1 Representative "District No. 86: Early--1 Representative "District No. 87: Macon--1 Representative "District No. 88: Appling--1 Representative "District No. 89: Franklin--1 Representative "District No. 90: Columbia--1 Representative "District No. 91: Pannin--1 Representative "District No. 92: Ben Hill--1 Representative "District No. 93: Peach--1 Representative "District No. 94: Barrow--1 Representative "District No. 95: Liberty--1 Representative "District No. 96: Haralson--1 Representative "District No. 97: Screven--1 Representative "District No. 98: Hart--1 Representative "District No. 99: Brooks--1 Representative "District No. 100: Tattnall--1 Representative "District No. 101: Dodge--1 Representative "District No. 102: Worth--1 Representative "District No. 103: Douglas--1 Representative "District No. 104: Toombs--1 Representative "District No. 105: Jefferson--1 Representative "District No. 106: Henry--1 Representative "District No. 107: Crisp--1 Representative "District No. 108: Emanuel--1 Representative "District No. 109: Elbert--1 Representative "District No. 110: Wayne--1 Representative "District No. Ill: Grady--1 Representative "District No. 112: Habersham--1 Representative "District No. 113: Stephens--1 Representative "District No. 114: Jackson--1 Representative "District No. 115: Washington--1 Representative
1532
JOURNAL OF THE HOUSE,
"District No. 116: Gordon--1 Representative "District No. 117: Mitchell--1 Representative "District No. 118: Meriwether--1 Representative "District No. 119: Chattooga--1 Representative "District No. 120: Walton--1 Representative "District No. 121: Burke--1 Representative "District No. 122: Newton--1 Representative "District No. 123: Catoosa--1 Representative "District No. 124: Coffee--1 Representative "District No. 125: Cherokee--1 Representative "District No. 126: Tift--1 Representative "District No. 127: Upson--1 Representative "District No. 128: Bulloch--1 Representative "District No. 129: Sumter--1 Representative "District No. 130: Decatur--1 Representative "District No. 131: Polk--1 Representative "District No. 132: Bartow--1 Representative "District No. 133: Coweta--1 Representative "District No. 134: Laurens--1 Representative "District No. 135: Colquitt--1 Representative "District No. 136: Baldwin--1 Representative "District No. 137: Ware--1 Representative "District No. 138: Thomas--1 Representative "District No. 139: Spalding--2 Representatives "District No. 140: Carroll--2 Representatives "District No. 141: Houston--2 Representatives "District No. 142: Glynn--2 Representatives "District No. 143: Whitfield--2 Representatives "District No. 144: Gwinnett--2 Representatives "District No. 145: Walker--2 Representatives "District No. 146: Clarke--2 Representatives "District No. 147: Clayton--2 Representatives "District No. 148: Troup--2 Representatives "District No. 149: Lowndes--2 Representatives
WEDNESDAY, MARCH 3, 1965
1533
"District No. 150: Hall--2 Representatives
"District No. 151: Floyd--2 Representatives
"District No. 152: Dougherty--3 Representatives
"District No. 153: Cobb--4 Representatives "District No. 154: Richmond--4 Representatives "District No. 155: Bibb--5 Representatives "District No. 156: Muscogee--5 Representatives "District No. 157: Chatham--6 Representatives "District No. 158: DeKalb--8 Representatives "District No. 159: Fulton--17 Representatives
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportion ment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Repre sentatives as it existed prior to the above apportionment shall con tinue in full force and effect, and the members of the House of Representatives elected under such previous apportionment pro visions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the pur pose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
1534
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Alien Arnsdorff Ballard Bowen, R. L. Branch Brantley Brown, Gene Bynum Caldwell Clarke, H. G. Colwell Davis DeLoach Evans Grahl Griffin
Griffis Henderson Hudgins Jessup Johnson, B. Jones, F. C. Knight, W. D. Lewis, E. B. Lewis, P. B. Looper Mauney McKemie Milhollin Mixon Newton, A. S. Newton, D. L.
Pafford Page Perry Phillips, L. L. Kainey Rhodes Rogers, Jimmie Rush Savage Shuman Smith, Chas. C. Smith, J. R. Strickland Underwood Williams, G. J. Woodward
Those voting in the negative were Messrs.:
Abney Acree Anderson Bagby Balkcom Beck Bedgood Black Blair Blalock Bolton, A. K. Bowen, J. O. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dean Dickinson Dixon Dollar
Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert
Lee, G. B. Lee, W. J. (Bill) Leonard Lovett Lowrey Maddox Marshall Matthews, C. Mauldin McClelland McCracken McDaniell McRae Melton Merritt Minge Mitchell Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Overby Paris Peterson Phillips, G. S. Pickard Pope
Poss Potts Reaves Reid Richardson Roberts Roper Ross Rowland Sewell Shea Simkins
WEDNESDAY, MARCH 3, 1965
1535
Simmons Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Steis Story Sweat Tabb
Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, W. M. Wright
Those not voting were Messrs.:
Barber Brackin Chandler DeVane Plynt Hall Houston Lane Lee, F. S.
Luke Matthews, D. R. Moses Parker Rodgers, H. B. Russell Smith, A. B. Smith, G. L. II Stalnaker
Thomas Thomason Tidwell Wells White Wilson Mr. Speaker
On the adoption of the amendment, to the Committee Substitute the ayes were 48, nays 131.
The amendment was lost.
The following amendment to the Committee substitute was read:
Mr. Sewell of Chatham moves to amend the committee substitute to HB 367 by deleting from the caption, the number 205 and entering in lieu thereof, the figure 162, and by deleting Section 1 of the committee substitute and substituting in lieu thereof the following:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 47-101 to read as follows:
"47-101. There shall be 54 Representative Districts which shall coincide in size and boundary with each presently constituted Senatorial District. There shall be three Representatives elected for each Representative District constituting a total of 162 mem bers of the House of Representatives.
1536
JOURNAL OF THE HOUSE,
"The first members elected pursuant to the above apportion ment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Repre sentatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment pro visions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the pur pose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Brinkley Davis Duncan, V. W. Dunwody Etheridge Farrar
Hudgins Jones, M. Jordan, Ben C. Lowrey McDaniell McKemie Moore, J. H.
Oglesby Richardson Sewell Shea Singer Smith, Chas. C.
Those voting in the negative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L.
Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeVane Dickinson Dixon Dollar Dorminy
WEDNESDAY, MARCH 3, 1965
1537
Doster Duncan, A. C. Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett
Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes
Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Savage Shuman Simkins Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tucker, J. B. Tucker, Ray M. Underwood, R. R. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree DeLoach Evans Hall Houston
Lane Matthews, D. R. Roper Russell Smith, A. B.
Thomason Tidwell White Wilson Mr. Speaker
On the adoption of the amendment, to the Committee Substitute, the ayes were 20, nays 169.
The amendment was lost.
1538
JOURNAL OF THE HOUSE,
Messrs. Brooks and McClelland of Fulton stated that they inadvertently voted "Nay" and would like to be recorded as voting "Aye".
The following amendment to the committee substitute was read:
Mr. Richardson of Chatham moves to amend the committee sub stitute to HB 367 as follows:
By deleting from the caption of said committee substitute the num ber 205 and by inserting in lieu thereof the No. 166 and by deleting sections 1, and 2 thereof and inserting in lieu thereof the following:
Section 1. Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 47-101 to read as follows:
"47-101. There shall be forty (40) Representative Districts of the State of Georgia from which the members of the House of Representatives shall be elected. The Districts shall be composed of the county or counties and shall be represented by the number of Representatives as provided for hereinafter.
"District No. 1: Chatham--8 Representatives.
"District No. 2: Screven, Effingham, Bulloch, Evans, Tattnall --3 Representatives.
"District No. 3: Bryan, Liberty, Long, Mclntosh, Glynn--3 Representative s.
"District No. 4: Appling, Bacon, Wayne, Pierce, Brantley, Charlton, Camden--3 Representatives.
"District No. 5: Coffee, Atkinson, Lanier, Ware, Clinch--3 Representatives.
"District No. 6: Berrien, Cook, Lowndes, Echols--3 Repre sentatives.
"District No. 7: Tifton, Colquitt, Brooks--3 Representatives.
"District No. 8: Mitchell, Grady, Thomas--3 Representatives.
"District No. 9: Clay, Calhoun, Early, Baker, Miller, Seminole,
Decatur--3 Representatives.
"District No. 10: Dougherty--3 Representatives.
"District No. 11: Lee, Crisp, Turner, Worth, Ben Hill, Irwin-- 3 Representatives.
WEDNESDAY, MARCH 3, 1965
1539
"District No. 12: Stewart, Quitman, Chattahoochee, Randolph, Webster, Terrell, Sumter--3 Representatives.
"District No. 13: Muscogee--7 Representatives.
"District No. 14: Harris, Talbot, Taylor, Marion, Upson, Schley, Macon--3 Representatives.
"District No. 15: Crawford, Peach, Houston, Twiggs--3 Repre sentatives.
"District No. 16: Dooly, Pulaski, Bleckley, Dodge, Wilcox, Telfair, Jeff Davis--3 Representatives.
"District No. 17: Johnson, Laurens, Treutlen, Wheeler, Mont gomery, Toombs--3 Representatives.
"District No. 18: Candler, Jefferson, Burke, Jenkins, Emanuel 3 Representatives.
"District No. 19: Richmond--6 Representatives.
"District No. 20: Columbia, Lincoln, Wilkes, McDuffie, Glascock, Warren, Taliaferro, Hancock, Greene--3 Representatives.
"District No. 21: Jones, Baldwin, Wilkinson, Washington--3 Representatives.
"District No. 22: Bibb--6 Representatives.
"District No. 23: Spalding, Butts, Pike, Lamar, Monroe--3 Representatives.
"District No. 24: Meriwether, Troup, Heard--3 Representa tives.
"District No. 25: Carroll, Coweta, Fayette--3 Representatives.
"District No. 26: Polk, Paulding, Haralson, Douglas--3 Repre sentatives.
"District No. 27: Cobb--5 Representatives.
"District No. 28: Fulton--24 Representatives.
"District No. 29: DeKalb--11 Representatives.
"District No. 30: Clayton, Henry, Rockdale--3 Representa tives.
1540
JOURNAL OF THE HOUSE,
"District No. 31: Walton, Morgan, Newton, Jasper, Putnam-- 3 Representatives.
"District No. 32: Madison, Clarke, Oglethorpe, Oconee --3 Representatives.
"District No. 33: Banks, Stephens, Franklin, Hart, Elbert--3 Representatives.
"District No. 34: Jackson, Barrow, Gwinnett--3 Representa tives.
"District No. 35: Lumpkin, Dawson, Forsyth, Hall--3 Repre sentatives.
"District No. 36: Pickens, Gilmer, Fannin, Union, Towns, White, Rabun, Habersham--3 Representatives.
"District No. 37: Gordon, Bartow, Cherokee--3 Representa tives.
"District No. 38: Floyd--3 Representatives.
"District No. 39: Dade, Walker, Chattooga--3 Representatives.
"District No. 40: Catoosa, Whitfield, Murray--3 Representa tives."
Section 2. In each District, candidates shall specify the particular post for which he desires to offer as a candidate, and all Representatives in each District shall be elected by the voters of the entire District.
Section 3. In order to comply with the provisions of the Federal Court Order in the case of Toombs vs. Fortson, the first election for members of the House of Representatives from the Districts as pro
vided in this Act shall be held on May 12, 1965, and the members elected at that time shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Such members shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes on the second Monday in January in 1967.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Brooks, Wilson Duncan, V. W. Etheridge Farrar
Jones, M. McClelland McDaniell Oglesby
Richardson Rogers, Jimmie Sewell Shea
WEDNESDAY, MARCH 3, 1965
1541
Those voting in the negative were Messrs.:
Abney Alien Anderson Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Floyd Flynt Fulford
Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Mauldin Mauney McCracken McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate
Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Shuman Simkins Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M.
1542
Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware
JOURNAL OF THE HOUSE,
Watkins Watson Wells White Wiggins
Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Evans Hall Hudgins Hull Lowrey
Matthews, C. Matthews, D. R. McKemie Savage Simmons Singer Smith, A. B.
Smith, Chas. C. Thomason Tucker, J. B. Wilson Mr. Speaker
On the adoption of the amendment to the Committee Substitute, the ayes were 12, nays 173.
The amendment was lost.
The following amendment to the committee substitute was read:
Mr. Richardson of Chatham moves to amend the committee sub stitute to HB 367 as follows:
By deleting the No. 205 from the caption and inserting in lieu thereof the No. 184 and by deleting section 1 in its entirety and inserting in lieu thereof the following:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows:
"There shall be 184 members of the House of Representatives, and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be com posed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for herein after:
"District No. 1: Dade & Walker--3 Representatives.
"District No. 2: Catoosa--1 Representative.
"District No. 3: Whitfield & Murray--3 Representatives.
WEDNESDAY, MARCH 3, 1965
1543
"District No. 4: Fannin & Union--1 Representative. "District No. 5: Towns, Rabun & White--1 Representative. "District No. 6: Gilmer & Pickens--1 Representative. "District No. 7: Lumpkin, Dawson & Forsyth--1 Representative. "District No. 8: Gordon--1 Representative. "District No. 9: Chattooga--1 Representative. "District No. 10: Floyd--3 Representatives. "District No. 11: Hall--2 Representatives. "District No. 12: Habersham--1 Representative. "District No. 13: Stephens--1 Representative. "District No. 14: Cherokee--1 Representative. "District No. 15: Franklin, Hart & Banks--2 Representatives. "District No. 16: Elbert--1 Representative. "District No. 17: Polk & Haralson--2 Representatives. "District No. 18: Cobb--5 Representatives. "District No. 19: Gwinnett--2 Representatives. "District No. 20: Jackson--1 Representative. "District No. 21: Madison & Oglethorpe--1 Representative. "District No. 22: Clarke--2 Representatives. "District No. 23: Barrow & Oconee--1 Representative. "District No. 24: Walton--1 Representative. "District No. 25: Newton--1 Representative. "District No. 26: Henry--1 Representative. "District No. 27: DeKalb & Rockdale--12 Representatives. "District No. 28: Fulton--22 Representatives. "District No. 29: Carroll & Douglas--3 Representatives. "District No. 30: Heard & Coweta--2 Representatives. "District No. 31: Bartow & Paulding--2 Representatives. "District No. 32: Troup--2 Representatives.
1544
JOURNAL OF THE HOUSE,
"District No. 33: Meriwether--1 Representative. "District No. 34: Clayton & Fayette--3 Representatives. "District No. 35: Spalding--2 Representatives. "District No. 36: Butts & Monroe--1 Representative. "District No. 37: Jasper, Morgan & Putnam--1 Representative. "District No. 38: Greene & Hancock--1 Representative. "District No. 39: Lincoln, Wilkes & Taliaferro--1 Representative. "District No. 40: Pike & Lamar--1 Representative. "District No. 41: Upson--1 Representative. "District No. 42: Crawford & Peach--1 Representative. "District No. 43: Bibb--6 Representatives. "District No. 44: Baldwin & Jones--2 Representatives. "District No. 45: Columbia, McDuffie, Warren & Glascock-- 2 Representatives. "District No. 46: Richmond--6 Representatives. "District No. 47: Burke--1 Representative. "District No. 48: Washington--1 Representative. "District No. 49: Jefferson--1 Representative. "District No. 50: Emanuel--1 Representative. "District No. 51: Jenkins & Screven--1 Representative. "District No. 52: Candler, Bulloch & Effingham--2 Representatives. "District No. 53: Laurens & Johnson--2 Representatives. "District No. 54: Twiggs & Wilkinson--1 Representative. "District No. 55: Houston--2 Representatives.
"District No. 56: Bleckley & Pulaski--1 Representative.
"District No. 57: Harris & Talbot--1 Representative.
"District No. 58: Muscogee--7 Representatives.
"District No. 59: Marion, Taylor & Schley--1 Representative.
"District No. 60: Macon & Dooly--1 Representative.
WEDNESDAY, MARCH 3, 1965
1545
"District No. 61: Chattahoochee, Stewart & Webster--1 Representative.
"District No. 62: Sumter--1 Representative. "District No. 63: Crisp--1 Representative. "District No. 64: Dodge & Wilcox--1 Representative. "District No. 65: Treutlen, Wheeler & Montgomery--1 Representative. "District No. 66: Toombs, Tattnall & Evans--2 Representatives. "District No. 67: Jeff Davis & Appling--1 Representative. "District No. 68: Bryan, Liberty & Long--1 Representative. "District No. 69: Chatham--8 Representatives. "District No. 70: Quitman, Clay & Randolph--1 Representa tive. "District No. 71: Terrell & Lee--1 Representative. "District No. 72: Worth & Turner--1 Representative. "District No. 73: Irwin, Ben Hill & Telfair--2 Representatives. "District No. 74: Early, Calhoun & Baker--1 Representative. "District No. 75: Miller, Seminole & Decatur--2 Representatives. "District No. 76: Dougherty--3 Representatives. "District No. 77: Mitchell--1 Representative. "District No. 78: Grady--1 Representative. "District No. 79: Colquitt--2 Representatives. "District No. 80: Thomas--2 Representatives. "District No. 81: Tift--1 Representative. "District No. 82: Berrien, Cook & Brooks--2 Representatives.
"District No. 83: Lowndes--2 Representatives.
"District No. 84: Coffee--1 Representative. "District No. 85: Bacon & Pierce--1 Representative.
"District No. 86: Mclntosh & Wayne--1 Representative.
"District No. 87: Glynn--2 Representatives.
1546
JOURNAL OF THE HOUSE,
"District No. 88: Brantley, Charlton & Camden--1 Representative.
"District No. 89: Ware--2 Representatives.
"District No. 90: Atkinson, Lanier, Clinch & Echols-- 1 Representative.
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportion ment shall be elected at the November General Election in 1966, and shall take office on the convening day of the session of the General Assembly of Georgia in January of 1967. Until that time, the apportionment of the House of Representatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the purpose of electing the mem bers who are to take office in 1967 as aforesaid. Successors to such members and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
IN THE EVENT ANY SECTION, SUBSECTION, SENTENCE, CLAUSE OR PHRASE of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner af fect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the sec tion, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The General Assembly hereby declared that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would have been declared or adjudged invalid or uncon stitutional.
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
The following amendments to the amendment to the Committee substitute were read and adopted:
Mr. McDaniell of Cobb moves to amend the amendment to the Com mittee substitute to HB 367 as follows:
WEDNESDAY, MARCH 3, 1965
1547
By amending Richardson of Chatham substitute by adding at the end of district no. 18 section 1 as follows:
Two representatives shall be elected from the 32nd senatorial dis trict except those voters embraced in the city limits of Marietta, shall be excluded from the 32nd district in the election of two said repre sentative, and two representatives shall be elected from the 33rd sena torial district except those voters embraced in the city limits of Marietta shall be excluded from the 33rd district in the election of said two repre sentatives and those voters in the city limits of the city of Marietta shall elect one representative.
Mr. Murphy of Haralson moves to amend HB 367 (Richardson amendment) as follows:
By adding at the end of Section 1 the following:
Provided that in Representative Districts that remains the same as the county from which a representative or representatives was elected to serve for the period beginning on the second Monday in January, 1965 until the second Monday in January, 1967, under the laws of the State of Georgia, said Representatives shall remain in office and complete the terms they were elected for under the laws and Constitution of the State of Georgia. The Attorney General of the State of Georgia is hereby directed to petition the United States Courts to seek their permission for such Representatives to serve until the second Monday in January, 1967.
On the adoption of the amendment as amended to the committee substitute the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Ballard Beck Bowen, J. 0. Branch Brinkley Brooks, Wilson Davis Dixon Doster Duncan, V. W. Dunwody Etheridge Farrar
Harris, J. R.
Harris, R. W. Hudgins Hull Jones, M. Jordan, Ben C. Leonard Lewis, P. B. Lowrey Luke McClelland McDaniell Milhollin Minge Mitchell Moore, J. H.
Oglesby
Pickard Rainey Richardson Rogers, Jimmie Sewell Shea Simkins Smith, Chas. C. Smith, V. T. Snow Sweat Tucker, J. B. Vaughn, C. R. Ware Williams, G. J.
1548
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Acree Anderson Arnsdorff Bagby Balkcom Barber Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dollar Dorminy Duncan, A. C. Floyd Flynt Fulford Gary Grahl Griffin Griffis
Hale Harrell Harrington Harris, J. F. Henderson Herndon Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S, Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lewis, E. B. Looper Lovett Maddox Marshall Matthews, C. Mauldin Mauney McCracken McRae Melton Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby
Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid
Rhodes Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Shuman Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Steis Story Strickland Tabb Thomas Tucker, Ray M. Underwood Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Evans Hall
Houston Lee, W. J. (Bill)
Matthews, D. R. McKemie
Merritt Poss Savage
WEDNESDAY, MARCH 3, 1965
1549
Smith, A. B. Thomason Tidwell
White Wilson Mr. Speaker
On the adoption of the amendment as amended, the ayes were 47, nays 142.
The amendment was lost.
The following amendment to the committee substitute was read:
Mr. Spillers of Newton moves to amend committee substitute for HB 367 by striking Sections 1 and 2 thereof and inserting in lieu thereof a new section 1 and 2 to read as follows:
Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows:
"There shall be 205 members of the House of Representatives, and such membership shall be apportioned among the Representa tive Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter.
"District No. 1: Dade & Walker--3 Representatives.
"District No. 2: Catoosa--1 Representative.
"District No. 3: Whitfield--2 Representatives.
"District No. 4: Murray & Gilmer--1 Representative.
"District No. 5: Fannin & Union--1 Representative.
"District No. 6: Towns, Rabun & White--1 Representative.
"District No. 7: Habersham--1 Representative.
"District No. 8: Stephens--1 Representative.
"District No. 9: Chattooga--1 Representative.
"District No. 10: Ployd--4 Representatives.
"District No. 11: Gordon--1 Representative.
"District No. 12: Pickens, Dawson & Lumpkin--1 Representative.
1550
JOURNAL OF THE HOUSE,
"District No. 13: Cherokee & Forsysth--2 Representatives.
"District No. 14: Polk & Haralson--2 Representatives.
"District No. 15: Bartow & Paulding--2 Representatives.
"District No. 16: Hall--3 Representatives.
"District No. 17: Banks & Franklin--1 Representative.
"District No. 18: Gwinnett--2 Representatives.
"District No. 19: Barrow & Oconee--1 Representative. "District No. 20: Jackson--1 Representative. "District No. 21: Elbert--1 Representative. "District No. 22: Douglas--1 Representative. "Distrcit No. 23: Walton--1 Representative. "District No. 24: Clarke--2 Representatives. "District No. 25: Madison & Oglethorpe--1 Representative. "District No. 26: Wilkes & Lincoln--1 Representative. "District No. 27: Carroll--2 Representatives. "District No. 28: Heard & Coweta--2 Representatives. "District No. 29: Spalding--2 Representatives. "District No. 30: Fayette & Clayton--3 Representatives. "District No. 31: Henry--1 Representative. "District No. 32: Newton--1 Representative. "District No. 33: Greene & Morgan--1 Representative. "District No. 34: Hancock, Glascock & Taliaferro--1 Representative. "District No. 35: McDuffie, Warren & Columbia--2 Representatives. "District No. 36: Upson & Monroe--3 Representatives; "District No. 37: Troup & Harris--3 Representatives. "District No. 38: Meriwether--1 Representative. "District No. 39: Pike & Lamar--1 Representative. "District No. 40: Butts & Jasper--1 Representative. "District No. 41: Putnam & Jones--1 Representative. "District No. 42: Baldwin--2 Representatives. "District No. 43: Washington--1 Representative. "District No. 44: Jefferson--1 Representative.
WEDNESDAY, MARCH 3, 1965
1551
"District No. 45: Burke--1 Representative.
"District No. 46: Crawford & Peach--1 Representative.
"District No. 47: Wilkinson & Johnson--1 Representative.
"District No. 48: Emanuel--1 Representative.
"District No. 49: Jenkins, Screven, Bulloch & Effingham-- 3 Representatives.
"District No. 50: Chattahoochee, Marion & Webster--1 Representative.
"District No. 51: Talbot & Taylor--1 Representative.
"District No. 52: Macon, Sumter & Schley--2 Representatives.
"District No. 53: Houston--2 Representatives.
"District No. 54: Laurens--2 Representatives. "District No. 55: Wheeler, Montgomery & Treutlen--1 Representative. "District No. 56: Toombs--1 Representative. "District No. 57: Candler, Evans & Bryan--1 Representative. "District No. 58: Crisp--1 Representative. "District No. 59: Stewart, Quitman & Randolph--1 Representative. "District No. 60: Terrell & Lee--1 Representative. "District No. 61: Dooly & Pulaski--1 Representative. "District No. 62: Dodge--1 Representative. "District No. 63: Twiggs & Bleckley--1 Representative. "District No. 64: Telfair, Jeff Davis & Appling--2 Representatives. "District No. 65: Tattnall & Long--1 Representative. "District No. 66: Liberty & Mclntosh--1 Representative. "District No. 67: Wayne--1 Representative. "District No. 68: Miller, Baker & Calhoun--1 Representative. "District No. 69: Dougherty--4 Representatives. "District No. 70: Worth--1 Representative. "District No. 71: Turner & Wilcox--1 Representative. "District No. 72: Coffee & Ben Hill--2 Representatives. "District No. 73: Ware--2 Representatives. "District No. 74: Bacon & Pierce--1 Representative.
1552
JOURNAL OF THE HOUSE,
"District No. 75: Glynn--2 Representatives.
"District No. 76: Clay & Early--1 Representative.
"District No. 77: Mitchell--1 Representative.
"District No. 78: Seminole & Decatur--2 Representatives.
"District No. 79: Grady--1 Representative.
"District No. 80: Thomas--2 Representatives.
"District No. 81: Tift & Irwin--2 Representatives.
"District No. 82: Colquitt--2 Representatives.
"District No. 83: Lowndes--3 Representatives.
"District No. 84: Berrien, Brooks & Cook--2 Representatives.
"District No. 85: Lanier, Atkinson, Clinch & Echols--1 Representative.
"District No. 86: Brantley, Camden & Charlton--1 Representative.
"District No. 87: That portion of Cobb County embraced with in State Senatorial District No. 32 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 88: That portion of Cobb County embraced with in State Senatorial District No. 33 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 89: That portion of Richmond County embraced within State Senatorial District No. 22 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 90: That portion of Richmond County embraced within State Senatorial District No. 23 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. fSess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 91: Richmond--1 Representative.
WEDNESDAY, MARCH 3, 1965
1553
"District No. 92: That portion of Bibb County embraced with in State Senatorial District No. 26 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 93: That portion of Bibb County embraced with in State Senatorial District No. 27 as provided in Code Section 47102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 94: Bibb--1 Representative.
"District No. 95: That portion of Muscogee County embraced within State Senatorial District No. 15 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 96: That portion of Muscogee County embraced within State Senatorial District No. 16 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 97: That portion of Chatham County embraced within State Senatorial District No. 1 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 98: That portion of Chatham County embraced within State Senatorial District No. 2 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 99: That portion of Chatham County embraced within State Senatorial District No. 3 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 100: That portion of DeKalb County embraced within State Senatorial District No. 41 as provided in Code Section
1554
JOURNAL OF THE HOUSE,
47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127), and Rockdale County--4 Representatives.
"District No. 101: That portion of DeKalb County embraced within State Senatorial District No. 42 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--5 Representatives.
"District No. 102: That portion of DeKalb County embraced within State Senatorial District No. 43 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 103: That portion of Fulton County embraced within State Senatorial District No. 34 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 104: That portion of Fulton County embraced within State Senatorial District No. 35 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 105: That portion of Fulton County embraced within State Senatorial District No. 36 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 106: That portion of Fulton County embraced within State Senatorial District No. 37 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 107: That portion of Fulton County embraced within State Senatorial District No. 38 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
WEDNESDAY, MARCH 3, 1965
1555
"District No. 108: That portion of Fulton County embraced within State Senatorial District No. 39 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--4 Representatives.
"District No. 109: That portion of Fulton County embraced within State Senatorial District No. 40 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--3 Representatives.
"District No. 110: Hart--1 Representative.
"A candidate for the House of Representatives in a Representa tive District having more than one Representative shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Repre sentatives in such District. Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.
"The first members elected pursuant to the above apportion ment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Repre sentatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provi sions shall continue to serve until the aforesaid time. The above ap portionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their suc cessors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such succes sors and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Ballard
Bedgood Branch Brinkley
Brown, Gene DeLoach Dixon
1556
Farrar Harris, J. R. Harris, R. W. Hudgins Jones, M. Lewis, P. B. Lowrey Maddox
JOURNAL OF THE HOUSE,
Matthews, C. McDaniell McKemie Milhollin Minge Moore, J. H. Oglesby Perry
Rainey Rogers, Jimmie Smith, Chas. C. Spillers Sweat Williams, G. J.
Those voting in the negative were Messrs.:
Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Dunwody Etheridge
Floyd Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Luke Marshall Mauldin
Mauney McClelland McCracken McRae Melton Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Sewell Shea Shuman Simkins Simmons
WEDNESDAY, MARCH 3, 1965
1557
Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. E. Smith, V. T. Snow Spikes Steis Story
Strickland Tabb Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware
Watkins Watson Wells White Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Coker, R. Davis Duncan, V. W. Evans Hall Matthews, D. R.
Merritt Newton, D. L. Poss Savage Singer Smith, A. B.
Stalnaker Thomas Thomason Underwood Wilson Mr. Speaker
On the adoption of the amendment to the Committee Substitute the ayes were 31, nays 155.
The amendment was lost.
The following amendment to the committee substitute was read:
Shea of Chatham and Brooks of Oglethorpe move to amend the Committee Substitute to HB 367 as follows:
By striking the title and inserting in lieu thereof the following:
"An Act to amend Code Section 47-101, relating to the appor tionment of the membership of the House of Representatives, as amended, so as to provide for the apportionment of the membership of the House of Representatives; to provide for weighted votes; to provide for the designation of posts; to provide that Representa tives shall be elected by the voters of the entire county; to provide when the first members elected shall take office; to provide for the term of such first members; to pi-ovide for a continuation of the term of the present members of the House of Representatives; to provide for a continuation of the present apportionment of the House of Representatives until a certain time; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
By striking Sections 1 and 2 in their entirety and inserting in lieu thereof new Sections 1, 2 and 3 to read as follows:
1558
JOURNAL OF THE HOUSE,
"Section 1. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 47-101 to read as follows:
"47-101. The membership of the House of Representatives shall be apportioned among the several counties of the State as provided for hereinafter. Each county shall have the number of Representa tives, each Representative shall have the weighted vote, and the total vote of the Representative or Representatives from each such county, shall be as hereinafter provided.
No. of Representatives County
Vote of Each Total Vote of Representative Delegation
1
Echols
2
2
1
Quitman
2
2
1
Glascock
3
3
1
Webster
3
3
1
Schley
3
3
1
Taliaferro
3
3
1
Dawson
4
4
1
Long
4
4
1
Towns
5
5
1
Baker
5
5
1
Clay
5
5
1
Lanier
5
5
1
Charlton
5
5
1
Heard
5
5
1
Wheeler
5
5
1
Marion
5
5
1
Crawford
6
6
1
Treutlen
6
6
1
Brantley
6
6
1
Lincoln
6
6
1
Jasper
6
6
1
Atkinson
6
6
1
Lee
6
6
1
Bryan
6
6
WEDNESDAY, MARCH 3, 1965
1559
No. of Representatives County
Vote of Each Total Vote of Representative Delegation
1
Montgomery 6
6
1
Oconee
6
6
1
Mclntosh
6
6
1
Banks
6
6
1
Union
7
7
1
Clinch
7
7
1
Candler
7
7
1
Seminole
7
7
1
Miller
7
7
1
White
7
7
1
Evans
7
7
1
Talbot
7
7
1
Pike
7
7
1
Lumpkin
7
7
1
Calhoun
7
7
1
Warren
7
7
1
Stewart
7
7
1
Rabun
7
7
1
Putnam
8
8
1
Wilcox
8
8
1
Oglethorpe
8
8
1
Twiggs
8
8
1
Johnson
8
8
1
Fayette
8
8
1
Pulaski
8
8
1
Taylor
8
8
1
Bacon
8
8
1
Turner
8
8
1
Jones
8
8
1
Dade
9
9
1
Pickens
9
9
1
Jeff Davis
9
9
1560
JOUKNAL OF THE HOUSE,
No. of Representatives County
Vote of Each Total Vote of Representative Delegation
1
Gilmer
9
9
1
Butts
9
9
1
Jenkins
9
9
1
Irwin
9
9
1
Wilkinson
9
9
1
Bleckley
10
10
1
Pierce
10
10
1
Camden
10
10
1
Hancock
10
10
1
Effingham 10
10
1
Lamar
10
10
1
Morgan
10
10
1
Murray
10
10
1
Monroe
10
10
1
Rockdale
11
11
1
Wilkes
11
11
1
Randolph
11
11
1
Harris
11
11
1
Greene
11
11
1
Madison
11
11
1
Dooly
11
11
1
Telfair
12
12
1
Cook
12
12
1
Berrien
12
12
1
Forsyth
12
12
1
McDuffie
13
13
1
Terrell
13
13
1
Chattahoochee 13
13
1
Paulding
13
13
1
Early
13
13
1
Macon
13
13
1
Appling
13
13
WEDNESDAY, MARCH 3, 1965
1561
No. of Representatives County
Vote of Each Total Vote of Representative Delegation
1
Franklin
13
13
1
Columbia
13
13
1
Fannin
14
14
1
Ben Hill
14
14
1
Peach
14
14
1
Barrow
14
14
1
Liberty
14
14
1
Haralson
15
15
1
Screven
15
15
1
Hart
15
15
1
Brooks
15
15
1
Tattnall
16
16
1
Dodge
16
16
1
Worth
17
17
1
Douglas
17
17
1
Toombs
17
17
1
Jefferson
17
17
1
Henry
18
18
1
Crisp
18
18
1
Emanuel
18
18
1
Elbert
18
18
1
Wayne
18
18
1
Grady
18
18
1
Habersham 18
18
1
Stephens
18
18
1
Jackson
18
18
1
Washington 19
19
1
Gordon
19
19
1
Mitchell
20
20
1
Meriwether 20
20
1
Chattooga
20
20
1
Walton
20
20
1562
JOURNAL OP THE HOUSE,
No. of Representatives
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 6
Vote of Each Total Vote of County Representative Delegation
Burke
21
21
Newton
11
22
Catoosa
11
22
Coffee
11
22
Cherokee
12
24
Tift
12
24
Upson
12
24
Bulloch
12
24
Sumter
12
24
Decatur
13
26
Polk
14
28
Bartow
14
28
Coweta
14
28
Laurens
16
32
Colquitt
17
34
Baldwin
17
34
Ware
17
34
Thomas
17
34
Spalding
18
36
Carroll
18
36
Houston
20
40
Glynn
21
42
Whitfield
21
42
Gwinnett
22
44
Walker
23
46
Clarke
23
46
Clayton
23
46
Troup
24
48
Lowndes
25
50
Hall
25
50
Floyd
35
70
Dougherty 25
75
Cobb
38
114
Richmond
45
135
Bibb
47
141
Muscogee
53
159
Chatham
63
189
DeKalb
86
258
Fulton
93
558
208
3,946
WEDNESDAY, MARCH 3, 1965
1563
"A candidate for the House of Representatives in a county having more than one Representative shall designate the Repre sentative Post for which he offers as a candidate. This shall apply to all primaries and elections whatever kind. Such posts shall be designated by numbers, beginning with post number one and ending with the number equaling the total number of Representatives in such county. Each Representative must be a resident of the county which he represents and shall be elected by the voters of the entire county.
"The 3 additional members authorized for Fulton County shall be elected on May 12, 1965, and shall take office on the convening day of the session of the General Assembly on the second Monday in January of 1966. It shall not be necessary to hold elections for any other Representatives, except in the event of a vacancy, and the members presently serving shall serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967.
"Whenever the vote of a member of the House of Representa tives is referred to, involved in, or related to any statute or rule, it shall be construed and deemed to be and shall mean the weighted vote of the member as provided for in this Section.
"Whenever a provision of the Constitution refers to a vote or action necessitating a majority of the members of the House of Representatives, it shall be construed and deemed to be and shall mean that a majority of the members must vote or take action but not necessarily in the affirmative, but members possessing a majori ty of the weighted votes must vote or take action in the affirmative. Whenever a provision of the Constitution refers to a vote or action necessitating two-thirds of the members of the House of Representa tives, it shall be construed and deemed to be and shall mean that two-thirds of the members must vote or take action but not necessarily in the affirmative, but members possessing two-thirds of the weighted votes must vote or take action in the affirmative. Whenever a provision of the Constitution refers to a vote or action necessitating three-fifths of the members of the House of Repre sentatives, it shall be construed and deemed to be and shall mean that three-fifths of the members must vote or take action but not necessarily in the affirmative, but members possessing three-fifths of the weighted votes must vote or take action in the affirmative. Whenever the Senate and the House of Representatives meet in joint session for the purpose of election, each Senator shall be entitled to and shall receive 19 weighted votes."
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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
1564
JOURNAL OF THE HOUSE,
that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Ballard Beck Brackin Branch Brooks, Geo. B. Brown, Gene Bynum Clark, J. T. Colwell Davis DeLoach DeVane Dixon Dorminy Grahl Griffin Griffis
Harris, R. W. Houston Hudgins Jones, F. C. Jones, M. Knight, W. D. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Mauney McClelland McKemie McRae Milhollin Mixon Moore, J. H. Nessmith, P. Perry
Phillips, L. L. Poss Bainey Rhodes Richardson Rogers, Jimmie Ross Sewell, Dan E. Shea
Shuman Smith, Chas. C. Strickland Sweat Tidwell Tucker, J. B. White Woodward Wright
Those voting in the negative were Messrs.:
Abney Anderson Bagby Balkcom Barber Bedgood Black Blalock Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell
Carr Chandler Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dean Dickinson Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody
Etheridge Farrar Floyd Fulford Gary Hale Harrell Harrington Haris, J. F. Harris, J. R. Herndon Holder Howell Hull Hutchinson Irvin Jessup
WEDNESDAY, MARCH 3, 1965
1565
Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin McCracken McDaniell Melton Minge Mitchell Moate Moore, Don C.
Moses Murphy NeSmith, J. D.
Newton, A. S. Newton, D. L. Odom Oglesby
Otwell Overby Pafford Page Paris Parker Peterson Phillips, G. S. Pickard Pope Potts Reaves Reid Roberts Roper Rowland Rush Russell Simkins Simmons
Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Tabb Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Arnsdorff Blair Brantley Coker, R. Evans Flynt
Hall Henderson Johnson, B. Matthews, D. R. Merritt Rodgers, H. B.
Savage Smith, A. B. Thomas Thomason Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 56, nays 130.
The amendment was Lost.
The following amendment to the committee substitute was read:
Mr. Lee of Clinch moves to amend the Committee Substitute to HB No. 367 by striking all the language after "A BILL TO BE ENTITLED", and substituting in lieu thereof the following:
1566
JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, so as to provide the manner in which the members of the House of Representatives shall cast their votes; 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. Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by adding at the end thereof the following:
"The membership of the House of Representatives shall remain as presently constituted until changed by the General Assembly. However, when any vote is required to be taken of the membership of the House of Representatives, each Representative shall be entitled to one vote for each increment of population of one thousand or any fractional part thereof which his county possesses, except those Representatives which are elected from counties which have more than one Representative, in which event each Representative from such a county shall be entitled to cast his proportionate share of the county's total vote. Whenever the vote of a member of the House of Representatives is referred to, involved in, or related to any statute or rule, it shall be construed and deemed to be and shall mean the weighted vote of the member as provided for in this Section.", so that when so amended Code Section 47-101 shall read as follows:
"47-101. The membership of the House of Representatives shall be as follows: Three members each from the counties of Fulton, DeKalb, Chatham, Muscogee, Bibb, Richmond, Cobb, Dougherty; two members each from the counties of Floyd, Hall, Lowndes, Troup, Clayton, Clarke, Walker, Gwinnett, Whitfield, Glynn, Houston, Carroll, Spalding, Thomas, Ware, Baldwin, Colquitt, Laurens, Coweta, Bartow, Polk, Decatur, Sumter, Bulloch, Upson, Tift, Cherokee, Coffee, Catoosa, Newton; and one member from each of the other counties of the State.
"The vote of each Representative shall be weighted on the basis of what the percentage of his county's population bears to the total population of the State, except that in counties having two Repre sentatives such weighted vote shall be divided by two to figure the weighted vote for each such Representative, and in counties having three Representatives such weighted vote shall be divided by three to figure the weighted vote for each such Representative.
"The membership of the House of Representatives shall remain as presently constituted until changed by the General Assembly. However, when any vote is required to be taken of the membership of the House of Representatives, each Representative shall be entitled to one vote for each increment of population of one thousand or any fractional part thereof which his county possesses, except
WEDNESDAY, MARCH 3, 1965
1567
those Representatives which are elected from counties which have more than one Representative, in which event each Representative from such a county shall be entitled to cast his proportionate share of the county's total vote. Whenever the vote of a member of the House of Representatives is referred to, involved in, or related to any statute or rule, it shall be construed and deemed to beand shall mean the. weighted vote of the member as provided for in this Sec tion."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Ballard Beck Bowen, R. L. Branch Brown, Gene Byrd Colwell Davis Deloach Dixon Dorminy Griffin Griffis
Henderson Houston Hudgins Jones, F. C. Knight, W. D. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Mauney McClelland McRae Milhollin Mixon Moore, J. H. Perry
Phillips, L. L. Rainey Rhodes Rogers, Jimmie Russell Shea Shuman Stalnaker Strickland Sweat Tucker, J. B.
White Williams, W. M. Woodward
Those voting in the negative were Messrs.
Anderson Bagby Balkcom Barber Bedgood Blair Blalock Bolton Bowen, J. 0. Brinkley Brooks, Wilson Brown, M. P. Busbee Caldwell
Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Dean Dickinson Dollar
Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Hale Harrell Harrington Harris, J. F.
1568
JOURNAL OF THE HOUSE,
Harris, J. R.
Harris, R. W. Herndon Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H.
Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin
McCracken McDaniell Melton Minge Mitchell Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Peterson Phillips, G. S. Pickard Pope Poss Potts Reaves Reid Richardson Roberts
Roper Ross Rowland Rush Sewell Simkins Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Steis Story Tabb Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, W. M. Wright
Those not voting were Messrs.:
Arnsdorff Black Brackin Brantley Brooks, Geo. B. Bynum Coker, R. DeVane Evans
Flynt Hall Johnson, B. Matthews, D. R. McKemie Merritt Page Rodgers, H. B. Savage
Smith, A. B. Smith, Chas. C. Snow Thomas Thomason Wells Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 46, nays 132.
The amendment was Lost.
WEDNESDAY, MARCH 3, 1965
1569
The following amendment to the committee substitute was read:
Roper of Greene and Lambert of Morgan moves to amend Committee Substitute to HB 367 as follows:
By striking the following:
"District No. 38: Greene & Morgan--1 Representative.", and inserting in lieu thereof the following:
"District No. 38: Greene & Hancock--1 Representative."
By striking the following:
"District No. 39: Hancock & Putnam--1 Representative.", and inserting in lieu thereof the following:
"District No. 39: Morgan & Putnam--1 Representative."
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Brinkley Brooks, Geo. B. Chandler Dixon Griffin
Hudgins Laite Lambert Moore, J. H. Potts Roper
Simmons Story Watson Williams, W. M.
Those voting in the negative were Messrs.:
Abney Acree Anderson Balkcom Ballard Barber Beck Blair Bowen, J. O. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Caldwell
Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Deloach DeVane Dollar Duncan, A. C. Duncan, V. W. Etheridge
Farrar Floyd Fulford Gary Grahl Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Holder Howell Hull Hutchinson
1570
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lane, W. J. Lee, P. S. Lee, G. B. Leonard Lewis, E. B. Looper Lovett Lowrey Luke Maddox Marshall Mauney McClelland McCracken McDaniell McRae
Melton Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, G. S. Pickard Pope Rainey Reid Rhodes Richardson
Ross Rush Russell Sewell Shea Shuman Simkins Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wiggins Woodward Wright
Those not voting were Messrs.:
Alien Arnsdorff Bedgood Black Blalock Bolton Bowen, R. L. Brackin Branch Brantley Byrd Carr Clarke, H. G. Coker, R. Da vis Dean Dickinson Dorminy Doster Dunwody Evans Flynt Hale
Hall Harrington Henderson Herndon Houston Johnson, B. Jones, F. C. Kelly Lee, W. J. (Bill) Lewis, P. B. Matthews, C. Matthews, D. R. Mauldin McKemie Merritt Milhollin Mitchell Newton, A. S. Paris Phillips, L. L.
Poss Reaves Roberts
Rodgers, H. B. Rogers, Jimmie Rowland Savage Singer Smith, A. B. Smith, Chas. C. Smith, V. T. Steis Strickland Sweat Tabb Thomas Thomason Tidwell Wells White Williams, G. J. Wilson Mr. Speaker
WEDNESDAY, MARCH 3, 1965
1571
On the adoption of the amendment to the Committee Substitute the ayes were 16, nays 122.
The amendment was Lost.
The following amendments to the committee substitute were read and adopted:
Mr. Murphy of Haralson moves to amend the committee substitute to HB 367 as follows:
Moves to amend HB No. 367 (Com. Sub.) as follows:
By adding at the end of Section 1 the following:
Provided that in Representative Districts that remain the same as the county from which a Representative or Representatives was elected to serve for the period beginning on the second Monday in January, 1965 until the second Monday in January, 1967, under the laws of the State of Georgia, said Representatives shall remain in office and complete the terms they were elected for under the laws and Constitution of the State of Georgia. The Attorney General of the State of Georgia is hereby directed to petition the United States Courts to seek their permission for such Representatives to serve until the second Monday in January, 1967.
Smith of Emanuel moves to amend Committee Substitute to HB 367 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for severability".
By adding a new Section to be known as Section 1A to read as follows:
"Section 1A. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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."
1572
JOURNAL OF THE HOUSE,
The following amendment to the Committee substitute was read:
Jones of Bibb moves to amend House Bill 367 (Committee Substi tute) as follows:
SECTION 1
In those paragraphs affecting Bibb County only make the following changes:
In District 107, strike the words "2 representatives" at the end and add
"1 representative from Precincts Howard 3 Howard 4 Howard 5 Howard 6 Vineville 6 to be known as District 107-A Upper City East Macon 4 East Macon 5
and 1 representative from Precincts Rutland 2 Godfrey 2 Godfrey 4 East Macon 1 East Macon 2 to be known as District 107-B." East Macon 3 East Macon 6 East Macon 7 Lower City
In District 108, strike the words "2 representatives" and add "1 representative from Precincts
Hazzard Warrior Howard 1
WEDNESDAY, MARCH 3, 1965
1573
Howard 2 Vineville 1 Vineville 2 Vineville 3 Vineville 4 Vineville 5 Vineville 7
to be known as District 108-A
and 1 representative from Precincts Godfrey 1 Godfrey 3 Godfrey 5 Godfrey 6 Godfrey 7 to be known as District 108-B." Godfrey 8 Godfrey 9 Godfrey 10 Rutland 1
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Jones, G. Paul Jordan, Ben C. Knight, W. D. Lovett Luke
McDaniell Oglesby Rhodes Rogers, Jimmie Rowland
Simkins Smith, Chas. C. Tucker, J. B. Watkins
Those voting in the negative were Messrs.:
Acree Anderson Bagby Ballard Barber Beck Bedgood Black Bowen, J. 0.
Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Caldwell
Carr Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey
1574
JOURNAL OF THE HOUSE,
Dean DeVane Dickinson Dixon Dollar Duncan, A. C. Dunwody Etheridge Farrar Floyd Flynt Fulford Gary Grahl Griffin Hale Harrell Harris, J. F. Harris, R. W. Herndon Holder Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Knight, D. W. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard
Lewis, E. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Mauney McClelland McCracken McRae Melton Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Parris Perry Phillips, G. S. Phillips, L. L. Pickard Pope Reid
Richardson Roberts Roper Ross Rush Sewell
Shea Shuman Simmons Simpson Singer Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Sweat Tabb Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Abney Alien Arnsdorff Balkcom Blair Blalock Bolton Brackin Branch Brantley Busbee Chandler Clarke, H. G. Coker, R. Conner
Davis Deloach Dorminy Doster Duncan, V. W. Evans Griffis Hall Harrington Harris, J. R. Henderson Houston Howell Hudgins Jones, F. C.
Jordan, W. H. Kelly Lane Lee, G. B. Matthews, D. R. Mauldin McKemie Merritt Milhollin Nessmith, P. Parker Peterson Poss Potts Rainey
Reaves Rodgers, H. B. Russell Savage Smith, A. B.
WEDNESDAY, MARCH 3, 1965
1575
Smith, G. L. II Stalnaker Strickland Thomas Thomason
White Williams, G. J. Wilson Mr. Speaker
On the adoption of the amendment to the committee substitute the ayes were 14, nays 131.
The amendment was Lost.
The following amendment to the committee substitute was read:
Mr. Jones of Muscogee moves to amend Committee Substitute to HB 367 as follows:
By striking all the language relating to District No. 110, District No. Ill, and District No. 112, and inserting in lieu thereof the following:
"District No. 110: Muscogee--7 Representatives."
By renumbering the remaining Districts accordingly.
On the adoption of the amendment to the Committee Substitute the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Blair Brinkley Clark, J. T. Harris, J. R. Hudgins
Jones, M. Knight, W. D. Laite Lowrey Luke Milhollin
Oglesby Pickard Rainey Shea Simkins
Those voting in the negative were Messrs.:
Anderson Bagby Ballard Barber Beck Bedgood Black Blalock
Bolton Bowen, J. 0. Brackin Branch Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee
Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R.
1576
JOURNAL OF THE HOUSE,
Colwell Conger Conner Crowe Dailey Dean
DeVane Dickinson Dollar Dorminy Etheridge Farrar Floyd Flynt Gary Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly
Knight, D. W. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McRae Melton Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Paris Parker Phillips, G. S.
Pope Potts Reid Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Sewell Shuman Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Steis Story Tabb Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Alien Arnsdorff Balkcom Bowen, R. L. Brantley Brooks, Wilson Collins, J. F. Collins, M. Davis DeLoach Dixon Doster Duncan, A. C. Duncan, V. W.
Dunwody Evans Fulford Griffis Hall Houston Johnson, B. Jones, C. M. Jones, F. C. Lee, G. B. Maddox Matthews, D. R. McClelland McKemie Merritt
Minge Moore, J. H. Murphy Perry Peterson Phillips, L. L. Poss Reaves Rhodes Rogers, Jimmie Russell Savage Singer Smith, A. B. Smith, Chas. C.
Snow
Stalnaker Strickland Sweat Thomas
WEDNESDAY, MARCH 3, 1965
1577
Thomason
Tucker, J. B. Underwood Watkins Wells
White Wilson Mr. Speaker
On the adoption of the amendment to the Committee Substitute the ayes were 17, nays 129.
The amendment was lost.
The following amendment to the Committee substitute was read:
Mr. Dunwody of Bibb moves to amend the Committee substitute to HB 367 as follows:
By striking from the language relative to District No. 107 the following:
"2 Representatives",
and inserting in lieu thereof the following:
"1 Representative",
By striking from the language relative to District No. 108 the following:
"2 Representatives",
and inserting in lieu thereof the following:
"1 Representative".
By striking the following:
"District No. 109: Bibb--2 Representatives.", and inserting in lieu thereof the following:
"District No. 109: Bibb--4 Representatives."
On the adoption of the amendment to the committee substitute, the roll call was ordered and the vote was as follows:
1578
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Black Blair Bowen, J. O.
Bowen, R. L. Brackin Brantley Brinkley
Brooks, Wilson Brown, M. P. Bynum Caldwell Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeVane Dickinson Dixon Dollar Doster Dunwody Etheridge Farrar Fulford Gary Grahl Griffin Griffis
Hale Harrell Harris, J. R. Harris, R. W. Henderson Herndon Holder Hudgins Hull Hutchinson
Irvin Jessup Jones, C. M. Jones, M.
Knight, D. W. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Marshall Mauldin Mauney McClelland McRae Melton Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses NeSmith Newton, A. S. Newton, D. L. Odom
Otwell Overby
Paris Perry Phillips, L. L. Pickard Pope Poss Rainey Reid Richardson Roberts Rodgers Roper Rush Sewell Shea Shuman Simmons Simpspn Singer Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spillers Steis Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn Walker Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.:
Abney Alien Ballard Brooks, Geo. B. Brown, Gene
Collins, J. F. DeLoach Floyd
Harris, J. F. Johnson, Dr., A. S.
Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, W. D. Lane
Leonard Lovett Luke McCracken Mixon Moate Murphy Oglesby
Pafford Parker Phillips, G. S. Rhodes Ross Rowland
WEDNESDAY, MARCH 3, 1965
1579
Simkins Smith, Chas. C. Smith, G. L. II Snow Spikes Story
Vaughan, D. N. Ware Watkins Wright
Those not voting were Messrs.:
Bedgood Blalock Bolton Branch Busbee Byrd Carr Chandler Clarke, H. G. Conner Dorminy Duncan, A. C. Duncan, V. W. Evans
Flynt Hall Harrington Houston Howell Johnson, B. Kelly Maddox Matthews, C. Matthews, D. R. McDaniell McKemie Nessmith, P. Peterson
Potts Reaves Rogers, Jimmie Russell Savage Smith, A. B. Stalnaker Strickland Thomas Thomason White Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 123, nays 40.
The amendment was adopted.
The following amendment to the Committee substitute was read:
Mr. McKemie of Clay moves to amend Committee substitute to HB 367 as follows:
By striking from Section 1 the following:
"District No. 78: Clay, Calhoun & Baker--1 Representative.", and substituting in lieu thereof the following:
"District No. 78: Calhoun & Baker--1 Representative." By striking from Section 1 the following:
"District No. 86: Early--1 Representative.", and substituting in lieu thereof the following:
"District No. 86: Clay & Early--1 Representative."
1580
JOURNAL OF THE HOUSE,
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Balkcom Ballard Beck Bedgood Black Blair Bowen, R. L. Brackin Branch Brinkley Brown, Gene Bynum Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Flynt Fulford
Gary Grahl Griffin Harrington Harris, R. W. Henderson Herndon Holder Hudgins
Hull Irvin Jessup Johnson, Dr. A. S, Johnson, B. Jones, M. Jordan, W. H.
Kelly Knight, D. W.
Laite Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Marshall Mauney McClelland McDaniell McKemie McRae Merritt Milhollin Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Oglesby Otwell Overby
Page Perry Peterson Phillips, L. L. Pickard Potts Reaves Rhodes Richardson
Roberts Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Singer Smith, Chas. C. Smith, E. B., Jr. Snow Spillers Stalnaker Steis Tabb Thomas Tidwell Tucker, J. B. Underwood Walker Watkins Wells White Williams, G. J. Woodward Wright
Those voting in the negative were Messrs.:
Blalock Bolton Bowen, J. 0. Byrd Clarke, H. G.
Farrar Floyd Harrell Harris, J. F. Howell
Jones, G. Paul Jordan, Ben C. Knight, W. D. Lambert Lane
Lovett Lowrey Luke Matthews, C. McCracken
Minge Mixon Moore, Don C. Moses Murphy
WEDNESDAY, MARCH 3, 1965
1581
Nessmith, P. Pafford Parker Phillips, G. S. Pope
Rainey Reid Rodgers, H. B. Shuman Simkins
Simpson Spikes Story Vaughan, D. N. Ware Watson Wiggins Williams, W. M.
Those not voting were Messrs.:
Bagby Barber Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Conner Dean DeLoach Duncan, V. W. Etheridge Evans Griffis Hale
Hall Harris, J. R. Houston Hutchinson Jones, C. M. Jones, F. C. Lee, W. J. (Bill) Maddox Matthews, D. R. Mauldin Melton Mitchell Moate Odom Paris
Poss Simmons Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Strickland Sweat Thomason Tucker, Ray M. Vaughn, C. R. Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 117, nays 43.
The amendment was adopted.
The following amendment to the Committee substitute was read:
Mr. McDaniell of Cobb moves to amend the Committee substitute to HB 367 as follows:
By amending District No. 101 by adding to the words at the end of said paragraph as follows:
Except the qualified voters embraced within the city limits of the City of Marietta shall not vote for the two (2) representatives to be elected in the 32nd Senatorial District.
By amending District 102 by adding the words at the end of said paragraph as follows:
1582
JOURNAL OF THE HOUSE,
Except the qualified voters embraced within the city limits of the City of Marietta shall not vote for the two (2) representatives to be elected in the 33rd Senatorial District.
By amending District 103 by striking it in its entirety and substi tute in lieu thereof a new district 103 as follows:
District No. 103; the City of Marietta, Georgia--one (1) Repre sentative.
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Anderson Bagby Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeVane Dickinson Dollar
Doster Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Hudgins Hull Irvin Jessup Johnson Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard
Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Mauldin Mauney McClelland McCracken McDaniell McKemie
McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L.
Pope Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell
WEDNESDAY, MARCH 3, 1965
1583
Shea Shuman Simkins Simmons Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Story Sweat Tabb Tidwell
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Arnsdorff Bedgood Bolton Brackin Branch Brown, Gene Busbee
Chandler Conner De Loach Dixon Dorminy Duncan, A. C. Evans Flynt Griffis
Hall Houston Howell Hutchinson Johnson, Dr. A. S. Knight, W. D. Laite Lane Lovett Matthews, C. Matthews, D. R. Melton Newton, D. L. Odom Parker Pickard Poss
Rainey Reaves Rhodes Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Spikes Stalnaker Steis Strickland Thomas Thomason Ware Wiggins Wilson Mr. Speaker
On the adoption of the amendment to the Committee Substitute the ayes were 153, nays 0.
The amendment was adopted.
Mr. Bolton of Spalding moved that the House reconsider its action in adopting the McKemie amendment to the Committee substitute.
On the motion the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Bagby Beck
Bedgood Blair Blalock
Bolton Bowen, J. O. Bowen, R. L.
1584
Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Coker, G., Dr. Coker, R. Collins, 3. F. Collins, M. Colwell Conger Crowe Dailey Dean DeLoach Dickinson Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Floyd Gary Grahl Griffin Harrell Harris, J. F. Harris, R. W. Herndon Howell Hutchinson
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C. Moses Murphy Nessmith, P. Newton, D. L. Odom Otwell Overby
Pafford Page Parker Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reid Richardson Rodgers, H. B. Rush Sewell Shea Simkins Simmons Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Sweat Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wiggins Williams, W. M.
Those voting in the negative were Messrs.
Acree Alien Ballard Black Branch Bynum
Caldwell
Clarke, H. G.
Davis
Evans
Farrar
Fulford
Hudgins
Jones, F. C. Lee, F. S. Lowrey Mauney McKemie McRae
Milhollin
Minge
Moore, J. H.
NeSmith, J. D.
Oglesby Rainey
Rhodes
Rogers, Jimmie Ross Rowland Russell Shuman Singer
Smith, Chas. C.
Tabb
Ware
Williams, G. J.
Woodward
Wright
WEDNESDAY, MARCH 3, 1965
1585
Those not voting were Messrs.:
Anderson Arnsdorff Balkcom Barber Brackin Brantley Clark, J. T. Conner DeVane Dixon Etheridge Flynt Griffis Hale Hall Harrington Harris, J. R.
Henderson Holder Houston Hull Johnson, B. Jordan, W. H. Kelly Knight, D. W. Lee, G. B. Matthews, D. R. McClelland Mitchell Newton, A. S. Paris Perry Peterson Poss
Reaves Roberts Roper Savage Smith, A. B. Smith, G. L. II Spillers Strickland Thomas Thomason Tucker, J. B. Wells White Wilson Mr. Speaker
On the motion to reconsider, the ayes were 117, nays 38.
The motion prevailed and the House has reconsidered.
The following amendment to the Committee substitute was again read:
Mr. McKemie of Clay moves to amend Committee substitute to HB 367 as follows:
By striking from Section 1 the following:
"District No. 78: Clay, Calhoun & Baker--1 Representative.", and substituting in lieu thereof the following:
"District No. 78: Calhoun & Baker--I Representative."
By striking from Section 1 the following:
"District No. 86: Early--1 Representative.", and substituting in lieu thereof the following:
"District No. 86: Clay & Early--1 Representative."
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien
Ballard Beck
Black Brackin
1586
Branch Brown, Gene Bynum Caldwell Collins, M. Colwell Davis DeVane Dorminy Dunwody Fulford Henderson Holder
JOURNAL OF THE HOUSE,
Hudgins Johnson, B. Jordan, W. H. Knight, D. W.
Laite Lee, G. B. Leonard Lewis, E. B. Mauney McClelland McRae Milhollin Moore, J. H.
NeSmith, J. D. Newton, D. L. Rainey Rhodes Rogers, Jimmie Rowland Russell Shuman Singer Smith, Chas. C. Smith, J. R. Woodward
Those voting in the negative were Messrs.:
Bagby Bedgood Blair Blalock Bolton Bowen, J. O. Brantley Brown, M. P. Busbee Byrd Chandler Coker, G., Dr. Coker, R. Collins, J. F. Conger Crowe Dailey Dean DeLoach Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Farrar Floyd Gary Grahl
Griffin
Griffis
Harrell
Harrington
Harris, J. F.
Harris, R. W.
Herndon
Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C.
Moses
Murphy
Nessmith, P.
Odom
Oglesby
Otwell
Overby
Pafford Page Parker Phillips, G. S. Pickard Pope Poss Potts Reid Richardson Rodgers, H. B. Roper Rush Sewell Shea Simkins Simmons Simpson Smith, E. B., Jr. Spikes Spillers Steis Story Sweat Tabb Thomason Tidwell Tucker, Ray M. Vaughan, D. N.
Walker
Ware
Watkins
Watson
Wiggins
Williams, G. J.
Williams, W. M.
WEDNESDAY, MARCH 3, 1965
1587
Those not voting were Messrs.:
Abney Anderson Arnsdorff Balkcom Barber Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Carr Clark, J. T. Clarke, H. G. Conner Etheridge Evans Plynt Hale Hall
Harris, J. R. Houston Hull Jones, F. C. Kelly Lowrey Matthews, D. R. McKemie Minge Mitchell Newton, A. S. Paris Perry Peterson Phillips, L. L. Reaves Roberts Ross
Savage Smith, A. B. Smith, G. L. II Smith, V. T. Snow Stalnaker Strickland Thomas Tucker, J. B. Underwood Vaughn, C. R. Wells White Wilson Wright Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 44, nays 108.
The amendment was lost.
The following amendment to the Committee substitute was read:
Mr. Hudgins of Chattahoochee moves to amend Committee sub stitute to HB 367 as follows:
By striking from Section 1, quoted Section 47-101, under District #56, the following:
"Webster, Chattahoochee, Stewart--1 Representative" and substituting in lieu thereof the following:
"Chattahoochee--1 Representative".
By striking from Section 1, quoted Section 47-101, under District #66, the following:
"Quitman, Randolph--1 Representative" and substituting in lieu thereof the following:
"Quitman, Randolph and Stewart--1 Representative".
By striking from Section 1, quoted Section 47-101, under District #68, the following:
1588
JOURNAL OP THE HOUSE,
"Sumter--2 Representatives"
and substituting in lieu thereof the following:
"Sumter and Webster--2 Representatives".
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Ballard Beck Brackin Branch Brown, Gene Caldwell Colwell Davis DeLoach DeVane Dickinson Doster
Dunwody Grahl Hudgins Jessup Jones, M. Knight, W. D. Laite Leonard Lewis, P. B. Looper McRae Perry Rainey Rhodes
Roberts Rogers, Jimmie Roper Ross Shuman Singer Spillers Stalnaker Steis Tidwell Underwood Woodward Wright
Those voting in the negative were Messrs.:
Anderson Balkcom Barber Bedgood Blair Bowen, J. O. Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Conger Crowe Dailey Dean Dixon Dollar Duncan, A. C.
Duncan, V. W. Farrar Ployd Gary Hale Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Holder Hull Irvin Johnson, Dr. A. S. Jones, G. Paul Jordan, W. H. Lambert Lee, F. S. Lee, W. J. (Bill) Lowrey Luke Matthews, C.
Mauldin McClelland McCracken McDaniell Melton Merritt Minge Mitchell Mixon Moate Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Pafford Paris Parker Phillips, G. S. Pope Poss
Potts Reid Richardson Rush Sewell Shea Simkins Simmons
WEDNESDAY, MARCH 3, 1965
1589
Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Story Sweat Vaughn, C. R.
Vaughan, D. N. Walker
Ware Watson Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Acree Arnsdorff Bagby Black Blalock Bolton Bowen, R. L. Brinkley
Busbee Clark, J. T. Coker, R. Collins, J. F. Collins, M. Conner Dorminy Etheridge Evans Flynt Fulford Griffin Griffis Hall Harris, J. R. Houston
Howell Hutchinson Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Knight, D. W. Lane Lee, G. B. Lewis, E. B. Lovett Maddox Marshall Matthews, D. R. Mauney McKemie Milhollin Moore, J. H. Moses NeSmith, J. D. Odom Otwell Page
Peterson Phillips, L. L. Pickard Reaves Rodgers, H. B. Rowland Russell Savage Smith, A. B. Smith, Chas. C. Smith, G. L. II Snow Strickland Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Watkins Wells White Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 41, nays 92.
The amendment was lost.
The following amendment to the Committee substitute was read:
Mr. Jones of Lumpkin moves to amend Committee substitute to HB 367 as follows:
By striking the last paragraph of the language quoted as Code Section 47-101 in Section 1 of said Bill and inserting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"The first members elected pursuant to the above apportion ment shall be elected at the November General Election in 1966, and shall take office on the convening day of the session of the General Assembly of Georgia in January of 1967. Until that time, the apportionment of the House of Representatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1967 as aforesaid. Successors to such members and future successors shall be elected under the provisions of the above apportionment of the House of Representatives."
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Ballard Beck Black Branch Brown, Gene Bynum Caldwell Clarke, H. G. Coker, G., Dr. Collins Colwell Davis DeLoach DeVane Duncan, V. W. Evans Plynt Griffin Griffis Harrell Harrington Harris, R. W. Houston
Hudgins Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Knight, D. W. Knight, W. D. Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Mauney McRae Milhollin Minge Moore, Don C. Moses NeSmith, J. D. Otwell
Pafford Perry Phillips, L. L. Poss Rainey Rhodes Rogers, Jimmie Roper Ross Rush
Savage Shuman Simkins Simpson Smith, Chas. C. Smith, J. R. Spillers Strickland Sweat Thomas Thomason
Tidwell White Williams, G. J. Woodward Wright
Those voting in the negative were Messrs.:
Abney Bagby Balkcom
Barber Bedgood Blair
Blalock Bolton Bowen, J. O.
Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Carr Chandler Clark, J. T. Collins, M. Crowe Dailey Dean Dickinson Dixon Dollar Doster Duncan, A. C. Dunwody Etheridge Farrar Floyd Gary Grahl Hale Harris, J. F. Harris, J. R. Henderson Herndon Holder
WEDNESDAY, MARCH 3, 1965
1591
Howell Hutchinson Irvin Jones, M. Jordan, W. H. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Maddox Marshall Matthews, C. Mauldin McClelland McCracken McDaniel Melton Merritt Mitchell Mixon Moore, J. H. Murphy Newton, A. S. Odom Oglesby Overby Page Paris Peterson
Phillips, G. S. Pope Potts Reid Richardson Roberts Rodgers, H. B. Rowland Russell Sewell Shea Simmons Smith, E. B., Jr. Smith, V. T. Snow Spikes Steis Story Tabb Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, W. M.
Those not voting were Messrs.:
Arnsdorff Bowen, R. L. Brackin Brantley Coker, R. Conger Conner Dorminy Fulford Hall
Jessup Kelly Matthews, D. R. McKemie Moate Nessmith, P. Newton, D. L. Parker Pickard Reaves
Singer Smith, A. B. Smith, G. L. II Stalnaker Tucker, J. B. Underwood Wells Wilson Mr. Speaker
On the adoption of the amendment to the Commitee substitute the ayes were
The amendment was lost.
The following amendment to the Committee substitute was read: Messrs. White of Mclntosh, Rogers of Lang and Rush of Tattnall
move to amend the Committee substitute to HB No. 367 by striking from
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JOURNAL OF THE HOUSE,
section 1 of said substitute after the words "District No. 75: Tattnall" the words "& Long", so that said clause shall read, as amended: "District No, 75: Tattnall--1 Representative.", and by adding to Section 1 after the words "District No. 76: Liberty", the word "Long", so that said clause shall read, as amended: "District No. 76: Liberty, Long & Mclntosh--1 Representative."
On the adoption of the amendment to the Committee substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Balkcom Ballard Barber Beck Blair Brackin Branch Brantley Collins, J. F. Colwell Dailey DeLoach Evans
Griffin Griffis Harris, R. W. Herndon Knight, W. D. Lee, F. S. Leonard Lewis, E. B. Looper McRae Merritt Milhollin Moses NeSmith, J. D. Phillips, L. L.
Reid Rhodes Rogers, Jimmie Rush Russell Shuman Simpson Smith, J. R. Tabb Thomas White Williams, G. J. Woodward
Those voting in the negative were Messrs.:
Anderson Bedgood Blalock Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Bynum Byrd Caldwell Carr Chandler
Clarke, H. G. Coker, G., Dr. Conger Crowe Dickinson Dixon Dollar
Dorminy Doster Duncan, A. C. Dunwody Farrar Floyd Fulford Gary Grahl Harrell Harris, J. F. Harris, J. R. Henderson Holder Howell Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M.
Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Lambert Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, C. Mauldin McCracken Melton Minge Mitchell Mixon
Moate Moore, Don C. Moore, J. H. Murphy Newton, D. L. Odom Oglesby Overby Pafford Page Paris Parker Peterson
WEDNESDAY, MARCH 3, 1965
1593
Phillips, G. S. Pope Poss Potts Richardson Rowland Sewell Simkins Simmons Singer Smith, E. B., Jr. Smith, G. L. II Smith, V. T.
Spikes Spillers Steis Story Sweat Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, W. M.
Those not voting were Messrs. :
Acree Arnsdorff Bagby Black Bowen, R. L. Brooks, Wilson Busbee Clark, J. T. Coker, R. Collins, M. Conner Da vis Dean DeVane Duncan, V. W. Etheridge Flynt Hale Hall Harrington
Houston Hudgins Irvin Jones, F. C. Laite Lane Maddox Matthews, D. R. Mauney McClelland McDaniell McKemie Nessmith, P. Newton, A. S. Otwell Perry Pickard Rainey Reaves Roberts
Rodgers, H. B. Roper Ross Savage Shea Smith, A. B. Smith, Chas. C. Snow Stalnaker Strickland Thomason Tidwell Tucker, J. B. Underwood Watkins Wells Wilson Wright Mr. Speaker
On the adoption of the amendment to the Committee substitute the ayes were 43, nays 102.
The amendment was lost.
The following amendment to the Committee substitute was read:
Mr. Rowland of Johnson moves to amend Committee substitute for HB 367 as follows:
By striking from Section 1 the following:
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JOURNAL OF THE HOUSE,
"District No. 48: Washington--1 Representative", and substituting in lieu thereof the following:
"District No. 48: Johnson & Washington--2 Representatives".
By striking from Section 1 the following:
"District No. 53: Twiggs, Wilkinson & Johnson--2 Repre sentatives",
and substituting in lieu thereof the following:
"District No. 53: Twiggs & Wilkinson--1 Representative".
On the adoption of the amendment to the Committee substitute the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Ballard Barber Beck Black Bolton Brantley Brinkley Brown, Gene Brown, M. P. Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Crowe Dixon Dorminy Dunwody Evans Fulford Griffis Harris, J. R. Herndon
Holder Houston Hudgins Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. Mi Jones, G. Paul Jones, M. Jordan, W. H. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lowrey Mauney McCracken McRae Milhollin Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell
Overby Pafford Paris Parker Perry Phillips, L. L. Pickard Poss Rainey Rhodes Rowland Rush Shea Simmons Simpson Singer Stalnaker Tabb Thomas Thomason Tucker, Ray M. Underwood Vaughn, C. R. Williams, W. M. Woodward
Those voting in the negative were Messrs.:
Alien Balkcom Bedgood Blalock
Bowen, J. 0. Branch Busbee Bynum
Byrd Caldwell Coker, G., Dr. Cohvell
WEDNESDAY, MARCH 3, 1965
1595
Conger Dailey DeLoach, D. J. Dickinson Dollar Doster Duncan, A. C. Farrar Floyd Gary Grahl Harrell Harris, J. F. Harris, R. W. Hutchinson Kelly Lambert Lee, W. J. (Bill) Leonard, G. H.
Lewis, E. B. Lewis, P. B. Looper Luke Maddox Matthews, C. Mauldin McDaniell Moore, Don C. Moore, J. H. Odom Oglesby Page Potts Richardson Rogers, Jimmie Ross Russell Savage
Sewell Shuman Simkins Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Steis Story Tidwell Vaughan, D. N. Walker Ware Watkins Watson White Wright
Those not voting were Messrs.:
Bagby Blair Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson Carr Chandler Coker, R. Conner Davis Dean DeVane Duncan, V. W. Etheridge Flynt Griffin Hale Hall Harrington
Henderson Howell Hull Irvin Jones, F. C. Jordan, Ben C. Knight, D. W. Laite Lovett Marshall Matthews, D. R. McClelland McKemie Melton Merritt Minge Mitchell Mixon Moate Peterson
Phillips, G. S. Pope Reaves Reid Roberts Rodgers, H. B. Roper Smith, A. B. Smith, G. L. II Smith, V. T. Snow Strickland Sweat Tucker, J. B. Wells Wiggins Williams, G. J. Wilson Mr. Speaker
On the adoption of the amendment to the Committee substitute, the ayes were 77, nays 68.
The amendment was adopted. Mr. Carr of Washington stated that he would like to be recorded as voting "nay".
The Committee substitute as amended, was adopted.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Anderson Bagby Balkcom Barber Bedgood Blair Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, M. P. Busbee Byrd Caldwell Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Conger Conner Crowe Dailey Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Flynt Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W.
Henderson Herndon Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Maddox Marshall Matthews, C. Mauldin McCracken McDaniell Melton Merritt Milhollin Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby
Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Roberts Rodgers, H. B. Ross Rowland Russell Sewell Shea Simmons Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
WEDNESDAY, MARCH 3, 1965
1597
Those voting in the negative were Messrs.
Acree Alien Ballard Beck Black Blalock Branch Brantley Brooks, Wilson Bynum Clarke, H. G. Colwell Davis DeLoach Etheridge Fulford
Gary Griffin Hudgins Johnson, B. Jones, G. Paul Jones, M. Knight, W. D. Lee, G. B. Lewis, P. B. Looper Lowrey Luke Matthews, D. R. Mauney McClelland McRae
Minge Pafford Perry Rainey Rhodes Richardson Rogers, Jimmie Rush Savage Shuman Simkins Smith, Chas. C. Smith, J. R. Wells White Woodward
Those not voting were Messrs.:
Arnsdorff Brown, Gene Carr DeVane Evans
Hall Houston McKemie Roper Smith, A. B.
Strickland Thomason Tidwell Wilson Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 141, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Messrs. Blalock of Coweta, and Lewis of Wilkinson stated that they in advertently voted "Nay" and would like to be recorded as voting "Aye".
Mr. Roper of Greene stated that he was out of the House at the time the roll was called but had he been present he would have voted "Aye" on HB 367.
The following explanation was received from Rep. John Anderson of Pulaski as to his voting on HB 367:
Being interested in voting for a plan for reapportionment which would retain the House at its present size, as well as a plan which most students of constitutional government believed would meet with the court's approval, I supported the Committee substitute, HB 367, which retained the House membership at 205 members.
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JOURNAL OF THE HOUSE,
I voted against the Matthews substitute to HB 367 which would provide for a house of 252 members, because the tolerance or ratio be tween counties was not in proper balance, and was in reality opposed to the language of the District Court's order, and would have left the reapportionment of the House up to the Federal Court, and I, feel that responsible representatives should meet the task of reapportionment, and vote for the plan which will most likely meet the requirements set down by the Court, and at the same time retain as much representation as is realistically feasible.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock a.m. tomorrow.
THURSDAY, MARCH 4, 1965
1599
Representative Hall, Atlanta, Georgia Thursday, March 4, 1965
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 Rev. Wade H. Lord, Pastor, Plat Shoals Baptist, Hartwell, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The Speaker asked unanimous consent that the Rules be suspended in order that all Bills and Resolutions introduced today could be read for the first time and referred to the Committees;
The consent was granted and the Rules were suspended.
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JOURNAL OF THE HOUSE,
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 4, 1965, and submits the following:
HB
65. Brokers, licensing requirements
HB 103. Income Tax, exemptions
HB 227. Motor Vehicles, operating under the influence of liquor
HB 254. Sterilization, authorized by Doctors of Medicine
HB 341. Alcoholic Beverages, offenses HB 350. State & County Elections, Justice of Peace (Postponed) HB 378. Executions, entry on docket
HB 384. Fishing License, increase HB 386. Confiscation of Weapons HB 433. Building and Loan Act, Amend
HB 452. Tax Executions, Time HB 468. Development Corporation, create HB 485. Cardiac Condition, identification HB 509. Liability of Insurer HB 510. Liability of Insurer HB 519. Dairy Inspection Act, Amend HB 524. Vaccine Permit Act HB 525. Juvenile Courts, Amend HB 534. Telephone, Telegraph, charges HB 551. Adoption, outside state HB 559. Liable Suits for Damage HB 560. Insurance Companies, increase tax HB 568. Superior Court Judges, salary HB 581. Motor Vehicle, responsibility HB 582. Stone Mountain Judicial Circuit, Judges HB 600. Retirement System, credit HR 194-478. Local Legislation, advertising
HR 201-485. Convey Property, Cook County HR 210-558. Lease Land, Cobb County
THURSDAY, MARCH 4, 1965
1601
HR 211-558. Convey Property, Glynn
HR 215-576. Convey Property, Grady County
SB
34. Hospital Advisory Council, members
SB
72. Solicitor-General emeritus
SB
76. Pardon and Paroles, conditional release
SB
98. Milk Control Act, Amend
SB 102. Rapid Transit Authority
SR
7. Home Rule for Counties (Postponed)
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted, Bolton of Spalding Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees: HB 652. By Mr. Russell of Thomas:
A Bill to be entitled an Act to provide that all motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties; and for other purposes.
Referred to the Committee on Ways and Means.
HR 235-652. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to pro vide for the appointment of members of the Echols County Board of Education on a district basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 653. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to remove the provisions requiring the recommenda tion of one grand jury in each county affected before the courts in this State having jurisdiction to try cases in which parties are charged with violation of State, local or municipal traffic laws or ordinances may retain jurisdiction of cases initiated in said courts; and for other pur poses.
Referred to the Committee on Judiciary.
1602
JOURNAL OF THE HOUSE,
HB 654. By Messrs. Harris, Bowen and Farrar of DeKalb:
A Bill to be entitled an Act to amend the Act creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County, so as to provide pension benefits for certain professional employees; and for other purposes.
Referred to the Committee on Local Affairs.
HR 236-654. By Mr. Tabb of Miller:
A Resolution proposing an amendment to the Constitution so as to create the Miller County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 655. By Messrs. Brooks, Etheridge and McClelland of Fulton, Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to amend the Act to provide a system of pensions for officers and employees of cities having a population of more than 150,000, so as to provide for the transfer of funds and matching funds credited to the account of any member who is trans ferred to the county in which such city is located in whole or in part; and for other purposes.
Referred to the Committee on Local Affairs.
HB 656. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to place the coroner of Walker County upon a monthly salary; and for other purposes.
Referred to the Committee on Local Affairs.
HR 237-656. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Resolution to establish a Local Government Commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; and for other purposes.
Referred to the Committee on Local Affairs.
HB 657. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, when such equipment is being
THURSDAY, MARCH 4, 1965
1603
operated upon a public road or highway during daylight hours within a certain radius of the owner's residence; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 238-657. By Messrs. Newton of Colquitt, Irvin of Habersham and Carr of Washington: A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State govern ment and the costs incurred by local governments in operating the public schools of Georgia; and for other purposes.
Referred to the Committee on Rules.
HB 658. By Mr. Harris of DeKalb: A Bill to be entitled an Act to authorize the DeKalb County Board of Education to employ a firm of auditors to audit the books and affairs of the DeKalb County School System; and for other purposes.
Referred to the Committee on Local Affairs.
HB 659. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system, so as to provide for the addition of two members to the Board of Trustees of the Teachers' Retirement System; and for other purposes.
Referred to the Committee on Education.
HR 239-659. By Mr. Pope of Cherokee: A Resolution authorizing the conveyance of certain State property located in Cobb County; and for other purposes.
Referred to the Committee on Highways.
HB 660. By Mr. Byrd of Walton: A Bill to be entitled an Act to provide that any local or special law enacted by the General Assembly of Georgia to increase the salary of any county officer shall become effective at the beginning of the succeeding term of office of such officer; and for other purposes.
Referred to the Committee on Judiciary.
1604
JOURNAL OF THE HOUSE,
HB 661. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff and the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 662. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Strickland of Evans moved that the following Bill of the House be engrossed:
HB 663. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State so as to provide that farming equipment may exceed the prescribed width, length or height without requiring a special permit, when such equipment is being operated upon certain public roads or highways during daylight hours within a certain radius of the owner's residence; and for other purposes.
On the motion to engross, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorfl Ballard Barber Beck Bedgood Bowen, J. O. Bowen, R. L. Brackin Brantley Brown, Gene
Brown, M. P. Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey
Davis Dean DeVane Dickinson Dollar Dorminy Duncan, A. C. Flynt Fulford Gary Grahl Griffis Harrell Harris, J. R.
Harris, R. W. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney
THURSDAY, MARCH 4, 1965
McCracken McRae Milhollin Minge Mixon Moore, Don C. Moses Murphy Nessmith, P. Newton, A. S. Oglesby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper
1605
Ross Russell Shea Simkins Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Walker Ware Watson White Wiggins Williams, G. J. Wilson, Hoke Woodward Wright
Voting in the negative was Mr. W. M. Williams.
Those not voting were Messrs.:
Bagby Balkcom Black Blair Blalock Bolton Branch Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Caldwell Chandler Coker, G., Dr. DeLoach Dixon Doster Duncan, V. W.
Dunwody Etheridge Evans Farrar Floyd Griffin Hale Hall Harrington Harris, J. F. Houston Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, Ben C. Kelly Laite
Lane Lee, G. B. Lewis, E. B. Maddox McClelland McDaniell McKemie Melton Merritt Mitchell Moate Moore, J. H. NeSmith, J. D. Newton, D. L. Odom Otwell Overby Pickard
1606
Rainey Rogers, Jimmie Rowland Rush Savage Sewell Shuman
JOURNAL OF THE HOUSE,
Simmons Singer Smith, A. B. Smith, Chas. C. Smith, V. T. Sweat Tabb
Thomas Vaughn, C. R. Vaughan, D. N. Watkins Wells Mr. Speaker
On the motion to engross, the ayes were 129, nays 1.
The motion prevailed and HB 663 was ordered engrossed and referred to the Committee on Highways.
HB 664. By Mr. Looper of Dawson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 665. By Mr. Mixon of Irwin: A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HR 240-665. By Mr. Smith of Grady: A Resolution creating a study committee on municipal and county
governments and to study the feasibility of revising the tax laws and statutes of the State; and for other purposes. Referred to the Committee on Rules.
HB 666. By Mr. Vaughn of Rockdale: A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1963-64 and the fiscal year 1964-1965, so as to clarify provisions relating to the purposes of ap propriations for the Legislative Branch; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolution of the House was read the second time:
THURSDAY, MARCH 4, 1965
1607
HB 646. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend Section 84-1031 of the Code of Georgia to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; and for other purposes.
HB 647. By Mr. Walker of Lowndes:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to authorize full-time tax as sessors and employees thereof in counties which have conducted a property valuation and tax equalization program to become members of the Employees' Retirement System of Georgia; and for other purposes.
HB 648. By Mr. Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities of this State, so as to require from each municipality an accounting of the expenditure of those funds distributed to them; and for other purposes.
HR 234-648. By Messrs. Lowrey of Floyd, Newton of Colquitt and Milhollin of Coffee:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to enact legislation classifying certain lands used for growing of timber, farm products and other agricultural and horticultural products into such class or classes of property as it may deem necessary for ad valorem property tax purposes and to pro vide for an alternative and exclusive method or methods of taxing such products; and for other purposes.
HB 649. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend Code Section 92-4105 relating to the exemption of certain salesmen and merchants from municipal taxa tion, so as to remove therefrom those provisions which provide that said exemptions shall not apply to certain counties; and for other purposes.
HB 650. By Messrs. Newton of Colquitt and Milhollin of Coffee:
A Bill to be entitled an Act to provide that any person whose business is the commerical application of insecticides, fungicides, or herbicides either by aircraft or ground equipment shall be required to be licensed by the Commissioner of Agriculture; and for other purposes.
HB 651. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Taylor County, known as the fee system; and for other purposes.
1608
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 substitute by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski and others: A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; 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 287. By Mr. Richardson of Chatham: A Bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, com missions or organizations except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; and for other purposes.
HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes.
HB 408. By Mr. Bynum of Rabun:
A Bill to place the sheriff of Rabun County upon an annual salary; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 22. By Mr. Jones of Muscogee:
A Bill to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign
THURSDAY, MARCH 4, 1965
1609
country or state through an action in which the wife was not personally served; and for other purposes.
HB 121. By Mr. Irvin of Habersham:
A Bill to amend an Act relating to the incorporation of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes.
HB 181. By Mr. Dickinson of Douglas:
A Bill to amend an Act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, known as the fee system, so as to provide that fees earned prior to the effective date of this Act, and not yet collected, shall belong to the officers who earned them; and for other purposes.
HB 258. By Mr. Irvin of Habersham:
A Bill to amend an Act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the Mayor and Council of said Town; and for other purposes.
HB 268. By Mr. Moore of Polk:
A Bill to amend an Act creating and establishing law libraries in counties having a population of not less than 30,500 nor more than 31,000, so as to change the population and census figures appearing therein; and for other purposes.
HB 304. By Mr. Tidwell of Crawford: A Bill to abolish the present method of compensating the Sheriff of Crawford County known as the fee system; and for other purposes.
HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Dade and Brooks of Fulton: A Bill to amend an Act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes.
HB 315. By Messrs. Conger and Dollar of Decatur: A Bill to amend an Act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city man ager; and for other purposes.
1610
JOURNAL OF THE HOUSE,
HB 323. By Messrs. Conger and Dollar of Decatur:
A Bill to amend an Act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes.
HB 443. By Mr. Harrell of Fayette:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, known as the fee system; and for other purposes.
HB 444. By Mr. Harrell of Fayette: A Bill to abolish the present method of compensating the Ordinary of Fayette County, known as the fee system; and for other purposes.
HB 445. By Mr. Harrell of Fayette: A Bill to abolish the present method of compensating the Clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes.
HB 446. By Mr. Harrell of Fayette: A Bill to abolish the present method of compensating the sheriff of Fayette County, known as the fee system; and for other purposes.
HB 447. By Mr. Harrell of Fayette:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Fayette County, so as to make a typographical correction; and for other purposes.
HB 454. By Mr. Crowe of Worth:
A Bill to amend an Act relating to the establishment of a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700 so as to change the qualifications of the judge of such court; and for other purposes.
HB 455. By Mr. Brantley of Candler:
A Bill to amend an Act establishing the city court of Metter, so as to change the method of filling vacancies in the office of judge; and for other purposes.
THURSDAY, MARCH 4, 1965
1611
HB 460. By Messrs. Harris, Bowen and Farrar 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 461. By Mr. Walker of Lowndes:
A Bill to amend the Charter of the City of Valdosta so as to change the corporate limits of said city; and for other purposes.
HB 462. By Mr. Rainey of Crisp:
A Bill to amend an Act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a Mayor and Council; and for other purposes.
HB 464. By Messrs. NeSmith of Meriwether and McRae of Talbot:
A Bill to amend an Act incorporating the City of Manchester, so as to change the method and procedure of electing the board of Commis sioners; and for other purposes.
HB 466. By Messrs. Gary and Lee of Clayton:
A Bill to amend an Act incorporating the City of Riverdale, so as to make provisions for the City governing authority to secure group in surance for the employees of the City of Riverdale; and for other purposes.
HB 470. By Mr. Thomas of Wayne:
A Bill to amend an Act creating a new Charter for the City of Odum, so as to authorize the Mayor and Council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of Odum in and to a certain abandoned portion of Mershon Street; and for other purposes.
HB 481. By Messrs. Caldwell and Page of Upson:
A Bill to amend an Act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collec tion of ad valorem taxes on all property for the ordinary current ex penses of said city such tax as they may deem necessary and proper; and for other purposes.
1612
JOURNAL OF THE HOUSE,
HB 482. By Messrs. Caldwell and Page of Upson:
A Bill to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Thomaston shall not be affected by the provisions of Code Section 92-4101 through 4104; and for other purposes.
HB 489. By Messrs. Blalock and Potts 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 salary allowance of the sheriff's deputies and jailers; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 75. By Senators Broun of the 46th, Rowan of the 8th, Webb of the llth and others:
A Bill to amend the Georgia Election Code, relating to the comprehen sive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices; and for other purposes.
SB 93. By Senator Kidd of the 25th:
A Bill to amend Code Section 34-802, relating to certain public of ficials being elected at the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other purposes.
SB 108. By Senator Rowan of the 8th:
A Bill to encourage landowners to make land and water areas available to the public by limiting the liability in connection therewith; and for other purposes.
SB 127. By Senator Kendrick of the 32nd:
A Bill to authorize boards of education of certain counties to enter into contracts for group life, health or accident insurance, covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes.
THURSDAY, MARCH 4, 1965
1613
SB 139. By Senator Kendrick of the 32nd:
A Bill to amend Code Section 40-1812, relating to the duty of the De partment of Audits and Accounts; so as to provide that the local boards of education shall be authorized to have an audit made of books, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes.
SB 148. By Senator Kidd of the 25th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, approved Dec. 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to provide that all members of the Board of Commissioners of Roads and Revenues for the County of Baldwin shall be elected by the voters of the entire County; and for other purposes.
SB 159. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend an Act to create the Georgia Historical Commission, approved Feb. 21, 1951 (Ga. L. 1951, pp. 789-794), as amended so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; to repeal conflicting laws; and for other purposes.
SB 151. By Senators McKenzie of the 17th, Hill of the 29th and Bateman of the 27th:
A Bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", approved March 30, 1961 (Ga. L. 1961, p. 301), as amended, so as to authorize membership on the various commissions of members of the General Assembly; and for other purposes.
SB 160. By Senator Webb of the llth:
A Bill to amend Code Section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; to repeal conflicting laws; and for other purposes.
SB 162. By Senators Webb of the llth, Carter of the 14th, Plunkett of the 30th and Broun of the 46th:
A Bill to amend an Act creating the Georgia Educational Improvement Council, approved March 8, 1964 (Ga. L. 1964, p. 711), so as to provide for additional members; to provide for the appointment of such mem bers; to provide the procedure connected therewith; and for other purposes.
1614
JOURNAL OF THE HOUSE,
SB 131. By Senators Bateman of the 27th, and Pennington of the 45th:
A Bill to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act; approved Aug. 28, 1929 (Ga. L. 1929, p. 280; Ga. Code 42-512); and for other purposes.
SB 106. By Senator Dean of the 6th:
A Bill to amend Code Section 74-9902, relating to abandonment of children and the penalty therefor, as amended, so as to change the penalty provisions regarding abandonment; to repeal conflicting laws; and for other purposes.
SR 69. By Senator Dean of the 6th: A Resolution to relieve I. E. Reddish as security on a bond; and for other purposes.
SB 26. By Senator Webb of the llth: A Bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved Oct. 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7); and for other purposes.
SB 157. By Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43rd: A Bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of Judges in said Circuit to four; and for other purposes.
Mr. Harris of DeKalb County Vice-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 589. Do Pass. HB 649. Do Pass. HB 648. Do Pass. SB 38. Do Pass as amended. HB 640. Do Pass. SB 62. Do Pass. SB 87. Do Pass.
THURSDAY, MARCH 4, 1965
1615
Respectfully submitted, Harris of DeKalb Vice-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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 618. Do Pass. HB 584. Do Pass HB 580. Do Pass by Committee Substitute
Respectfully submitted, Bolton of Spalding Vice-Chairman.
Mr. Bagby of Paulding 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 526. Do Pass. HB 628. Do Pass.
Respectfully submitted, Bagby of Paulding Chairman.
By unanimous consent, the following bills and resolution of the House and Senate were taken up for consideration and read the third time:
HB 634. By Mr. Fulford of Terrell: A Bill to be entitled an Act to abolish the present method of compensat ing the sheriffs in certain counties known as the fee system, to provide in lieu thereof an annual salary to the sheriffs, and for other purposes.
1616
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 635. By Mr. McRae of Talbot: A Bill to be entitled an Act to amend an Act incorporating the City of Woodland, so as to provide for the closing of a certain street 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 636. By Messrs. Lowrey and Minge of Floyd: A bill to be entitled an Act to amend an Act repealing an Act entitled "An Act to provide uniformity in the compensation of boards of com missioners of roads and revenues in Ployd County," so as to change the percentage of the contract price which the board shall be authorized to pay to a contractor before completion of the contract and for other purposes.
The report 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 637. By Messrs. Knight and Lovett of Laurens: A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to change the hours for which the polls shall remain open for municipal elections, and for other purposes.
THURSDAY, MARCH 4, 1965
1617
The report 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 639. By Mr. Tabb of Miller:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Miller County, known as 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 619. By Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, so as to change the provisions in regard to the use of baskets for the taking of rough fish, and for other purposes.
The report 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 621. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary, and for other purposes.
1618
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 623. By Messrs. Brooks, Etheridge and McClelland 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 of said Circuit, so as to fix the compensa tion of the Solicitor-General 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 624. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Cordele, so as to authorize the governing authority to convey any interest in real property owned by the city under certain circumstances, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on local Affairs moves to amend HB 624 as follows:
By adding to subsection (c) of Section B7C, after the word "vendor" and before the words "of the property" the words "or grantor".
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 118, nays 0.
THURSDAY, MARCH 4, 1965
1619
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 627. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to provide that the Sheriff of Ben Hill County, shall be placed 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 630. By Mr. Bagby of Paulding: A Bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff, Ordinary and the Coroner of Paulding 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 631. By Mr. Smith of Grady: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Grady County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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.
1620
JOURNAL OP THE HOUSE,
HB 594. By Mr. White of Mclntosh:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, and the Tax Commissioner of Mclntosh County, known as the fee system, to provide in lieu thereof annual salaries, and for other purposes.
The report 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 595. By Messrs. Caldwell and Page of Upson: A Bill to be entitled an Act to place the sheriff of Upson County upon an annual 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 597. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act fixing the salary of the treasurer of Haralson County, so as to increase the compensation of the Treasurer, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, MARCH 4, 1965
1621
HB 598. By Mr. Brantley of Candler:
A Bill to be entitled an Act to abolish the present mode of compensation of the sheriff of Candler County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 603. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled an Act to incorporate the Town of Statesville, so as to change the corporate limits of said town, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 604. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Echols County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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.
1622
JOURNAL OF THE HOUSE,
HB 632. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend an Act to create a board of com missioners of roads and revenues for the County of Grady, so as to define the manner of fixing the salary of the Chairman of the board, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 606. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to abolish the present method of compensat ing the sheriff of Wilkinson County, known as the fee system, and to provide in lieu thereof an annual salary 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 607. By Mr. Lewis of Wilkinson:
A Bill to be entitled an Act to abolish the present method of compensat ing the ordinary of Wilkinson County, known as the fee system, to provide in lieu thereof an annual salary for 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 118, nays 0.
THURSDAY, MARCH 4, 1965
1623
The Bill, having received the requisite constitutional majority, was passed.
HB 609. By Messrs. Moore and Dean of Polk:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cedartown, so as to change the tax millage rate, and for other purposes.
The report 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 610. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazelhurst, so as to provide for the taxation of life insurance companies doing business within 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 611. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazelhurst, so as to authorize the use of voting machines, in all municipal 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 118, nays 0.
1624
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 612. Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hazelhurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 613. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to implement the constitutional amendment creating the "Emanuel County Development Authority", to provide for definition and to provide for the scope and jurisdiction 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 605. By Mr. McKemie of Clay:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Fort Gaines, 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.
THURSDAY, MARCH 4, 1965
1625
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 602. By Mr. DeLoach of Echols:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the Town of Statesville, so as to reincorporate the Town of Statesville as the City of Statenville, and for other purposes.
The following Committee amendment was read and adopted:
Committee of Local Affairs moves to amend HB No. 602, as follows:
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. For the purpose of raising revenues for the support and maintenance of said city, the city council shall have full power and authority to levy, assess, and collect for the ordinary current expenses of said corporation, an ad valorem tax on all property, real, personal, and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed ten mills on each dollar of taxable value, exclusive of amounts required and sufficient to provide a sinking fund for the purpose of paying the principal and interest on the bonded indebted ness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond interest and sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies."
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
1626
JOURNAL OF THE HOUSE,
HB 622. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 622 as follows:
By striking from Section 1 the following, "three thousand six hundred ($3,600.00) dollars per annum", and inserting in lieu thereof the following, "five thousand four hundred ($5,400.00) dollars per annum".
By adding at the end of Section 1 a new paragraph (e) to read as follows:
"(e) Effective March 1, 1966, the jailer appointed by the Sheriff shall be compensated in the amount of seventy-five ($75.00) dollars per month from the funds of Greene County in lieu of turnkey fees."
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 643. By Messrs. Peterson and Stalnaker of Houston: A Bill to be entitled an Act to create in and for the County of Houston the City Court of Warner Robins, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 643 as follows: By striking from Section 36 that sentence which reads as follows:
THURSDAY, MARCH 4, 1965
1627
"The date for such election shall be May 12, 1965.", and substituting in lieu thereof the following:
"The date for such election shall be fixed by said governing authority so as to coincide with any countywide election conducted within Houston County between May 12, 1965, and October 1, 1965. In the event there shall be no such election conducted within Houston County within the specified dates above, the governing authority shall fix the date of such election at any time between said dates."
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 114. By Senator Edenfield of the 4th:
A Bill to be entitled an Act to amend an Act placing the solicitorGeneral of the Ogeechee Judicial circuit on an annual salary, so as to increase the compensation of the solicitor-general of the Ogeechee 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 126. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to revise all the laws relating to Municipal Court of Augusta, Georgia, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1628
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 213-569. By Mr. Fulford of Terrell:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school superintendent of Terrell County by the board of education of Terrell 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, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The board of education of Terrell County shall be composed of two members from the county at large and one member from each of the five education districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county. Any person, in order to be eligible for membership on the board, shall be registered and eligible to vote for members of the General Assembly from Terrell County, shall have resided in Terrell County for at least one year immediately preceding the date of the election and, with the exception of the members at large, shall have resided in the education district hereinafter designated from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the board of education of Terrell County from education districts, Terrell County is hereby divided into five education districts as follows:
"Education District No. 1 shall be composed of all that territory contained within Militia District No. 1750 (Graves), Militia District No. 1150 (Dover), and Militia District No. 1459 (New Eleventh).
"Education District No. 2 shall be composed of all that territory contained within Militia District No. 1673 (Sasser) and Militia District No. 909 (Herod).
"Education District No. 3 shall be composed of all that territory contained within Militia District No. 1143 (Brownwood).
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"Education District No. 4 shall be composed of all that territory contained within Militia District No. 1470 (Parrott) and Militia District No. 811 (Twelfth).
"Education District No. 5 shall be composed of all that territory contained in Militia District No. 1154 (Dawson).
"At the general election in November of 1968, the seven mem bers of the board of education of Terrell County shall be elected for terms of office as hereinafter provided. One member shall be elected from each of the education districts hereinabove described and two members shall be elected from the county at large. The members elected from Education Districts Nos. 1, 2, and 3 shall be elected for terms of office of four years each and until their suc cessors are elected and qualified. The members elected from Edu cation Districts Nos. 4 and 5 and the two members elected from the county at large shall be elected for terms of office of two years each and until their successors are elected and qualified. All such members shall take office on January 1, 1969. Thereafter, all members shall be elected for terms of office of four years each and until their successors are elected and qualified and shall be elected at the general election in the year of the expiration of their terms of office. All such members shall take office on the first day of January immediately following their election.
"In the event a vacancy occurs on the board for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs, except for the at large members who shall be elected from the entire county, and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, or county, in case of an at large member, a vacancy shall exist on said board and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the board shall elect one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board.
"The board of education in existence at the time of the ratifi cation of this amendment shall continue in existence through December 31, 1968, and the terms of office of all members on such board shall expire at that time and such board of education shall stand abolished. The board created herein shall be the successor to such abolished board and such boards and the members thereof shall be subject to all constitutional and statutory provisions relative to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amend ment.
"The board of education created herein shall elect the county school superintendent, who shall serve at the pleasure of the board. The person elected as county school superintendent in 1964, or his successor, shall serve through December 31, 1968, and the board
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shall elect a superintendent who shall take office on January 1, 1969. The superintendent shall serve at the pleasure of the board. No election of a county school superintendent by the people shall be held in 1968. The county school superintendent elected by the board shall be subject to all constitutional and statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( NO (
) Shall the Constitution be amended so as to provide for the election of members of the board of education
) of Terrell County by the people and for the elec tion of the county school superintendent of Terrell County by the borad of education of Terrell Coun ty?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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:
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1631
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Brinkley Brooks, Wilson Brown, Gene Busbee Byntim Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Deloach DeVane Dickinson Dixon Dollar Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W.
Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Johnson, Dr., A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Page
Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simkins Singer Smith, Chas. C. Snow Spikes Spillers Stalnaker Steis Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
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Those not voting were Messrs.:
Bagby Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, M. P. Caldwell Chandler Clark, J. T. Dailey Dean Dorminy Doster Duncan, A. C. Griffin
Griffis Hall Harrington Jessup Johnson, B. Jordan, W. H. Kelly Lambert Lane Lee, F. S. Matthews, D. R. McClelland Melton Moore, J. H. Nessmith, P. Newton, D. L. Otwell Pafford
Rainey Roper Shuman Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Story Strickland Thomason Tucker, J. B. Wells Mr. Speaker
On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HB 608. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver of Appling County on an annual salary in lieu of the fee system, so as to change the compensation of the secretary of the sheriff of Appling County, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 608 as follows:
By inserting in the title between the words "license plates" and the words "to designate" the following:
"To provide that in the event the tax collector of Appling County should receive and retain any fees or compensation whatso ever from the State of Georgia or any political subdivision thereof other than Appling County, the compensation to be paid such county officer shall be reduced by the sum of any such fees and compensa tion received and retained by him."; and
By inserting at the end of quoted Section 4 of Section 2 the follow ing.
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"Provided further than should the above named county officer receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than Appling County under and by virtue of his county office, the com pensation to be paid such county officer under this Act shall be reduced by the sum of any such fees and compensation received and retained by him so that the salary herein fixed shall be the total compensation received by the above named county officer by virtue of his office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 440. By Mr. Clarke of Monroe: A Bill to be entitled an Act to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System", and for other purposes.
The following Senate amendments were read:
Senator Wesberry of the 37th moves to amend HB 440 as follows:
By adding a new paragraph at the end of Section 21 as follows:
The auditors shall include in their report their unqualified opinion on the presentation of the financial position and operations of the Board. If such auditors are unable to express an unqualified opinion they shall so state and shall further detail reasons for their qualifications or disclaimer including recommendations for improvements.
The Committee on Rules moves to amend HB 440 as follows:
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By striking Section 22 in its entirety and substituting in lieu thereof a new section 22 to read as follows:
"Section 22. The Board shall file with each member munici pality an annual written report showing pertinent transactions affecting its respective account since the last previous such report. Within ninety (90) days of the receipt of such report a member municipality may file written objections with the Board with respect to any transactions regarding its account as shown in such report."
and;
By striking Section 23 in its entirety and re-numbering the remain ing paragraphs consecutively.
Mr. Clarke of Monroe moves that the House agree to the Senate amendments to HB 440.
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 Arnsdorff Bagby Ballard Barber Beck Bedgood Blair Blalock
Bowen, J. O. Brackin Brinkley
Brown, Gene Brown, M. P. Busbee Bynum Byrd
Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Conger Crowe
Dailey
Davis Dean DeVane Dollar Doster Duncan, A. C. Fulford Gary Griffis Hale Harris, J. R.
Harris, R. W. Henderson Herndon
Holder Houston Howell Hudgins Hutchinson
Irvin Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Lambert Lee, G. B.
Lee, W. J. (Bill)
Lewis, P. B. Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell
McKemie McRae Merritt
Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Odom Oglesby Overby Pafford Page Paris
Perry
Peterson Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Rodgers, H. B. Russell Shea
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Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Spillers Stalnaker Steis Story Tabb Tucker, Ray M.
Underwood Vaughn, C. R. Walker Ware Watkins Watson Wiggins Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Dickinson
Williams, G. J.
Those not voting were Messrs.:
Abney Balkcom Black Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Chandler Collins, M. Colwell Conner Deloach Dixon Duncan, V. W. Dorminy Dunwody Etheridge Evans Parrar Ployd Flynt Grahl Griffin Hall Harrell
Harrington Harris, J. F. Hull Jessup Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, F. S. Leonard Lewis, E. B. Looper Luke McClelland Melton Milhollin Moate Moses Nessmith, P. Newton, A. S. Newton, D. L. Otwell Parker Phillips, G. S.
Pickard Rainey Roberts Rogers, Jimmie Roper Ross Rowland Rush Savage Sewell Shuman Simmons Singer Smith, A. B. Smith, J. R. Smith, V. T. Snow Strickland Sweat Thomas Thomason Tidwell Tucker, J. B. Vaughan, D. N. Wells White Wright Mr. Speaker
On the motion to agree, the ayes were 118, nays 2.
The House has agreed to the Senate amendments to HB 440.
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HB 287. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, commissions or organizations except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Rules moves to amend HB 287 as follows:
By striking the comma in section 1 following the word "authorities" and the words "or organizations", in the first sentence thereof, and wherever else it appears, and inserting in the word "or" between the words "authorities" and "commissions", so that said first sentence of said section 1, as amended, shall read as follows:
All meetings of the governing bodies of all municipalities and counties in this State, boards of public instruction, and all other boards, bureaus, authorities or commissions in the State of Georgia, excepting grand juries, supported wholly or in part by public funds or expending public funds shall be public meetings.
Mr. Richardson of Chatham 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 Alien Arnsdorff Bagby Balkcom Beck Bedgood Black Blair Blalock Bolton Brackin
Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Bynum
Byrd Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey Davis DeVane Dollar
Dorminy Doster Duncan, A. C. Floyd Flynt
Fulford Gary Grahl Griffis Harrell Harris, J. R. Harris, R. W. Henderson Holder Houston Hudgins Hutchinson
Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M.
Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McRae Melton Merritt Minge Moate Moore, Don C.
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1637
Moses Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reid Richardson Roberts Rodgers, H. B. Rowland Rush Russell Savage Sewell Shea
Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Steis Story Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Abney Anderson Ballard Barber Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Caldwell Carr Chandler Clarke, H. G. Colwell Conner Dean DeLoach Dickinson Dixon Duncan, V. W. Dunwody Etheridge Evans Farrar Griffin Hale
Hall Harrington Harris, J. F. Herndon Howell Hull Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Laite Lane Leonard Looper McClelland McDaniell McKemie Milhollin Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Page Paris
Parker Pickard Rainey Reaves Rhodes Rogers, Jimmie Roper Ross Shuman Simmons Smith, A. B. Smith, G. L. II Smith, V. T. Snow Spikes Strickland Sweat Thomas Thomason Ware Wells White Williams, W. M. Woodward Mr. Speaker
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On the motion to agree the ayes were 125, nays 0.
The House has agreed to the Senate amendment to HB 287.
HB 380. By Messrs. McDaniell, Duncan and Jordan of Cohb:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission, and for other purposes.
The following Senate amendment was read:
Senators Yancey of the 33rd and Kendricks of the 32nd move to amend HB 380 by inserting in Section 2 between the words "county" and "without" in the 13th line thereof the following:
"nor shall property or anything of value be conveyed to such Authority in any one year which exceeds the value of $25,000.00"
so that when amended said section shall read as follows:
SECTION 2
Said Act is further amended by adding a new Section immediately after Section 11 to be designated Section 11 A, to read as follows:
"Section HA. Participation in Rapid Transit Authorities. The Commission shall have no authority to expend any tax funds of Cobb County on Rapid Transit or with the Metropolitan Atlanta Rapid Transit Authority or any similar authority created pursuant to Article XVII, Section I, Paragraphs I, II, III, IV and V of the Constitution of Georgia relating to public transportation of pas sengers for hire in the metropolitan area of Atlanta, unless a ma jority of the voters of Cobb County voting in a referendum held for that purpose shall vote for participation in such Rapid Transit Authority; provided, however, the Commission shall appoint such interim member or members to such Authority as may be author ized by the Metropolitan Atlanta Rapid Transit Act of 1965. Not withstanding any approval of participation in such Authority by the voters voting in said referendum, the Commission shall not expend more than $25,000.00 annually of the tax funds of Cobb County nor shall property or anything of value be conveyed to such Authority in any one year which exceeds the value of $25,000.00 without sub mitting the question to the voters of said County in a referendum held for that purpose. The referendums authorized by this Section shall be as provided in the Metropolitan Atlanta Rapid Transit Authority Act of 1965."
Mr. Duncan of Cobb moved that the House agree to the Senate amendment.
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1639
On the motion to agree, the ayes were 110, nays 0.
The House has agreed to the Senate amendment to HB 380.
HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee and others: A Bill to be entitled an Act to amend Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspection fee; and for other purposes.
The following Senate amendment was read:
The Senate Agriculture and Natural Resources Committee moves to amend HB 73 as follows:
By striking from the title the words "inspection and inspection fees", and inserting in lieu thereof the words "inspection and inspection fees; to provide an effective date;".
By adding at the end of Section 1 the following words:
"Provided, however, that no valid waiver may be executed unless the owner of the domestic animals, livestock or poultry owns an interest in the feed manufacturing concern or the said manu facturing concern owns an interest in the domestic animals, live stock or poultry. An owner shall be defined herein as a corporation or the stockholders thereof, a partnership or an individual."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Commissioner of Agriculture shall have the authority to promulgate any rules and regulations that he deems necessary in order to execute the provisions of this Act."
By adding a new section to be designated Section 3 to read as follows:
"Section 3. This Act shall become effective on April 1, 1965." By adding a new Section 4 to read as follows:
"Section 4. All laws and parts of laws in conflict with this Act are hereby repealed."
Mr. Overby of Hall moved that the House agree to the Senate amendment.
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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 Arnsdorff Bagby Balkcom Beck Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Conger Crowe Dailey Davis Dean Dickinson Dollar Dorminy Doster Duncan, A. C. Dunwody Flynt Fulford Gary Grahl Griffis Harris, J. R. Harris, R. W. Henderson Holder
Houston
Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, D. R. Mauldin Mauney McCracken Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S.
Those not voting were Messrs.:
Abney Ballard Barber
Bedgood Branch Brantley
Phillips, L. L. Pope Poss Potts Reid Rhodes Richardson Rodgers, H. B. Ross Rowland Rush Russell Savage Sewell Shea Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Brooks, Geo. B. Brooks, Wilson Bynum
Caldwell Carr Chandler Clarke, H. G. Colwell Conner DeLoach DeVane Dixon Duncan, V. W. Etheridge Evans Parrar Floyd Griffin Hale Hall Harrell Harrington Harris, J. F. Herndon Howell
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1641
Hull Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Jordan, W. H. Kelly Laite Lane Looper Maddox Matthews, C. McClelland McDaniel McKemie McRae Melton Mitchell Moate NeSmith, J. D. Nessmith, P. Newton, D. L.
Parker Pickard Rainey Reaves Roberts Rogers, Jimmie Roper Shuman Simkins Simmons Singer Smith, A. B. Smith, G. L. II Smith, V. T. Strickland Sweat Thomas Wells White Mr. Speaker
On the motion to agree, the ayes were 131, nays 0.
The House has agreed to the Senate amendment to HB 73.
HB 408. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to place the sheriff of Rabun County upon an annual salary, and for other purposes.
The following Senate amendment was read:
Senator Ballew of 50th moves to amend HB 408 as follows:
By renumbering Section 8 as Section 9 and inserting a new Section 8 between Section 7 and Section 9 to read as follows:
"Section 8. Provided, however, for the current year and for the purpose of implementing this Act, the governing authority is empowered to furnish to the sheriff such funds as may be requested in the sheriff's budget prior to the determination of the reasonable ness of any disputed item in said budget by the grand jury, and after such grand jury has determined the reasonableness of any disputed item in said budget, the governing authority may readjust said budget accordingly."
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Mr. Bynum of Rabun moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 408.
HB 346. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the clerk, and for other purposes.
The following Senate amendment was read:
Senator Moore of 31st moves to amend HB 346 as follows:
By striking from the title the phrase "to provide an effective date;".
By striking in its entirety Section 2 and by renumbering Section 3 as Section 2.
Mr. Bagby of Paulding moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 346.
Mr. Barber of Jackson moved that the House insist on its position on the following Bill of the House and requested that a Committee of Conference be appointed:
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of the Children which he notices in the examination of any such children, and for other purposes.
The motion prevailed and the Speaker appointed the following members as a Committee of Conference on the part of the House:
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1643
Messrs. Barber of Jackson, Acree of Towns and Harris of DeKalb.
By unanimous consent the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 75. By Senators Broun of the 46th, Rowan of the 8th, Webb of the llth
and others: A Bill to be entitled an Act to amend the Georgia Election Code, relating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices; and for other purposes.
Referred to the Committee on Judiciary.
SB 93. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 34-802, relating to certain public officials being elected at the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other pur poses.
Referred to the Committee on Judiciary.
SB 108. By Senator Rowan of the 8th:
A Bill to be entitled an Act to encourage landowners to make land and water areas available to the public by limiting the liability in connection therewith; and for other purposes.
Referred to the Committee on Natural Resources.
SB 111. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia", so as to increase the compensation of treasurer of Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 123. By Senator Fincher of the 51st:
A Bill to be entitled an Act to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
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SB 127. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to authorize boards of education of certain counties to enter into contracts for group life, health or accident in surance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes.
Referred to the Committee on Judiciary.
SB 131. By Senators Batement of the 27th, and Pennington of the 45th :
A Bill to be entitled an Act to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, relating to the manufacture of ice cream; and for other purposes.
Referred to the Committee on Agriculture.
SB 139. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 40-1812, relating to the duty of the Department of Audits and Accounts, so as to provide that the local boards of education shall be authorized to have an audit made of books, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes.
Referred to the Committee on Education.
SB 141. By Senator Thompson of the 34th:
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", so as to provide that any municipality lying within a county that has held an election in regard to this Act that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distribution and control of alcoholic beverages and liquors shall be allowed in said municipality; and for other purposes.
Referred to the Committee on Ways and Means.
SB 148. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, so as to provide that all members shall be elected by the voters of the entire county; and for other purposes.
Referred to the Committee on Local Affairs.
SB 151. By Senators McKenzie of the 17th, Hill of the 29th, and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act," so as to authorize member-
THURSDAY, MARCH 4, 1965
1645
ship on the various commissions of members of the General Assembly; and for other purposes.
Referred to the Committee on Agriculture.
SB 159. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; and for other purposes.
Referred to the Committee on Judiciary.
SB 160. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; and for other purposes.
Referred to the Committee on Judiciary.
SB 162. By Senators Webb of the llth, Carter of the 14th, Plunkett of the 30th and Broun of the 46th: A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council, so as to provide for additional mem bers; and for other purposes.
Referred to the Committee on Education.
SR 30. By Senator Kidd of the 25th: A Resolution requesting the Georgia delegation to the United States Congress to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent; and for other purposes.
Referred to the Committee on Judiciary.
SR 48. By Senators Wesberry of the 37th and Maclntyre of the 46th: A Resolution designating the State Choir; and for other purposes.
Referred to the Committee on Judiciary.
SR 64. By Senators Plunkett of the 30th and Carter of the 14th: A Resolution to create an "Interim Scholarship Study Committee"; and for other purposes.
Referred to the Committee on Rules.
1646
JOURNAL OF THE HOUSE,
SR 67. By Senator Webb of the llth: A Resolution creating the Alcoholism Study Commission; and for other purposes.
Referred to the Committee on Rules.
Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 254. By Messrs. Acree of Towns, Watkins of Gihner and others: A Bill to be entitled an Act to authorize sterilization of individuals by doctors of medicine, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard Beck Bedgood Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. P. Collins, M. Colwell Crowe Dailey DeLoach DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Evans Flynt Fulford Grahl Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell
Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Mauldin Mauney McCracken McKemie McRae
Melton Merritt Milhollin Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts
THURSDAY, MARCH 4, 1965
1647
Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Russell Savage Sewell Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Spillers Stalnaker Story
Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wigging Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Barber Bowen, J. 0. Brooks, Wilson Davis Dean
Dunwody Floyd Gary Lee, G. B. Lee, W. J. (Bill)
McClelland Minge Poss Shea Steis
Those not voting were Messrs.:
Balkcom Black Branch Brooks, Geo. B. Caldwell Chandler Conger Conner
Dixon Duncan, V. W. Etheridge Farrar Griffin Hale Hall Harrell Harrington Houston
Hull Johnson, B. Jones, C. M. Jordan, Ben C. Laite Lambert Lane Lovett Marshall Matthews, C. Matthews, D. R. McDaniell Mitchell Moate Moore, J. H. Moses Nessmith, P. Newton, D. L.
Parker Pickard Rogers, Jimmie Roper Rowland Rush Shuman Simmons Singer Smith, A. B. Smith, J. R. Smith, V. T. Sweat Wells Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 15.
1648
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Acree of Towns moved that HB 254 be immediately transmitted to the Senate.
The motion prevailed and HB 254 was ordered immediately transmitted to the Senate.
Under the General Order of Business, established by the Committee on Rules, the following Bill of the House was again taken up:
HB 384. By Messrs. Bowen of DeKalb and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to the State Game and Fish Commission, so as to increase certain licenses, and for other purposes.
Mr. Hull of Richmond moved that HB 384 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 Alien Anderson Arnsdorff Bagby Beck Black Blair Blalock Bolton Branch Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Conger
Crowe Davis Dean Dollar Dorminy Doster Duncan, V. W. Dunwody Gary Griffis Harris, R. W. Herndon Holder Hudgins Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Knight, D. W. Laite
Lambert Lee, F. S. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, D. R. Mauldin Mauney McDaniell Merritt Milhollin Minge Mixon Moate Moore, Don C. Moses Newton, A. S. Newton, D. L.
Oglesby Perry Phillips, L. L. Reaves Reid Richardson Rodgers, H. B. Rowland Russell Savage Sewell
THURSDAY, MARCH 4, 1965
1649
Shea Simkins Simpson Smith, Chas. C. Smith, J. R. Snow Spillers Steis Story Tabb Tucker, J. B.
Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson White Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.
Bowen, J. 0. Brackin Brinkley Brooks, Wilson Coker, G., Dr. Collins, J. F. Dailey DeVane Dickinson Evans Floyd Flynt Fulford Grahl Hale Harris, J. F. Harris, J. R.
Henderson Howell Hutchinson Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, W. D. Marshall McKemie McRae Moore, J. H. NeSmith Odom Otwell Overby Peterson
Phillips, G. S. Pope Poss Potts Rhodes Rogers, Jimmie Ross Smith, E. B., Jr. Smith, G. L. II Stalnaker Thomason Tidwell Vaughan, D. N. Walker Wiggins Wright
Those not voting were Messrs.:
Acree Balkcom Ballard Barber Bedgood Bowen, R. L. Brantley Brooks, Geo. B. Carr Chandler Colwell Conner DeLoach Dixon Duncan, A. C. Etheridge Farrar Griffin Hall
Harrell Harrington Houston Jones, F. C. Kelly Lane Lee, G. B. Lee, W. J. (Bill) Leonard Matthews, C. McClelland McCracken Melton Mitchell Murphy Nessmith, P. Pafford Page Paris
Parker Pickard Rainey Roberts Roper Rush Shuman Simmons Singer Smith, A. B. Smith, V. T. Spikes Strickland Sweat Thomas Ware Wells Wilson Mr. Speaker
1650
JOURNAL OF THE HOUSE,
On the motion to Table, the ayes were 97, nays 50.
The motion prevailed and HB 384 was laid on the Table.
HB 525. By Mr. Brooks of Fulton: A Bill to be entitled an Act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry, and for other purposes.
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 Beck Blair Blalock Bowen, J. O. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Davis DeVane Dickinson Dixon
Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Flynt Gary Grahl Hale Harris, J. F. Harris, J. R. Harris, R. W. Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lee, G. B. Lewis, E. B. Looper
Lovett Lowrey Luke Maddox Marshall Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Minge Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pickard Pope Poss Potts Reid Rhodes Richardson Roberts Rodgers, H. B. Rowland Rush Russell Savage Sewell
THURSDAY, MARCH 4, 1965
1651
Shea Simkins Smith, Chas. C. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thorna-son
Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Arnsdorff Balkcom Ballard Bedgood Black Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Carr Chandler Clark, J. T. Conner Dailey Dean Deloach Doster Farrar Fulford Griffin Griffis
Hall Harrell Harrington Henderson Herndon Holder Irvin Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Matthews, C. Matthews, D. R. Melton Milhollin
Mitchell Moore, J. H. Nessmith, P. Newton, D. L. Overby Rainey Reaves Rogers, Jimmie Roper Ross Shuman Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, V. T. Strickland Tucker, J. B. Wells Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Brooks of Fulton moved that HB 525 be immediately transmitted to the Senate.
1652
JOURNAL OF THE HOUSE,
The motion prevailed and HB 525 was ordered immediately transmitted to the Senate.
HR 215-576. By Mr. Smith of Grady: A Resolution authorizing the conveyance of certain property to Grady County, and for other purposes.
The following amendment was read and adopted:
Mr. Smith of Grady moves to amend HB 215 as follows:
By striking the fourth "WHEREAS" paragraph which begins as follows: "WHEREAS, said portion of the property is described as fol lows:" in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"WHEREAS, said portion of the property is described as fol lows:
"All that tract or parcel of land lying and being in Cairo, Grady County, Georgia, described as follows:
"Beginning at a point on the North margin of Georgia State Route No. 38 (U. S. No. 84), said point being the Southwest corner of the Cairo Drive-in Theatre property, and the Southeast corner of the Georgia Department of Agriculture's State Farmers Market property, and running thence North 61 degrees West along the North margin of said Georgia State Route No. 38, for a distance of 196 feet; thence North 1 degree 45 minutes East for a distance of 200 feet; thence East to a point on the Western boundary of the Cairo Drivein Theatre property, said point being 295 feet North of the point of beginning; thence South 1 degree 30 minutes West along the West ern margin of the Cairo Drive-in Theatre property for a distance of 295 feet, to the point of beginning. Said property being bounded on the South by Georgia State Route No. 38, on the West by a ditch and a paved driveway to the State Farmers Market; on the North by other property of the grantor herein; and East by the Cairo Drive-in Theatre property."
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:
THURSDAY, MARCH 4, 1965
1653
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson Arnsdorff Bagby Barber Beck Bedgood Blair Blalock Bolton Bowen, J. O. Brackin Branch Brinkley Brown, Gene Brown, M. P. Bynum Byrd Carr Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Crowe DeLoach DeVane Dickinson Dixon Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Floyd Flynt Gary Grahl Hale Harris, J. F. Ha'rris, J. R. Harris, R. W. Henderson
Herndon Holder Houston Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris
Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Rowland Russell Savage Sewell Shea Simkins Simpson Smith, Chas. C. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Balkcom Ballard Black Bowen, R. L. Brantley Brooks, Geo. B.
Brooks, Wilson Busbee Caldwell Chandler Clark, J. T. Coker, R.
Collins, J. F. Conger Conner Dailey Da vis Dean
1654
Dollar Doster Evans Farrar Fulford Griffin Griffis Hall Harrell Harrington Hudgins Hull Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Lambert
JOURNAL OF THE HOUSE,
Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lovett Maddox Matthews, D. E. McClelland Milhollin Mitchell Moses Nessmith, P. Newton, D. L. Parker Pickard Rainey Rodgers, H. B.
Ross Rush Shuman Simmons Singer Smith, A. B. Smith, E. B., Jr.
Smith, G. L. II Smith, J. R. Smith, V. T. Strickland Thomason Tucker, J. B. Walker Ware Watkins Wells Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 132, nays 0.
The Resolution, having received the requisite constitutional majority, was passed, as amended.
Mr. Smith of Grady moved that HR 215-576 be immediately transmitted to the Senate.
The motion prevailed and HR 215-576 was ordered immediately transmitted to the Senate.
HB 582. By Messrs. Harris of DeKalb, Spillers of Newton and others: A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to in crease the number of judges in said circuit to four, 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 roll call was ordered and the vote was as follows:
THURSDAY, MARCH 4, 1965
1655
Those voting in the affirmative were Messrs.
Abney Alien Arnsdorff Balkcom Barber Beck Bedgood Blair Blalock Bolton Bowen, J. O. Brackin Branch Brinkley Brown, Gene Busbee Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Harris, J. F. Harris, J. R. Harris, R. W. Herndon
Holder Houston Howell Hudgins Hutchinson Irvin Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, G. B. Leonard Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon
Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Rowland Rush Russell Savage Sewell Shea Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson White Wiggins Williams, G. J. Wilson Woodward Wright
Voting in the negative was Mr. Looper.
Those not voting were Messrs.:
Acree Anderson
Bagby Ballard
Black Bowen, R. L.
1656
Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Caldwell Chandler Clark, J. T. Colwell Conner Davis Dean Dorminy Doster Etheridge Griffin Griffis Hale Hall Harrell Harrington
JOURNAL OF THE HOUSE,
Henderson Hull Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Knight, D. W. Lambert Lane Lee, W. J. (Bill) Lewis, E. B. Lovett Matthews, D. R. Mauldin Mauney McClelland Mitchell Moate
Moore, J. H. Nessmith, P. Newton, D. L. Overby Rainey Rodgers, H. B. Roper Ross Shuman Simmons Singer Smith, A. B. Smith, G. L. II Smith, J. R. Smith, V. T. Strickland Tucker, J. B. Ware Wells Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 134, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Harris of DeKalb moved that HB 582 be immediately transmitted to the Senate.
The motion prevailed and HB 582 was ordered immediately transmitted to the Senate.
HR 201-485. By Mr. Griffis of Cook: A Resolution authorizing the conveyance of a certain tract of stateowned property to Cook County, and for other purposes.
The following amendment was read and adopted:
Mr. Griffis of Cook moves to amend HR 201 as follows:
By striking in its entirety the last sentence thereof and substituting in lieu thereof the following:
"The consideration for the conveyance shall be ten ($10.00) dollars and the moral obligation of the State of Georgia."
THURSDAY, MARCH 4, 1965
1657
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Balkcom Barber Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Crowe Dean Deloach DeVane Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Harris, J. F. Harris, J. R. Herndon Holder Houston
Howell Hudgins Hutchinson Irvin Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Mauldin McCracken McDaniell McRae Melton Merritt Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pickard
Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Savage Sewell Shea Simkins Singer Smith, Chas. C.
Snow jSpillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
1658
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Arnsdorff Bagby Ballard Beck Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Chandler Clark, J. T. Collins, J. F. Colwell Conger Conner Dailey Davis Dickinson Dollar Dorminy Doster Etheridge
Griffin Hale Hall Harrell Harrington Harris. R. W. Henderson Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, P. C. Kelly Knight, D. W. Lambert Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Luke Matthews, D. R. Mauney McClelland
McKemie Milhollin Moate Moore, Don C. Moses Nessmith, P. Newton, D. L. Phillips, L. L. Reaves Ross Rush Shuman Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Strickland Tucker, J. B. Ware Wells Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 211-558. By Messrs. Steis of Harris and Floyd of Chattooga and others:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the County of Glynn to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds, 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 4, 1965
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Bagby Balkcom Barber Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Dailey Dean Deloach DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Flyod Flynt Fulford
Gary Grahl Griffis
Harrell Harris, J. F. Harris, J. R. Harris, R. W. Holder Houston Howell Hudgins Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford
1659
Page Paris Parker Peterson Phillips, G. S. Pope Poss Potts Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Roper Rowland Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C. Smith, G. L. II Spillers Stalnaker Steis Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negative was Mr. Jimmie Rogers.
Those not voting were Messrs.:
Alien Ballard
Beck Bowen, R. L.
Branch Brantley
1660
Brooks, Wilson Brown, Gene Brown, M. P. Chandler Clark, J. T. Collins, J. F. Conger Conner Davis Dollar Dorminy Doster Etheridge Griffin Hale Hall Harrington Henderson Herndon Hull Irvin Jessup Johnson, B.
JOURNAL OF THE HOUSE,
Jones, C. M. Jones, F. C. Kelly Knight, D. W. Lambert Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Matthews, D. R. McClelland McKemie Melton Moate Moore, Don C. Moses Nessmith, P. Newton, D. L. Perry Phillips, L. L. Pickard Potts
Rhodes Ross Rush Russell Shuman Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Story Strickland Tucker, J. B. Underwood Ware Wells White Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 130, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Harris of Glynn moved that HR 211-588 be immediately transmitted to the Senate.
The motion prevailed and HR 211-558 was ordered immediately transmitted to the Senate.
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others:
A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts, to provide that salaries will be increased according to per capita State income, and for other purposes.
The following amendment was read and adopted: Mr. Bolton of Spalding moves to amend HB 568 as follows:
THURSDAY, MARCH 4, 1965
1661
By striking from the title thereof "to provide that salaries will be increased according to per capita State income to provide the procedure connected therewith" and substituting in lieu thereof "to provide that the change in such salaries shall not become effective until funds are specifically appropriated therefor".
By striking wherever the same shall appear in Section 1 the figure and symbol "$20,000.00" and substituting in lieu thereof the figure and symbol "$18,000.00".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding a new Section 2 to read as follows:
"Section 2. The increase in the annual salary of the Judges of the Superior Court as provided for by this Act shall not become effective and no Judge shall receive any increase in compensation under the provisions of this Act until funds are specifically ap propriated therefor by the General Assembly."
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 Balkcom Ballard Barber Beck Bedgood Black
Blair Blalock Bolton Bowen, J. 0. Branch Brantley Brinkley
Brooks, Geo. B. Brooks, Wilson Brown, Gene
Busbee Bynum Byrd Caldwell Carr
Clarke, H. G. Coker, G., Dr. Coker, R. Colwell Dailey Dean DeLoach
Duncan, A. C. Dunwody Etheridge Evans Farrar Fulford Grahl
Griffis Harrell Harris, J. R.
Harris, R. W. Henderson Herndon Houston Hudgins
Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul
Jones, M. Kelly Knight, W. D. Laite Lee, G. B. Leonard Lewis, P. B.
Looper Lowrey Luke
1662
Matthews, C. Mauney McCracken Melton Merritt Milhollin Minge Mitchell Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Phillips, G. S.
JOURNAL OF THE HOUSE,
Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Richardson Rogers, Jimmie Roper Ross Rowland Savage Sewell Shea Shuman Simkins Smith, Chas. C. Snow
Spikes Spillers Steis Story Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watkins Watson White Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Collins, M. Dixon Gary Harris, J. F. Holder Irvin Jordan, Ben C. Lee, F. S.
Lovett Matthews, D. R. McRae Mixon Moore, J. H. Moses Reid Rhodes
Rush Simpson Smith, J. R. Thomason Vaughan, D. N. Wiggins Williams, G. J. Wright
Those not voting were Messrs.:
Bowen, R. L. Brackin Brown, M. P. Chandler Clark, J. T. Collins, J. F. Conger Conner Crowe Davis DeVane Dickinson Dollar Dorminy Doster Duncan, V. W. Floyd Flynt Griffin Hale
Hall Harrington Howell Johnson, B. Jordan, W. H. Knight, D. W. Lambert Lane Lee, W. J. (Bill) Lewis, E. B. Maddox Marshall Mauldin McClelland McDaniell McKemie Moate Moore, Don C. NeSmith, J. D. Nessmith, P.
Newton, D. L. Perry Peterson Roberts Rodgers, H. B. Russell Simmons Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stalnaker Strickland Sweat Tucker, J. B. Wells Mr. Speaker
THUKSDAY, MARCH 4, 1965
1663
On the passage of the Bill, as amended, the ayes were 122, nays 24.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Hull of Richmond moved that HB 568 be immediately transmitted to the Senate.
The motion prevailed and HB 568 was ordered immediately transmitted to the Senate.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow.
1664
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, March 5, 1965.
The House met pursuant to adjournment at 10:00 o'clock A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Bob James, Pastor, Westminster Pres. Church Albany, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the Rules were suspended in order that all Bills and Resolutions of the House introduced today could be read for the first time and referred to the Committees.
The following report of the Committee on Rules were read and adopted:
FRIDAY, MARCH 5, 1965
1665
Mr. Speaker:
Your Committee on Rules met and fixed the Calendar for today's business, Friday, March 5, 1965, and submits the following:
HB
65. Brokers, licensing requirements
HB 103. Income Tax, exemptions
HB 227. Motor Vehicles, operating under influence of liquor
HB 341. Alcoholic Beverages, offenses
HB 350. State and County Elections, Justice of Peace (Postponed)
HB 378. Executions, entry on docket
HB 386. Confiscation of Weapons
HB 452. Tax Executions, Time
HB 468. Development Corporation, create
HB 485. Cardiac Condition, identification
HB 509. Liability of Insurer.
HB 510. Liability of Insurer
HB 515. Institutional Farms, Agriculture Dept.
HB 532. Credit Unions, Amend
HB 584. Telephone, Telegraph, charges
HB 550. Military Personnel, bonds
HB 551. Adoption, outside state
HB 560. Insurance Companies, increase tax
HB 561. Income Tax, corporations
HB 581. Motor Vehicles, responsibility
HB 584. Judge Emeritus, serve any Circuit
HB 589. Place of Origin, telephone call
HB 600. Retirement System, credit
HB 618. Destroy Vehicle, Title Act
HB 628. Malt Beverages, tax
HR 210-558. Lease Land, Cobb County
SB 102. Rapid Transit Authority.
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
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By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 667. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council of said city to fix a reasonable entrance fee for all candidates for the office of mayor and council of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 668. By Messrs. Story and Watson of Gwinnett: A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Ordinary of Gwinnett County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 669. By Messrs. Story and Watson of Gwinnett: A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter and municipal government for the City of Buford, so as to change the compensation of the city manager; and for other purposes.
Referred to the Committee on Local Affairs.
HB 670. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that the ordinaries in certain counties shall be custodians of the vital statistic records; and for other purposes.
Referred to the Committee on Local Affairs.
HB 671. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Walker County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 672. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend Chapter 56-13 known as the Georgia Insurance Code of 1960, so as to provide that in counties having a certain population the restrictions and preemptions enacted by said amendment shall not apply and any such county may levy an annual
FRIDAY, MARCH 5, 1965
1667
license fee or tax upon life insurance companies, their agents and representatives; and for other purposes.
Referred to the Committee on Local Affairs.
HB 673. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 674. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 675. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 676. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 677. By Messrs. Newton of Colquitt, Milhollin of Coffee, Lowrey of Floyd: A Bill to be entitled an Act to require that commercial weighers of corn or small grain shall be licensed by the Department of Agriculture prior to conducting said business; and for other purposes.
Referred to the Committee on Agriculture.
HR 241-677. By Mr. Walker of Lowndes: A Resolution authorizing the conveyance of a certain tract or parcel of land located in Lowndes County, Georgia, to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin; and for other purposes.
Referred to the Committee on State Institutions and Property.
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JOURNAL OF THE HOUSE,
HB 678. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act approved March 9, 1943 providing a salary for the official court reporter for the Stone Mountain Judicial Circuit, by providing for an increase in the salary of such official court reporter; and for other purposes.
Referred to the Committee on Judiciary.
HB 679. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to change the terms of the superior court of Brantley County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 680. 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 East Point, so as to change the city limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HR 254-680. By Messrs. Chandler and Harrington of Baldwin:
A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 681. By Messrs. Busbee, Odom and Hutchinson of Dougherty:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 682. By Mr. Bowen of DeKalb:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to advertise legal notices in any or all newspapers in the county in addition to notices published in the county organ; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, MARCH 5, 1965
1669
HR 255-682. By Messrs. McDaniell, Jordan and Duncan of Cobb and Luke of Richmond:
A Resolution creating an interim committee to be known as the "Indus trial Safety Committee" for the purpose of studying industrial safety; and for other purposes.
Referred to the Committee on Rules.
HB 683. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change those provisions relative to the election of the first members of the House of Representatives from Representative Districts; and for other purposes.
Referred to the Committee on Rules.
HB 684. By Messrs. Milhollin of Coffee, Dorminy of Ben Hill and Irwin of Habersham:
A Bill to be entitled an Act to amend an Act relating to the State Game & Fish Commission, so as to change the provisions relating to the compensation and expenses of the Director of the State Game and Fish Commission; and for other purposes-
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 652. By Mr. Russell of Thomas:
A Bill to be entitled an Act to provide that all motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties; and for other purposes.
HR 235-652. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of members of the Echols County Board of Education on a district basis; and for other purposes.
HB 653. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to remove the provisions requiring the recommenda tion of one grand jury in each county affected before the courts in
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this State having jurisdiction to try cases in which parties are charged with violation of State, local or municipal traffic laws or ordinances may retain jurisdiction of cases initiated in said courts; and for other purposes.
HB 654. By Messrs. Harris, Bowen and Farrar of DeKalb:
A Bill to be entitled an Act to amend the Act creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County, so as to provide pension benefits for certain professional employees; and for other purposes.
HR 236-654. By Mr. Tabb of Miller:
A Resolution proposing an amendment to the Constitution so as to create the Miller County Development Authority; and for other purposes.
HB 655. By Messrs. Brooks, Etheridge and McClelland of Fulton, Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to amend the Act to provide a system of pensions for officers and employees of cities having a population of more than 150,000, so as to provide for the transfer of funds and matching funds credited to the account of any member who is transferred to the county in which such city is located in whole or in part; and for other purposes.
HB 656. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to place the coroner of Walker County upon a monthly salary; and for other purposes.
HR 237-656. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Resolution to establish a Local Government Commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein for the purpose of improving local governments and providing greater efficiency and economy; and for other purposes.
HB 657. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State, so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, when such equipment is being operated upon a public road or highway during daylight hours within a certain radius of the owner's residence; and for other purposes.
FRIDAY, MARCH 5, 1965
1671
HR 238-657. By Messrs. Newton of Colquitt, Irvin of Habersham and Carr of Washington:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State govern ment and the costs incurred by local governments in operating the public schools of Georgia; and for other purposes.
HB 658. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to authorize the DeKalb County Board of Education to employ a firm of auditors to audit the books and affairs of the DeKalb County School System; and for other purposes.
HB 659. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a teachers' retirement system, so as to provide for the addition of two members to the Board of Trustees of the Teachers' Retirement System; and for other purposes.
HR 239-659. By Mr. Pope of Cherokee:
A Resolution authorizing the conveyance of certain State property located in Cobb County; and for other purposes.
HB 660. By Mr. Byrd of Walton:
A Bill to be entitled an Act to provide that any local or special law enacted by the General Assembly of Georgia to increase the salary of any county officer shall become effective at the beginning of the succeeding term of office of such officer; and for other purposes.
HB 661. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff and the Clerk of the Superior Court; and for other purposes.
HB 662. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, so as to change the compensation of the tax com missioner; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 663. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways of this State so as to provide that farming equipment may exceed the prescribed width, length or height without requiring a special permit, when such equipment is being operated upon certain public roads or highways during daylight hours within a certain radius of the owner's residence; and for other purposes.
HB 664. By Mr. Looper of Dawson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.
HB 665. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof; and for other purposes.
HR 240-665. By Mr. Smith of Grady:
A Resolution creating a study committee on municipal and county governments and to study the feasibility of revising the tax laws and statutes of the State; and for other purposes.
HB 666. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1963-64 and the fiscal year 1964-65, so as to clarify provisions relating to the purposes of appropriations for the Legislative Branch; and for other purposes.
SB 75. By Senators Broun of the 46th, Rowan of the 8th, Webb of the llth and others:
A Bill to be entitled an Act to amend the Georgia Election Code, re lating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices; and for other purposes.
SB 93. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 34-802, relating to certain public officials being elected as the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other purposes.
FRIDAY, MARCH 5, 1965
1673
SB 108. By Senator Rowan of the 8th:
A Bill to be entitled an Act to encourage landowners to make land and water areas available to the public by limiting the liability in connec tion therewith; and for other purposes.
SB 111. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia", so as to increase the compensation of treasurer of Richmond County; and for other purposes.
SB 123. By Senator Fincher of the 51st:
A Bill to be entitled an Act to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; and for other purposes.
SB 127. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to authorize boards of education of certain counties to enter into contracts for group life, health or accident in surance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes.
SB 131. By Senators Bateman of the 27th, and Pennington of the 45th:
A Bill to be entitled an Act to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, relating to the manufacture of ice cream; and for other purposes.
SB 139. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 40-1812, relating to the duty of the Department of Audits and Accounts, so as to provide that the local boards of education shall be authorized to have an audit made of books, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes.
SB 141. By Senator Thompson of the 34th:
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", so as to provide that any municipality lying within a county that has held an election in regard to this Act that the governing authority of said municipality may make a determination as to whether the taxing, licensing, manufacturing, distribution and control of alcoholic beverages
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JOURNAL OF THE HOUSE,
and liquors shall be allowed in said municipality; and for other purposes.
SB 148. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Eoads and Revenues for the County of Baldwin, so as to provide that all members shall be elected by the voters of the entire county; and for other purposes.
SB 151. By Senators McKenzie of the 17th, Hill of the 29th, and Bateman of the 27th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act," so as to authorize member ship on the various commissions of members of the General Assembly; and for other purposes.
SB 159. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; and for other purposes.
SB 160. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; and for other purposes.
SB 162. By Senators Webb of the llth, Carter of the 14th, Plunkett of the 30th and Broun of the 46th: A Bill to be entitled an Act creating the Georgia Educational Improve ment Council, so as to provide for additional members; and for other purposes.
SR 30. By Senator Kidd of the 25th: A Resolution requesting the Georgia delegation to the United States Congress to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent; and for other purposes.
SR 48. By Senators Wesberry of the 37th and Maclntyre of the 46th: A Resolution designating the State Choir; and for other purposes.
FRIDAY, MARCH 5, 1965
1675
SR 64. By Senators Plunkett of the 30th and Carter of the 14th:
A Resolution to create an "Interim Scholarship Study Committee"; and for other purposes.
SR 67. By Sentaor Webb of the llth:
A Resolution creating the Alcoholism Study Commission; 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 17- 25. Do Pass. HR 10- 2. Do Pass. HR 54-101. Do Pass, as Amended. HR 67-117. Do Pass, as Amended. HR 31- 56. Do Pass, as Amended. HR 51- 99. Do Pass, as Amended. HR 55-101. Do Pass, as Amended. HR 81-121. Do Not Pass. HB 646. Do Pass. HB 474. Do Pass. HB 666. Do Pass. HR 13- 21. Do Pass.
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 Bills of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
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JOURNAL OF THE HOUSE,
HB 659. Do Pass. SB 139. Do Pass.
Respectfully submitted, Melton of Spalding, Chairman.
Mr. Pope of Cherokee County, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 663. Do Pass. Respectfully submitted, Pope of Cherokee, Chairman.
Mr. Smith of Whitfield 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 523. Do Pass, as Amended. SB 123. Do Pass.
Respectfully submitted, Smith of Whitfield, Chairman.
Mr. Harris of DeKalb County, Vice-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:
FRIDAY, MARCH 5, 1965
1677
SB 115. Do Pass. SB 9. Do Pass. SB 107. Do Pass. SB 82. Do Pass, as Amended. SB 51. Do Pass, as Amended. SB 33. Do Pass, by Substitute HB 473. Do Pass. HB 472. Do Pass. SB 91. Do Pass.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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 633. Do Pass. HB 651. Do Pass. HB 654. Do Pass. HB 655. Do Pass. HB 656. Do Pass. HR 237-656. Do Pass. HR 236-654. Do Pass. HR 235-652. Do Pass. HR 223-600. Do Pass, as Amended.
Respectfully submitted, Tucker of Catoosa, Chairman.
Mr. Williams of Hall County, Chairman of the Committee on Motor Vehicles, submitted the following report:
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JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Motor Vehicles 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 614. Do Pass.
HB 615. Do Not Pass.
Respectfully submitted,
William of Hall,
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 fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 108. 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 Resolu tions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 238-657. Do Pass, as Amended. HR 173. Do Pass, as Amended. HR 222. Do Pass.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
Mr. Chandler of Baldwin County, Chairman of the Committee on State Institutions and Property, submitted the following report:
FRIDAY, MARCH 5, 1965
1679
Mr. Speaker:
Your Committee on State Institutions and Property has had under con sideration the following Resolution of the House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HR 233-640. Do Pass.
Respectfully submitted,
Chandler of Baldwin,
Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 6. By Messrs. Snow of Walker, Clarke of Monroe and others:
A Bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.
HB 84. By Mr. Brooks of Fulton: A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 133. By Messrs. Bedgood and Matthews of Clarke and others: A Bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said Act; and for other purposes.
HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A Bill to amend Code Section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a
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JOURNAL OF THE HOUSE,
county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; and for other purposes.
HB 492. By Messrs. Smith of Emanuel and Carr of Washington:
A Bill to amend an Act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Circuit, so as to increase the compensation provided therein; and for other purposes.
HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.
HB 285. By Mr. Dean of Polk:
A Bill to amend an Act establishing a State Employees' Retirement System, so as to change the provisions relating to former employees; and for other purposes.
HB 394. By Messrs. Paris of Barrow, Murphy of Haralson and others:
A Bill to amend an Act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes.
HB 488. By Messrs. Newton of Colquitt, Lowrey of Ployd and others:
A Bill to amend an Act known as the "Cooperative Marketing Act", so as to provide for the election of officers from and by others than Directors; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SR 71. By Senator Webb of the llth:
A Resolution to amend a Resolution relative to the Resources Advisory Board, Southeast River Basins, approved March 5, 1964 (Ga. Laws 1964, p. 244), so as to authorize the Board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; and for other purposes.
FRIDAY, MARCH 5, 1965
1681
SB 57. By Senator Yancey of the 33rd:
A Bill to amend Code Section 56-407A, relating to the requirements that certain insurance policies contain provisions protesting the insured from damages caused by uninsured motorists, as amended, so as to provide for the venue of actions brought against unknown uninsured motorists; and for other purposes.
SB 156. By Senator Smalley of the 28th:
A Bill to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of non-residents; and for other purposes.
SB 90. By Senator Kidd of the 25th:
A Bill to provide that it shall be unlawful for any person to wrongfully take or use for any purpose, any scientific data, etc., which relates to trade secrets of any person, firm, partnership, association or corpora tion; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to wit:
HR 18. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller; and for other purposes.
HR 19. By Mr. Irvin of Habersham: A Resolution to compensate Mr. Cliff Pitts; and for other purposes.
HR 25. By Mr. Bowen of Dooly: A Resolution to compensate Mrs. Merle C. Chancy; and for other purposes.
HR 26. By Mr. Lee of Clayton: A Resolution to compensate Grover Jackie Darnell; and for other purposes.
HR 29. By Mr. Coker of Turner: A Resolution to compensate Mr. C. Boston Wynn; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 32. By Mr. Brown of Hart: A Resolution to compensate Mrs. Mack Suit; and for other purposes.
HR 40. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Fondren; and for other purposes.
HR 41. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc., and for other purposes.
HR 42. By Mr. Hall of Lee:
A Resolution compensating the Lee County Board of Education; and for other purposes.
HR 45. By Mr. Brooks of Fulton: A Resolution compensating E. C. A. Forsberg; and for other purposes.
HR 49. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones; and for other purposes.
HR 53. By Messrs. Vaughan and Harris of Bartow: A Resolution to compensate Frank C. Dysart; and for other purposes.
HR 68. By Mr. Caldwell of Upson: A Resolution compensating Jack Donald Grogan; and for other purposes.
HR 69. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle; and for other purposes.
HR 70. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton; and for other purposes.
HR 77. By Mr. Bagby of Paulding: A Resolution to compensate Mr. H. C. Holland; and for other purposes.
FRIDAY, MARCH 5, 1965
1683
HR 78. By Mr. Bagby of Paulding:
A Resolution to compensate Mrs. Emma C. Couch; and for other purposes.
HR 79. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess; and for other purposes.
HR 80. By Mr. Abney of Walker:
A Resolution to compensate Mr. Paul E. Phillips; and for other purposes.
HR 82. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan; and for other purposes.
HR 83. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts; and for other purposes.
HR 84. By Mr. Tucker of Henry: A Resolution compensating Mr. T. W. Craig; and for other purposes.
HR 85. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry; and for other purposes.
HR 86. By Mr. Matthews of Clarke:
A Resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes.
HR 89. By Mr. Etheridge of Fulton: A Resolution compensating Edward F. Graham; and for other purposes.
HR 90. By Mr. Etheridge of Fulton:
A Resolution to compensate Ryder Truck Rental, Inc.; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 94. By Messrs. Mitchell and Smith of Whitfield:
A Resolution to compensate Dwight M. Beaty, Jr.; and for other purposes,
HR 124. By Mr. Rush of Tattnall:
A Resolution to compensate Hon. Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 57. By Mr. Hull of Richmond:
A Bill to amend an Act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 61. By Senator Johnson of the 38th:
A Bill to amend Code Sec. 92-6307, requiring that names of colored and white taxpayers be made out separately on the tag digest; amend Code Sec. 92-6308 requiring the tax receivers and tax collectors of the State to make a report to the Comptroller General of the character and amount of all taxes returned or paid by colored taxpayers; and for other purposes.
SB 96. By Senator Kidd of the 25th:
A Bill to amend Code Section 53-102, defining what persons shall be able to contract marriage, as amended, so as to remove the disability, "impotency", that will render a person unable to contract marriage; and for other purposes.
SB 135. By Senator Kidd of the 25th:
A Bill to amend Code Sec. 49-605, relating to the procedure for termi nating the guardianship of a ward who has been discharged from a psychiatric hospital; and for other purposes.
FRIDAY, MARCH 5, 1965
1685
SB 184. By Senator Rowan of the 8th:
A Bill to amend an Act creating the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to further define earnable compensation; and for other purposes.
SR 37. By Senators Broun of the 46th, Gayner of the 5th and others:
A Resolution proposing an amendment to the Constitution so as to provide for four year terms for State Senators; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th:
A Bill to amend an Act creating the office of Solicitor-General Emeritus and the Solicitors-General Retirement Fund of Georgia, approved Feb. 17, 1949 (Ga. L. 1949, p. 780), as amended; and for other purposes.
SB 125. By Senator Johnson of the 42nd:
A Bill to amend Code Sec. 56-1523, relating to the payment of dividends, to stockholders, so as to provide for the manner in which dividends shall be paid to stockholders of domestic stock insurers; and for other purposes.
SR 82. By Senators Gordy of the 15th and Webb of the llth:
A Resolution relating to the Chattahoochee River Basin Development Commission; and for other purposes.
SB 171. By Senator Gordy of the 15th: A Bill to amend Code Chapter 88-17, providing a complete and compre hensive vital records law for the State of Georgia, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information 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 134. By Messrs. Dixon of Ware and Farrar of DeKalb:
A Bill to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow personal exemption of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the taxpayer's
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JOURNAL OF THE HOUSE,
net income notwithstanding the gross income of such son, daughter or ward; and for other purposes.
HB 467. By Mr. Conger of Decatur:
A Bill to amend an Act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure uninvested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; 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 26. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes.
Referred to the Committee on Judiciary.
SB 57. By Senator Yancey of the 33rd: A Bill to be entitled an Act to amend Code Section 56-407A, relating to the requirements that certain insurance policies contain provisions protecting the insured from damages caused by uninsured motorists, so as to provide for the venue of actions brought against unknown un insured motorists; and for other purposes.
Referred to the Committee on Judiciary.
SB 90. By Senator Kidd of the 25th: A Bill to be entitled an Act to provide that it shall be unlawful for any person to wrongfully take or use for any purpose, any scientific data, etc., which relates to trade secrets of any person, firm, partnership, association or corporation; and for other purposes.
Referred to the Committee on Judiciary.
SB 106. By Senator Dean of the 6th: A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalty therefor, so as to change the penalty provisions regarding abandonment; and for other purposes.
Referred to the Committee on Judiciary.
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SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th:
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 provisions relating to credit for service in the armed forces of the United States; and for other purposes.
Referred to the Committee on Judiciary.
SB 125. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 56-1523, relating to the payment of dividends to stockholders, so as to provide for the manner in which dividends shall be paid to stockholders of domestic stock in surers; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 156. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of non residents; and for other purposes.
Referred to the Committee on Ways and Means.
SB 157. By Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43rd:
A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes.
Referred to the Committee on Judiciary.
SB 171. By Senator Gordy of the 15th:
A Bill to be entitled an Act to amend Code Chapter 88-17, providing a complete and comprehensive vital records law for the State of Georgia, so as to change the provisions relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; and for other purposes.
Referred to the Committee on Judiciary.
SR 69. By Senator Dean of the 6th:
A Resolution to relieve I. E. Reddish as security on a bond; and for other purposes.
Referred to the Committee on Judiciary.
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SR 71. By Senator Webb of the llth:
A Resolution to amend a Resolution relative to the Resources Advisory Board, Southeast River Basins, so as to authorize the Board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 633. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act creating a new charter for the City of Leesburg, so as to change the terms of office of the mayor and five councilmen elected for said City, and for other purposes.
The report of the Committee, which was favorable to passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 651. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Taylor County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report of the Committee, which was favorable to passage of the Bill, was agreed to.
On the passage of the Bill, the 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:
FRIDAY, MARCH 5, 196F
1689
HR 242. By Mr. Smith of Emanuel:
A RESOLUTION
Congratulating Miss Lyn Wilhoit; and for other purposes.
WHEREAS, Miss Lyn Wilhoit, the charming and attractive daugh ter of Mayor and Mrs. Wirt Wilhoit of Warrenton, Georgia, is presently a member of the sophomore class of Louisiana State University; and
WHEREAS, this outstanding young lady has recently been elected secretary of the Association of Women Students, one of the highest honors which may be bestowed upon a student attending said University; and
WHEREAS, while Miss Wilhoit has been in attendance at Louisiana State University, she has participated in and has been active in many of the social and extra-curricular activities of the University, while at the same time maintaining an extremely high academic record of achievement; and
WHEREAS, Lyn Wilhoit has reflected extreme credit upon her parents, her community and the entire State of Georgia by the out standing and exemplary manner in which she has conducted herself as a representative of fine young womanhood of the State of Georgia while attending Louisiana State University; and
WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of this charming and beautiful native of the State of Georgia and express to her our deep appreciation and great pride in her magnificent achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Miss Lyn Wilhoit, the beautiful and talented young daughter of Mayor and Mrs. Wirt Wilhoit, and does hereby extend to her our every wish for her continued success in her social and academic under takings, as well as every wish for a full and bountiful adult life.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the parents of Miss Lyn Wilhoit, Mayor and Mrs. Wirt Wilhoit.
HR 243. By Messrs. Matthews and Bedgood of Clarke:
A RESOLUTION
Congratulating and commending Coach Harbin "Red" Lawson; and for other purposes.
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WHEREAS, Coach Harbin "Bed" Lawson, head basketball coach at the University of Georgia for the past 13 years, has retired as coach upon the advice of physicians; and
WHEREAS, he is one of the most popular coaches in the South eastern Conference and one of the best coaches in the South; and
WHEREAS, he was forced to coach under trying conditions due to the condition of Woodruff Hall at the University of Georgia, in which basketball games at the University were played until the construction of the new Georgia Coliseum; and
WHEREAS, his policy was to recruit as many Georgia boys as possible, and in so doing he gave a tremendous boost to high school basketball in this State; and
WHEREAS, he will continue as a Professor in the Department of Physical Education at the University, but his many friends will al ways miss his presence in the basketball arena;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Coach Harbin "Red" Lawson is hereby extended the sincerest congratulations of all the members of this body for his achievements in the sport of basketball and commend him for being a great coach and a credit to the game.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to Coach Harbin "Red" Lawson.
HR 244. By Messrs. Knight of Berrien, Griffis of Cook and others:
A RESOLUTION
Congratulating Senator & Mrs. Bobby Rowan; and for other pur poses.
WHEREAS, the lovely and gracious wife of the Senator from the Eighth District, Mrs. Robert (Amelia) Rowan, gave birth to a son, Robert Edward Rowan, on March 1, 1965; and
WHEREAS, this youngster will be a source of pride and achieve ment to his parents and the State of Georgia; and
WHEREAS, Senator Rowan has served his constituents and the people of Georgia capably and tirelessly, and Robert Edward Rowan will follow in the footsteps of his dedicated father.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Senator and Mrs. Rowan receive our heart iest congratulations on the birth of Robert Edward Rowan.
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1691
BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby authorized and directed to convey a suitable copy of this Resolution to Senator and Mrs. Rowan.
HR 245. By Mr. Dean of Polk:
A RESOLUTION
Urging the Georgia congressional delegation to support and assist the Lockheed-Georgia Company in their efforts to secure the Air Force C-5A Transport Contract; and for other purposes.
WHEREAS, Lockheed-Georgia is presently building two planes for the Air Force, the C-130 Hercules and the C-141 Star-Lifter; and
WHEREAS, Lockheed has gained invaluable experience in building the C-130 Hercules and the C-141 StarLifter; and
WHEREAS, backlog orders on the Hercules terminate in 1966; and
WHEREAS, Defense Secretary McNamara has recently cut pro duction or the StarLifter from an estimated 350-400 to between 250-300 planes; and
WHEREAS, the Defense Department has narrowed the field on the C-5A contract to Lockheed, Douglas and Boeing; and
WHEREAS, the loss of the C-5A contract would mean a possible reduction in employment at the Marietta plant of 6,000 to 8,000 people; and
WHEREAS, Lockheed has an excellent network of subcontractors which they have developed through their Hercules and StarLifter pro grams; and
WHEREAS, these same subcontractors would participate in the C-5A contract if awarded to Lockheed; and
WHEREAS, Lockheed-Georgia Company is equipped to begin work immediately on the C-5A Air Force Transport Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge each and every member of the Georgia congressional delegation to exert their influence to assist Lockheed-Georgia Company in their efforts to secure the Air Force C-5A Transport Contract.
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 Senator Richard B. Russell, Senator
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Herman E. Talmadge, Representative John W. Davis and to each of the other members of the Georgia congressional delegations, to W. A. (Dick) Pulver, President, Georgia-Lockheed Company and Tom May, C-5A Program Director, Lockheed-Georgia Company.
HR 246. By Mr. Rowland of Johnson:
A RESOLUTION
Expressing appreciation to the young ladies of the telephone center; and for other purposes.
WHEREAS, the young ladies in attendance at the telephone switch board have greatly aided the members of this House in placing and receiving their telephone calls during this session; and
WHEREAS, these young ladies, Miss Josephine Susong, Mrs. Sue Martin and Mrs. Maxine Lawson, 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;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that these above named young ladies are hereby extended the warmest thanks of this House for their prompt, efficient, and untiring efforts in providing this most helpful service and conve nience.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to the Southern Bell Telephone and Telegraph Company and to each of the above named young ladies as a token of the appreciation of this House.
HR 247. By Mr. Gary of Clayton:
A RESOLUTION
Urging all State departments and agencies to economize and exer cise extreme care in the expenditure of State funds; and for other purposes.
WHEREAS, the General Assembly has recently enacted the largest General Appropriations Act in the history of this State, amounting to over $1,217,000,000.00 for the next biennium; and
WHEREAS, although the programs which are to be financed by such appropriations are needed, the members of this body are concerned with the tremendous amount of funds necessary to operate the State Government and the ever increasing demand upon the members of the General Assembly to appropriate additional funds each year.
FRIDAY, MARCH 5, 1965
1693
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby go on record as evidencing grave concern relative to the magnitude of the funds appropriated in the General Appropriations Act and hereby strongly urge each department and agency in the State Government to practice economy and efficiency in the operation of such departments and agencies and exercise extreme care in the expenditure of funds in order that a surplus might be created in the State Treasury.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the head of each State department and agency.
HR 248. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A RESOLUTION
WHEREAS, by Resolution approved March 28, 1961 the General Assembly of the State of Georgia created a commission to be known as the "Fulton County-City of Atlanta Court Study Commission" con sisting of the following distinguished citizens:
Mr. Walter W. Calhoun, 710 Rhodes-Haverty Building
Mr. Asa W. Candler, 410 Palmer Building Mr. H. Fred Gober, 815 Fulton Federal Building
Mr. Devereaux F. McClatchey, 1045 Hurt Building
Mr. Pope B. Mclntire, 434 Trust Company of Georgia Building Mr. Arnold Shulman, 1320 First National Bank Building
Mr. Robert B. Troutman, Sr., 434 Trust Company of Georgia Bldg.
Mr. Robert Biccum, Retail Credit Company Mr. Jefferson Davis, Southern Bell Telephone and Telegraph Co.
Mr. Julius McCurdy, Decatur Federal Savings and Loan Assn.
Mr. Fred Moore, Rhodes-Haverty Building Mr. Joseph L. Morris, The Robinson-Humphrey Co., Inc.
Said commission was created and organized for the purpose of mak ing a full and complete investigation of all the laws, rules, regulations and procedures of the courts having territorial jurisdiction of the City of Atlanta and Fulton County; and
WHEREAS, said commission in the discharge of its duty pro cured the services of Mr. Robert H. Walling, 1116 First National Bank Building and Mr. Nolan B. Harmon, 1944 Bank of Georgia Building; and
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WHEREAS, the said commission has completed its investigation and made its report to the General Assembly.
NOW, THEREFORE, BE IT RESOLVED, by the House of Repre sentatives and the Senate concurring, that a copy of these Resolutions, suitably engrossed, signed by the Governor attested and sealed by the Secretary of State be mailed to each of these lawyers and laymen so that they and each of them by this token may be assured of the deep appreciation for his unselfish service in the making and carrying out of the finest and most effective program of professional responsibility and service.
HE 249. By Messrs. Bynum of Rabun and Clarke of Monroe:
A RESOLUTION
Commending Honorable Roy R. Kelly; and for other purposes.
WHEREAS, Honorable Roy R. Kelly, the distinguished and able Representative of Jasper County, has represented the people of Jasper County in the Georgia House of Representatives for three terms and is serving his fourth term, as well as having served a prior term as a Senator from the old 28th Senatorial District; and
WHEREAS, during his long tenure of service in the Georgia Gen eral Assembly, the gentleman from Jasper County has endeared himself to the hearts of his fellow lawmakers through his many acts of kindness and willing spirit of cooperation; and
WHEREAS, through his efforts as an influential member of the Georgia General Assembly, he has been of primary importance in inaugurating and expanding a progressive highway building program, as well as being very active in the conservation of the State's natural resources through his efforts exercised through his membership on the Natural Resources Committee and the Game and Fish Committee as chairman; and
WHEREAS, the Honorable Roy R. Kelly is an outstanding member of the business community of Jasper County, being vice-president of the Citizens Bank of Shady Dale, Georgia, secretary-treasurer of BanksKelly Company, Inc., president of the Jasper County Farm Bureau, a member of the Board of directors of the Jasper County Development Corporation, vice-president of the Shoppers Pharmacy, Inc., past state director of the Monticello-Jasper Jaycees, past vice-president of the Sixth District Jaycees, former member of the State Democratic Execu tive Committee, past member of the Board of Directors of the Jasper County Chamber of Commerce, and a World War II veteran, having served with distinction in the Asiatic and Pacific Theaters of the war, achieving decorations for six battle stars; and
WHEREAS, it is only befitting and proper that this body commend Honorable Roy R. Kelly for his many outstanding achievements and
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1695
contributions to his constituents in Jasper County and to the entire State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Roy R. Kelly, the distinguished and able represenative of Jasper County, for his outstanding service to the members of this body, his constituents and the entire State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to Honorable Roy R. Kelly.
HR 250. By Messrs. Kelly of Jasper and Clarke of Monroe:
A RESOLUTION
Commending Honorable Knox Bynum; and for other purposes.
WHEREAS, Honorable Knox Bynum, the distinguished and able Representative from Rabun County, is presently serving his fourth term in the Georgia House of Representatives as the Representative from Rabun County; and
WHEREAS, during his tenure of office, the gentleman from Rabun by his friendly and jovial personality has become a fond friend of all members of the General Assembly and those individuals connected with state government; and
WHEREAS, Honorable Knox Bynum, through his service on the Natural Resources Committee, has been instrumental in the development on an advanced program of conservation of our natural resources; and
WHEREAS, during his many appearances in committees and upon the floor of the House of Representatives, he has displayed a particular adeptness at displaying a judicious temperament which is the envy of many members of this body; and
WHEREAS, Honorable Knox Bynum is the past president of his local bar association, having been active in many activities of the bar; and
WHEREAS, recently the gentleman from Rabun has served with distinction upon a special committee charged with the arduous task of revising the rules of practice and procedure in the trial courts of this State and in reforming and simplifying the rules of appellate procedure; and
WHEREAS, the members of this body are deeply indebted to the keen legal mind possessed by this outstanding representative.
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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Knox Bynum, the distinguished and able Representative from Rabun County, is hereby commended for his outstanding service which has been so freely given to his constituents in Rabun County, as well as to the entire State of Georgia.
BE IT FURTHER RESOLVED that this body hereby wishes every continued success to the gentleman from Rabun.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the Honorable Knox Bynum.
HR 251. By Messrs. Abney of Walker, Smith of Grady, and others:
A RESOLUTION
Congratulating Honorable William D. (Jack) Knight; and for other purposes.
WHEREAS, Honorable William D. (Jack) Knight is celebrating his 31st birthday today; and
WHEREAS, the distinguished gentleman from the County of Berrien is serving his third term as a member of the House of Representa tives; and
WHEREAS, it is the desire of the members of this body to express their best wishes to Jack Knight on this joyous occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES this this body does hereby extend to Honorable William D. (Jack) Knight their heartiest congratulations and best wishes on his birthday.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and instructed to transmit an appropriate copy of this Resolution to Honorable William D. (Jack) Knight, Representative, Berrien County.
SR 82. By Senators Gordy of the 15th and Webb of the llth:
A RESOLUTION
Relating to the Chattahoochee River Basin Development Com mission; and for other purposes.
WHEREAS, the Chattahoochee River Basin Development Commis sion has recently been formed; and
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1697
WHEREAS, this commission is dedicated to the complete develop ment of the resources of the Chattahoochee River from Columbus, Georgia, to Atlanta, Georgia; and
WHEREAS, the members of the General Assembly are cognizant of these objectives of said commission:
1. Deep water navigation from Atlanta to the Gulf of Mexico. 2. Flood control. 3. Water supply. 4. Water pollution abatement. 5. Hydro-electric power development. 6. Recreation. 7. Conservation of fish and wildlife preserves. 8. Proper flow of dam control water discharges; and
WHEREAS, construction will begin upon the first dam of this project on July 1, 1965 (the West Point, Georgia, Dam); and
WHEREAS, a public hearing will be conducted by the Mobile District Corps of Engineers office in Atlanta on April 19, 1965; and
WHEREAS, a report is being prepared at said district Engineers' office on this project, covering the feasibility of providing deep water navigational facilities from Columbus to Atlanta; and
WHEREAS, dams at Franklin and Cedar Creek are in the planning stages, along with the necessary locks to be constructed on the existing dams located on the Chattahoochee River; and
WHEREAS, the complete development of the Chattahoochee River will greatly enhance the industrial potential of the Chattahoochee Valley, making Atlanta accessible by deep watercraft, adding much needed electrical power facilities in the expansion of commercial and industrial uses and providing cheaper freight rates and added recreational facili ties.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby pledge its co operation in the further development of this river basin which will pro vide much needed aid for many of the cities and counties in the State of Georgia and our neighboring states of Alabama and Florida.
BE IT FURTHER RESOLVED that this body does hereby commend and laud the formation of this commission which will eventually add new Georgia inland ports in Atlanta and West Point, as well as in crease the present tonnage being received in the present ports located
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at Columbus and Bainbridge and also at Albany, Georgia, which is a part of the Flint River Development Project.
BE IT FURTHER RESOLVED that this body does hereby urge the Governor, the United States Congressional Delegation from the State of Georgia and all of the citizens of Georgia to dedicate their efforts to the full expansion for a greater Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit a suitable copy of this Resolution to His Excellency, the Governor, Carl E. Sanders, each mem ber of the Georgia Congressional Delegation, and the President of the Chattahoochee River Basin Development Commission.
The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 252. By Mrs. Merritt of Sumter and Mr. Matthews of Clarke:
A RESOLUTION
Creating an interim committee to study the administration of, and the rules and regulations relating to, dormitories within the Uni versity System of Georgia; and for other purposes.
WHEEEAS, it has come to the attention of the members of the House of Representatives that the administration of, and the rules and regulations relating to dormitories within the University System of Georgia may be having an adverse affect on student morale and scholastic achievement, and may be a contributing factor to the number of students who drop out of college; and
WHEREAS, these factors are a matter of public concern and are important to the progress and well-being of the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the administration of dormitories and the rules and regulations relating thereto within the University System of Georgia. Said Committee shall seek to determine how and to what extent such administration and such rules and regulations influence student morale, scholastic achievement and the number of students dropping out of college. Said committee shall be authorized to make a comparative survey of the administration and the rules and regulations relating to dormitories within the University System of Georgia with similar administration, rules and regulations of the University Systems of other states. Said committee shall also be authorized to study the physical facilities and accommodations of dormi tories within the University System and determine to what extent, if any, these factors influence student morale, scholastic achievement, and the number of students dropping out of college. Said committee shall
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1699
also be authorized to study the qualifications, salaries and other matters relating to the personnel employed by the University System in all capacities having to do with the supervision and administration of dormitories within said System.
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives is hereby authorized to appoint as many members of the House of Representatives to said committee as he shall deem advis able to carry out the purposes of this Resolution, and shall be further authorized to determine the number of days the committee shall meet. The members of said committee shall receive the compensation per diem, expenses and allowances authorized for legislative members of interim legislative committees, and shall receive such compensation per diem, expenses and allowances for the number of days authorized by the Speaker of the House. The members of the committee shall receive the compensation per diem, expenses and allowances provided for herein from funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations which report shall be accompanied by such proposed legislation as may be recommended by the committee. Such report shall be made on or before December 1, 1965, on which date the committee shall stand abolished.
HE 253. By Mr. Chandler of Baldwin:
A RESOLUTION
Creating an interim study committee to study the cost of patient care in public hospitals and other public institutions; and for other purposes.
WHEREAS, there are many public institutions in Georgia providing hospital care and other services for the physically and mentally ill; and
WHEREAS, the methods of treatment, accommodations and other
i
services afforded such patients are a matter of public concern; and
WHEREAS, the methods used to determine the costs to such patients for such treatment, accommodations, and services is also a matter of public concern;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES that there is hereby created a committee to study
the cost of patient care in public hospitals and other public institutions.
Said committee shall be composed of five members of the House of
\
Representatives to be appointed by the Speaker of the House. Said
committee shall undertake a thorough examination of all matters relat
ing to the purposes for which it was created as herein provided. The
members shall meet within thirty (30) days after all members have been
appointed for the purposes of organizing, electing such officials as may
be deemed advisable, and adopting procedures for the operation of the
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committee. The members shall receive the compensation per diem, ex penses and allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than twenty (20) days per member. Provided, however, the Speaker shall be authorized to extend the number of meeting days authorized herein upon request of the committee in the event additional time is needed to allow the committee to complete the purposes of this Resolution. The committee shall make a report of its findings and recommendations which report shall be accompanied by such proposed legislation that might be recommended by the committee. Such report shall be made on or before December 1, 1965, on which date the committee shall stand abolished.
HE 256. By Mr. Jones of Lumpkin:
A RESOLUTION
Relative to the reapportionment of the House of Representatives; and for other purposes.
WHEREAS, the House of Representatives of the State of Georgia has kept good faith with the United States Federal Court in reapportioning its membership in accordance with the order and directive of said Court; and
WHEREAS, the existing membership of the House of Representa tives of the State of Georgia was duly elected under the laws of the State of Georgia and the Constitution thereof, for a full two-year term expiring December, 1966, however, the Court order did provide that the reapportionment of the House of Representatives become effective January, 1966, and the House of Representatives did in respect to the court order and in further evidence of keeping good faith with the Court make the effective date under the reapportionment Bill passed out in the 1965 Session, as directed by the Court; and
WHEREAS, it has heretofore been the established practice that the terms of the membership of the House of Representatives expire concurrently with the Governor's term, which has been proven to be the best interest of the citizens of the State of Georgia; and
WHEREAS, the expense of ordering a special election in the year 1965 is estimated to exceed $2,000,000; and
WHEREAS, it is unknown at the present time as to what will be the composition of the House of Representatives after this complete reapportionment and it is not beyond the possibility that at least 80% of the composition of said House of Representatives would consist of new membership inexperienced in the field of legislation; and
WHEREAS, if the existing House of Representatives was allowed to serve the term to which it was duly elected by the people of the State
FRIDAY, MARCH 5, 1965
1701
of Georgia and in accordance with its laws and Constitution, to wit: up to and including December 31, 1966, it would enable the citizens of the State of Georgia who have intentions of seeking election in the House of Representatives in the State of Georgia, a training period in the 1966 Session, in order that they could attend same and become familiar with legislative processes and thereby eliminate the hazard of having a completely inexperienced body during the year 1966, which could possibly and would probably pass legislation not in the best in terest of the citizens of the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body urgently request His Excellency, Governor Carl E. Sanders, immediately upon signing into law House Bill No. 367, to transmit same to the Honorable Judges of the United States Federal Court, and for the Attorney General of the State of Georgia to petition said Honorable Court of rule on the validity of said Bill and further petition the Honorable Court to consider modifying their order with reference to the effective date of said Bill so that the existing membership can serve their duly elected terms if the Honor able Court would see fit to modify their order accordingly, all of which would be to the best interests of the citizens of the State of Georgia, and that the Attorney General prepare a Bill to amend House Bill No. 367 changing its effective date so that the membership of the House of Representatives can serve as aforesaid.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 84. By Mr. Brooks of Fulton: A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes, and for other purposes.
The following Senate amendment was read:
The Committee on Highways moves to amend HB 84 by adding at the end of paragraph 3 before the period and quotation marks, a comma and the words, "Provided said farm trailer shall not weigh over 4000 Ibs. when empty."
The following amendment to the Senate amendment was read and adopted:
Brooks of Fulton moves to amend Senate Amendment to HB 84, by adding at the end thereto the following:
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JOURNAL OF THE HOUSE,
"By adding to the title after the words, "equipped with brakes;" and before the words, "to repeal", the words, "to provide for ex emptions to certain other types of trailers;".
Mr. Brooks of Fulton moved that the House agree to the Senate amendment as amended by the House on HB 84.
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 Arnsdorff Ballard Beck Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Conger Crowe Dailey DeLoach DeVane Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford
Gary Griffin Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Houston Howell Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Mauldin Mauney McDaniell McKemie
McRae Melton Merritt Milhollin Minge Mitchell Moate
Moses Murphy NeSmith, J. D.
Newton, A. S. Odom Oglesby Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Rush Russell Sewell Shea Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas
Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker
FRIDAY, MARCH 5, 1965
Watkins Watson White Wiggins Williams, G. J.
1703
Williams, W. M. Wilson Woodward Wright
Voting in the negative was Mr. Underwood.
Those not voting were Messrs.:
Abney Acres Bagby Balkcom Barber Bedgood Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Bynum Coker, R. Colwell Conner Davis Dean Dickinson Doster Etheridge Flynt Grahl Griffis Hale
Hall Harris, R. W. Holder Hudgins Irvin Johnson, B. Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lane Lovett Maddox Marshall Matthews, C. Matthews, D. R. McClelland McCracken Mixon Moore, Don C. Moore, J. H. Nessmith, P.
Newton, D. L. Otwell Overby Pafford Pickard Rainey Reaves Roberts Rodgers, H. B. Roper Savage Shuman Simmons Simp son Smith, A. B. Smith, G. L. II Smith, V. T. Snow Spikes Thomason Tidwell Ware Wells Mr. Speaker
On the motion to agree, the ayes were 131, nays 1.
The House has agreed to the Senate amendment as amended by the House to HB 84.
HB 6. By Messrs. Snow of Walker, Clarke of Monore, Blair of Sumter and others:
A Bill to be entitled an Act to provide for grants to cei-tain incorporated municipalities for the purpose of aiding in the construction and mainte nance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, and for other pur poses.
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JOURNAL OF THE HOUSE,
The following Senate amendments were read:
The Committee on Highways moves to further amend HB 6 as follows:
By adding a new subsection to Section 2 to be known as subsection (e) and to read as follows:
"(e) The computation of individual municipal grants as called for in this Act shall be prepared by the Director of the State Highway Department and certified to the State Treasurer. Upon receipt of such certified computation the State Treasurer shall make payments as called for herein."
By striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Prior to June 1, 1965, and prior to June 1 of each succeeding year, a certificate shall be filed which shall be the basis upon which payments shall be made of funds made available under this Act for the immediately succeeding fiscal year beginning July 1 and ending June 30. In the event no certificate is filed within the time limitations specified above, the municipality shall not be en titled to and shall not be paid any funds for the applicable period, and such municipality shall not be included in the formula for determining the amount of the grants as provided in section 2 of this Act."
By striking from Section 6 everything following the period at the end of the second sentence thereof.
Senator Mclntyre of the 40th moves to amend HB 6 as follows:
Delete in Section 3 line 8 "who received" and insert in lieu thereof the words "which has received".
The following amendment to the Senate amendment was read and adopted:
Mr. Snow of Walker moves to amend Senate amendment to HB 6 as follows:
By striking Section 1 in its entirety and substituting 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 State funds be made available to the governing bodies of certain incorporated municipalities of this State to aid them in fulfilling their responsibility to construct and maintain a system of public roads, streets, sidewalks, bridges and appurtenances, and to provide traffic control devices and equipment
FRIDAY, MARCH 5, 1965
1705
to control and accommodate the flow of traffic therein, and funds made available under this Act shall be used for such purposes and not otherwise."
Mr. Snow of Walker moved that the House agree to the Senate amendments amended by the House to HB 6.
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 Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Collins, M. Crowe Dailey Dean DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Fulford Gary Grahl
Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Matthews, C. Mauney McKemie McRae Melton Merritt Mixon Moate Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Overby Pafford Page Paris Parker Perry Peterson Pope Poss Potts Heaves Reid Richardson Rowland Russell Savage Sewell Shea Shuman Simkins Simpson Singer Snow Spikes Spillers Steis Story Strickland Sweat Tucker, Ray M. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson
1706
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Balkeom Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Bynum Caldwell Clark, J. T. Coker, R. Collins, J. F. Colwell Conger Conner Davis DeLoach Dollar Dorminy Doster Dunwody Flynt Griffis Hale Hall Henderson Jones, C. M, Jones, F. C.
Jones, G. Paul Jordan, W. H. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin McClelland McCracken McDaniell Milhollin Minge Mitchell Moore, J. H.
Moses Otwell Phillips, G. S. Phillips, L. L. Pickard Rainey
Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Tabb Thomas Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Watkins Wells White Woodward Wright Mr. Speaker
On the motion to agree to the Senate amendment, the ayes were 120, nays 0.
The House has agreed to the Senate amendment as amended by the House to HB 6.
HR 18-27. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and
FRIDAY, MARCH 5, 1965
1707
approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 18-27.
HR 19-27. By Mr. Irvin of Habersham: A Resolution to compensate Mr. Cliff Pitts, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 19-27.
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JOURNAL OF THE HOUSE,
HR 25-43. By Mr. Bowen of Dooly:
A Resolution to compensate Mrs. Merle C. Chancy, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 25-43.
HR 26-43. By Mr. Lee of Clayton:
A Resolution to compensate Grover Jackie Darnell and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
FRIDAY, MARCH 5, 1965
1709
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 26-43.
HR 29-47. By Mr. Coker of Turner:
A Resolution to compensate Mr. C. Boston Wynn, and for other purposes. The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 29-47.
HR 32-58. By Mr. Brown of Hart: A Resolution to compensate Mrs. Mack Suit, and for other purposes.
1710
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 32-58.
HR 40-84. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Fondren, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
FRIDAY, MARCH 5, 1965
1711
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 40-84.
HR 41-84. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc., and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 41-84.
HR 42-84. By Mr. Hall of Lee: A Resolution compensating the Lee County Board of Education, and for other purposes.
The following Senate amendment was read: Senator Gillis of the 20th offered the following amendment: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official
1712
JOURNAL OF THE HOUSE,
to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 42-84.
HR 45-85. By Mr. Brooks of Fulton: A Resolution compensating E. C. A. Forsberg, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
FRIDAY, MARCH 5, 1965
1713
The House has disagreed to the Senate amendment to HR 45-84.
HR 49-87. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 49-87.
HR 53-99. By Messrs. Vaughan and Harris of Bartow: A Resolution to compensate Frank C. Dysart, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and
1714
JOURNAL OF THE HOUSE,
approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be pun ished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 53-99.
HR 68-117. By Mr. Caldwell of Upson: A Resolution compensating Jack Donald Grogan, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 68-117.
FRIDAY, MARCH 5, 1965
1715
HR 69-117. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 69-117.
HR 70-117. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
1716
JOURNAL OF THE HOUSE,
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 70-117.
HR 77-120. By Mr. Bagby of Paulding: A Resolution compensating Mr. H. C. Holland, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 77-120.
HR 79-120. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess, and for other purposes.
FRIDAY, MARCH 5, 1965
1717
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 79-120.
HR 78-120. By Mr. Bagby of Paulding: A Resolution to compensate Mrs. Emma C. Couch, and for other pur poses.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
1718
JOURNAL OP THE HOUSE,
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 78-120.
HR 80-120. By Mr. Abney of Walker: A Resolution to compensate Mr. Paul E. Phillips, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 80-120.
HR 82-121. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan, and for other purposes.
The following Senate amendment was read: Senator Gillis of the 20th offered the following amendment:
FRIDAY, MARCH 5, 1965
1719
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 82-121.
HR 83-121. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
1720
JOURNAL OF THE HOUSE,
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 83-121.
HR 84-121. By Mr. Tucker of Henry: A Resolution to compensate Mr. T. W. Craig, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 84-121.
HR 85-121. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any
FRIDAY, MARCH 5, 1965
1721
remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 85-121.
HR 86-121. By Mr. Matthews of Clarke: A Resolution to compensate Mr. and Mrs. Albert Evans, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 86-121.
1722
JOURNAL OF THE HOUSE,
HR 89-123. By Mr. Etheridge of Fulton: A Resolution compensating Edward T. Graham, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 89-123.
HR 90-123. By Mr. Etheridge of Fulton: A Resolution to compensate Ryder Truck Rental, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
FRIDAY, MARCH 5, 1965
1723
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 90-123.
HR 94-123. By Messrs. Mitchell and Smith of Whitfield: A Resolution to compensate Dwight M. Beaty, Jr., and for other pur poses.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 94-123.
1724
JOURNAL OF THE HOUSE,
HR 124-192. By Mr. Rush of Tattnall:
A Resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 111, nays 14.
The House has disagreed to the Senate amendment to HR 124-192.
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 485. By Mr. Jones of Bibb:
A Bill to be entitled an Act to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon, and for other purposes.
The following amendment was read and adopted:
FRIDAY, MARCH 5, 1965
1725
Mr. Jones of Bibb moves to amend HB 485 as follows:
By renumbering Section 3 and 4 as Section 4 and 5 respectively and adding a new Section 3 as follows:
Section 3. Any person who willfully and knowingly falsifies such identi fication or deliberately misrepresents such an illness shall be guilty of a misdemeanor.
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.:
Anderson Arnsdorff Ballard Barber Beck Black Blalock Bolton Bowen, J. 0. Brinkley Brown, Gene Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Colwell Conger Conner Dailey Davis Dean DeVane Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar
Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Herndon Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jordan, Ben C. Laite Lambert Lee, F. S. Lee, G. B. Leonard Lewis, P. B. Luke Matthews, C. Mauldin Mauney McDaniell McKemie McRae Mitchell
Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pope Poss Reid Richardson Rowland Russell Savage Sewell Singer Smith, J. R. Spikes Spillers Stalnaker Steis Story Strickland Tidwell
1726
Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N.
JOURNAL OF THE HOUSE,
Walker Ware Watson Wiggins
Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs. Jones, M., Minge, Sweat, Tucker, Ray M.
Those not voting were Messrs.:
Abney Acree Alien Bagby Balkcom Bedgood Blair Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Coker, R. Collins, J. F. Collins, M. Crowe DeLoach Dickinson Dixon Dorminy Flynt Griffis Hale Hall Harris, J. R. Harris, R. W.
Henderson Holder Hull Johnson, B. Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Maddox Marshall Matthews, D. R. McClelland McCracken Melton Merritt Milhollin Mixon Moore, J. H. Moses Nessmith, P. Overby Phillips, L. L. Pickard
Potts Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Shea Shuman Simkins Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Tabb Thomas Thomason Watkins Wells White Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 111, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Jones of Bibb moved that HB 485 be immediately transmitted to the Senate.
FRIDAY, MARCH 5, 1965
1727
The motion prevailed and HB 485 was immediately transmitted to the Senate.
HR 210-558. By Messrs. Steis of Harris, Duncan of Cobb and others:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County, to be used as a site for construction of an armory for the Geor gia Air National Guard, with one hundred percent federal funds, 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.:
Acree Anderson Arnsdorff Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brinkley Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Conger Crowe Davis Dean DeLoach DeVane Dickinson
Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Floyd Fulford Grahl Griffin Harrell Harrington Harris, J. P. Harris, J. R. Herndon Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Laite
Lambert Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lowrey Luke Marshall Matthews, C. Mauney McDaniell McKemie McRae Merritt Minge Mitchell Moate Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell
Overby Pafford Page Paris Parker Perry Peterson
1728
Phillips, G. S. Pope Poss Reid Rhodes Richardson Roberts Ross Rowland Russell Savage Sewell
JOURNAL OF THE HOUSE,
Simkins Singer Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Tidwell
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Abney Alien Bagby Balkcom Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brown, Gene Bynum Chandler Clark, J. T. Coker, R. Conner Dailey Dorminy Etheridge Flynt Gary Griffis Hale Hall Harris, R. W. Henderson
Holder Irvin Johnson, B. Kelly Knight, D. W. Knight, W. D. Lane Lee, W. J. (Bill) Leonard Looper Lovett Maddox Matthews, D. R. Mauldin McClelland McCracken Melton Milhollin Mixon Moore, Don C. Moses Nessmith, P. Newton, D. L. Phillips, L. L. Pickard
Potts Rainey Reaves Rodgers, H. B. Rogers, Jimmie Roper Rush Shea Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Thomas Thomason Tucker, J. B. Watkins Wells White Wright 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. Duncan of Cobb moved that HR 210-558 be immediately transmitted.
The motion prevailed and HR 210-558 was ordered immediately transmitted to the Senate.
FRIDAY, MARCH 5, 1965
1729
HB 618. By Messrs. Brooks and McClelland of Fulton:
A Bill to be entitled an Act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain 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:
Acree Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brinkley Brooks, Geo, B. Brooks, Wilson Brown, M. P. Byrd Caldwell Carr Chandler Clarke, H. G. Collins, J. F. Colwell Conger Conner Davis Dean DeLoach DeVane Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
Farrar Floyd Fulford Gary Grahl Harrell Harrington Harris, J. F. Harris, J. R. Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Mauldin
Mauney McKemie McRae Melton Merritt Milhollin Minge Mitchell Moate Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reid Rhodes Richardson Roberts Rogers, Jimmie Rowland
1730
Savage Sewell Shea Simkins Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers
JOURNAL OP THE HOUSE,
Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughan, D. N.
Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs. :
Ahney Alien Anderson Bagby Ballard Bolton Bowen, R. L. Brackin Branch Brantley Brown, Gene Busbee Bynum Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Crowe Dailey Diekinson Dorminy Etheridge Flynt Griffin
Griffis Hale Hall Harris, R. W. Henderson Herndon Holder Irvin Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Leonard Lovett Maddox Matthews, D. R. McClelland McCracken McDaniell Mixon Moore, Don C. Moore, J. H.
Moses Pickard Potts Rainey Reaves Rodgers, H. B. Roper Ross Rush Russell Shuman Simmons Simpson Smith, A. B. Smith, E. B., Jr. Snow Thomason Tucker, J. B. Vaughn, C. R. Watkins Wells White Mr. Speaker
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Brooks of Fulton moved that HB 618 be immediately transmitted to the Senate.
The motion prevailed and HB 618 was ordered immediately transmitted to the Senate.
FRIDAY, MARCH 5, 1965
1731
HB 65. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-618, relating to the licensing requirements for surplus line brokers, so as to increase the bond required of the broker, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Insurance moves to amend HB 65 as follows:
By striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Section 56-618, relating to the licensing re quirements for surplus line brokers, is hereby amended by striking in its entirety Subsection (4) of said Section and substituting in lieu thereof a new Subsection (4) to read as follows:
" '(4) Prior to the issuance of the license or any renewal there of, the applicant shall file with the Commissioner, a bond, to be approved by the Commissioner and made payable to the Commis sioner or his successor in office, executed by such applicant as principal and by a corporate surety authorized to do business in this State, in the penal sum of $20,000, conditioned that the broker will conduct the business in accordance with the provisions of this Title, that he will remit promptly the taxes provided for in section 56-623, and that he will account to any person requesting him to obtain insurance, for monies or premiums collected in connection there with.
No such bond shall be terminated unless prior to such termi nation 30 days' written notice is filed with the Commissioner.'"
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:
Anderson Arnsdorff Balkcom Barber
Beck Bedgood Black Blair
Blalock Bolton Bowen, J. 0. Bowen, R. L.
1732
JOURNAL OF THE HOUSE,
Brackin Brinkley Brooks, Wilson Brown, Gene Caldwell Chandler Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Conger Conner Davis Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Fulford Gary Grahl Griffin Harrington Harris, J. F. Herndon Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C.
Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Laite Lambert Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Melton Merritt Minge Mitchell Moate Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S.
Pope Poss Reid Richardson Roberts Rowland Russell Savage Sewell Shea Simkins Simpson Singer Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Acree Alien Bagby Ballard Branch Brantley Brooks, Geo. B. Brown, M. P. Busbee
Bynum Byrd Carr Clark, J. T. Coker, R. Collins, J. F. Crowe Dailey Dickinson Etheridge
Flynt Griffis Hale Hall Harrell Harris, J. R. Harris, R. W. Henderson Holder Hull
Irvin Jones, C. M. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, W. J, (Bill) Lovett Luke Maddox Mauney McClelland McCracken Milhollin
FRIDAY, MARCH 5, 1965
Mixon Moore, Don C. Nessmith, P. Pafford Phillips, L. L. Pickard Potts Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Ross
1733
Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Snow Story Tucker, J. B. Watkins Wells Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Conner of Jeff Davis moved that HB 65 be immediately transmitted to the Senate.
The motion prevailed, and HB 65 was ordered immediately transmitted to the Senate.
HB 468. By Mr. Conger of Decatur: A Bill to be entitled an Act to provide for the organization and creation of a statewide business development corporation or corporations, and for other purposes.
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
Barber Beck Blair
Blalock Bolton Bowen, J. O.
1734
JOURNAL OF THE HOUSE,
Brinkley Brooks, Geo. B. Busbee Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Conger Conner Davis Dean DeLoach DeVane Dickinson Dollar Dorminy Dunwody Evans Farrar Floyd Gary Grahl Griffin Harrell Harrington Harris, J. F. Holder Howell Hudgins Hull Hutchinson Johnson, Dr. A. S.
Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, D. R. Mauldin McKemie McRae Melton Merritt Minge Mixon Moate Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page
Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Rainey Reid Richardson Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, V. T. Spillers Stalnaker Steis Story Tabb Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wiggins Wilson Wright
Those voting in the negative were Messrs. Dixon, Jones, M., and Thomas.
Those not voting were Messrs.:
Abney Acree Alien Balkcom Ballard Bedgood Black Bowen, R. L. Brackin Branch Brantley Brooks, Wilson
Brown, Gene Brown, M. P. Bynum Carr Coker, R. Collins, J. F. Colwell Crowe Dailey Doster Duncan, A. C. Duncan, V. W.
Etheridge Flynt Fulford Griffis Hale Hall Harris, J. R. Harris, R. W. Henderson Herndon Houston Irvin
Jessup Johnson, B. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Looper Maddox Matthews, C. Mauney McClelland McCracken McDaniell Milhollin Mitchell Moore, Don C. Moore, J. H.
FRIDAY, MARCH 5, 1965
Nessmith, P. Oglesby Peterson Pickard Poss Potts Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Simmons Singer Smith, A. B. Smith, Chas. C.
1735
Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Strickland Sweat Thomason Tucker, J. B. Ware Watkins Wells White Williams, G. J. Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 112, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Conger of Decatur, moved that HB 468 be immediately transmitted.
The motion prevailed and HB 468 was ordered immediately transmitted to
the Senate.
"
HB 551. By Messrs. Minge and Lowrey of Floyd:
A Bill to be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside 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.:
1736
Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brown, M. P. Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Conger Crowe Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, V. W. Evans Farrar Floyd Gary Grahl Griffin Harrell
JOURNAL OF THE HOUSE,
Harrington Harris, J. F. Howell Hudgins Hull Hutchinson
Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C.
Jones, G. Paul Jones, M.
Jordan, Ben C. Kelly Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McRae Melton Merritt Minge Mitchell Mixon Moate Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S.
Pope Poss Reid Ross Russell Savage Simkins Simpson Smith, Chas. C. Smith, J. R. Spikes Spillers Stalnaker Steis Story Strickland
Sweat Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Abney Acree Alien Bedgood Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene
Busbee Bynum
Coker, R. Collins, J. F.
Colwell Conner Dailey Davis Duncan, A. C. Dunwody
Etheridge Flynt Fulford Griffis Hale Hall Harris, J. R. Harris, R. W. Henderson Herndon
Holder Houston Jessup Johnson, B. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Looper Lovett Maddox Mauney McClelland McCracken McKemie Milhollin
FRIDAY, MARCH 5, 1965
Moore, Don C. Moore, J. H. Nessmith, P. Phillips, L. L. Pickard Potts Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Sewell
1737
Shea Shuman Simmons Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Tabb Thomason Watkins Wells White Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Minge of Floyd moved that HB 551 be immediately transmitted to the Senate.
The motion prevailed and HB 551 was ordered immediately transmitted to the Senate.
HB 584. By Mr. Lambert of Morgan: A Bill to be entitled an Act to amend an Act providing that any judge of the superior court may request any judge emeritus of the superior court of his judicial circuit or an adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making the request, so as to provide that any judge emeritus may serve in any judicial circuit of the state on request of a judge of any 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 roll call was ordered and the vote was as follows:
1738
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Acree Anderson Arnsdorff
Bagby Balkcom Ballard Barber Beck Black Blalock Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brown, M. P. Bynum Byrd Caldwell Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Dailey Davis Dean DeLoach DeVane Doster Duncan, A. C. Duncan, V. W. Etheridge Evans Parrar Fulford Gary Grahl Griffin Harrell Harrington
Harris, J. F. Harris, J. R. Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Luke Mauldin Mauney McDaniell McKemie McRae Melton Mixon Moate Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Otwell Pafford Page Paris Parker Perry Peterson
Phillips, G. S. Phillips, L. L. Pope Poss Potts Eeid Richardson Roberts Roper Ross Rowland Russell Savage Sewell Shea Simkins Simmons Singer Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Dixon Milhollin
Murphy Sweat
Williams, G. J.
Those not voting were Messrs.:
Abney Alien
Bedgood Blair
Bowen, R. L. Brackin
Branch Brantley Brooks, Wilson Brown, Gene Busbee Carr Clark, J. T. Collins, J. F. Conger Conner Dickinson Dollar Dorminy Dunwody Floyd Flynt Griffis Hale Hall Harris, R. W. Henderson Herndon Holder
FRIDAY, MARCH 5, 1965
Johnson, B. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Leonard Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. McClelland McCracken Merritt Minge Mitchell Moore, Don C. Moore, J. H. Nessmith, P.
1739
Oglesby Overby Pickard Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rush Shuman Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Tucker, J. B. Wells White Mr. Speaker
On the passage of the Bill, the ayes were 126, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lambert of Morgan moved that HB 584 be immediately transmitted to the Senate.
The motion prevailed and HB 584 was ordered immediately transmitted to the Senate.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, and others: A Bill to be entitled an Act to amend Code Sections 92-2401, 92-2402 and 92-2405 relating to the imposition, assessment, reporting and collect ing of the annual license or occupation tax on corporations, so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for income tax, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1740
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 Anderson Arnsdorff Balkcom Ballard Barber Beck Black Blair Bolton Bowen, J. O. Brinkley Busbee Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, M. Colwell Dailey Davis Dean DeVane Dickinson Dixon Doster Duncan, V. W. Etheridge Evans Farrar Fulford Grahl
Harrington Harris, J. F. Harris, J. R. Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lowrey Luke Mauldin Mauney McKemie McRae Melton Merritt Minge Mixon Moate Moore, J. H. Murphy Newton, A. S. Odom Oglesby Otwell Overby Pafford
Page Paris Parker Perry Peterson Phillips, G. S.
Pope Poss Potts Reaves Reid Rogers, Jimmie Russell Simkins Singer Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Alien Bagby Bedgood Blalock Bowen, R. L. Brackin Branch
Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Clark, J. T. Collins, J. F.
Conger Conner Crowe DeLoach Dollar Dorminy Duncan, A. C.
Dunwody Floyd Plynt Gary Griffin Griffis Hale Hall Harrell Harris, R. W. Henderson Herndon Holder Howell Hull Jessup Johnson, B. Jones, F. C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane
FEIDAY, MAECH 5, 1965
Leonard Lewis, P. B. Lovett Maddox Marshall Matthews, C. Matthews, D. R. McClelland McCracken McDaniell Milhollin Mitchell Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, D. L. Phillips, L. L. Pickard Rainey Rhodes Richardson Roberts Rodgers, H. B.
1741
Roper Ross Rowland Rush Savage Sewell Shea Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith. J. R. Tabb Tucker, J. B. Vaughn, C. R. Ware Watkins Wells White Wright Mr. Speaker
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Wiggins of Carroll moved that HB 561 be immediately transmitted to the Senate.
The motion prevailed and HB 561 was ordered immediately transmitted to the Senate.
HB 600. By Messrs. Harris of DeKalb and Dixon of Ware: A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1742
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brinkley Brooks, Geo. B. Brown, Gen* Brown, M. P. Busbee Byrd Carr Coker, G., Dr. Coker, R. Conger Conner Dailey Dean DeVane Dixon Dorminy Duncan, A. C. Duncan, V. W. Etheridge Evans Farrar Floyd Fulford Grahl Griffin
Harris, J. R. Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Luke Matthews, C. McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby
Pafford Page Paris Parker Perry Phillips, G. S. Pope Poss Potts Reaves Reid Richardson Roberts Rowland Russell Sewell Shea Simkins Simpson Smith, V. T. Snow Spikes Spillers Steis Story Strickland Sweat Thomas Tidwell Tucker, Ray M. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Acree Alien Bowen, R. L. Brackin Branch
Brantley Brooks, Wilson Bynum Caldwell Chandler
Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Colwell
Crowe Davis DeLoach Dickinson Dollar Doster Dunwody Flynt Gary Griffis Hale Hall Harrell Harrington Harris, J. F. Harris, R. W. Henderson Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Laite Lambert
FRIDAY, MARCH 5, 1965
Lane Lee, W. J. (Bill) Leonard Looper Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell Mitchell Moses Newton, D. L. Peterson Phillips, L. L. Pickard Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Roper
1743
Boss Rush Savage Shuman Simmons Singer, G. S. Smith, A .B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Stalnaker Tabb Thomason Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Wells White Wright Mr. Speaker
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Harris of DeKalb moved that HB 600 be immediately transmitted to the Senate.
The motion prevailed and HB 600 was ordered immediately transmitted to the Senate.
HB 378. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 110-1001 providing the manner in which a judgment shall become dormant and shall not be enforced, so as to provide that an execution shall be entered or reentered on the general execution docket on the same date as an entry on said execution or a written notice of public effort is entered, and for other purposes.
1744
JOURNAL OP THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, as amended, so as to provide that when an entry on the execu tion or a written notice of public effort is filed for record, the execution shall be recorded or re-recorded on the general execution docket with all entries thereon; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, as amended, is hereby amended by striking therefrom the following:
"Provided, that when an entry is filed for record more than seven years from the date of the execution, the execution shall be recorded with all entries thereon, but if filed within seven years, the entry shall be recorded on the original record of the execution.",
and inserting in lieu thereof the following:
"Provided, that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or re-recorded on the general execution docket with all entries thereon.",
so that when so amended Code Section 110-1001 shall read as follows:
"110-1001. Dormancy of judgments.--A judgment shall become dormant and shall not be enforced:
"1. When seven years shall elapse after the rendition of the judgment before execution is issued thereon and entered on the general execution docket of the county wherein such judgment was rendered; or
"2. Unless entry is made on the execution by an officer au thorized to levy and return the same and such entry and the date thereof are entered by the clerk on the general execution docket within seven years after issuance of the execution and its record; or
"3. Unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made and due written notice of such effort, specifying the time of the institution of the suit or proceedings, the nature thereof, the names of the parties thereto and the name of the court in which it is pending, is filed by the plaintiff in execution or his attorney at law with the clerk and entered by said clerk on the general execution docket,
FRIDAY, MARCH 5, 1965
1745
all at such times and periods that seven years will not elapse be tween such entries of such notices or between such an entry and a proper entry made as prescribed in paragraph 2.
"The record of the execution made as prescribed in paragraph 1 of this section, or of every entry as prescribed in paragraph 2 or in paragraph 3 shall institute a new seven-year period within which the judgment shall not become dormant; Provided that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or re-recorded on the general execution docket with all entries thereon.
"It shall not be necessary in order to prevent dormancy that such execution be entered or such entry recorded on any other docket."
Section 2. This Act shall become effective on July 1, 1965.
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brown, Gene Busbee Byrd Carr
Chandler Coker, G. Dr. Coker, R. Colling, M. Crowe Dailey Dean DeVane Dixon Duncan, V. W. Etheridge Farrar Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F.
Harris, J. R. Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Luke Matthews, C.
1746
Mauldin McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page
JOURNAL OF THE HOUSE,
Paris Parker Perry Pope Poss Potts Reaves Reid Roberts Rogers, Jimmie Roper Rowland Russell Savage Shuman Simkins Simpson Singer Smith, Chas. C.
Snow Spikes Spillers Steis Story Strickland Sweat Thomas Tucker, Ray M. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Acree Alien Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, M. P. Bynum Caldwell Clark, J. T. Clarke, H. G. Collins, J. P. Colwell Conger Conner Davis DeLoach Dickinson Dollar Dorminy Doster Duncan, A. C. Dunwody Evans
Plynt
Griffis
Hale
Hall
Harris, R. W.
Henderson Herndon Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Looper Lovett Lowrey Maddox Marshall Matthews, D. R. Mauney McClelland McCracken McDaniell Minge Mitchell
Moses
Murphy
Otwell
Peterson
Phillips, G. S.
Phillips, L. L. Pickard Rainey Rhodes Richardson Rodgers, H. B. Ross Rush Sewell Shea Simmons Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Tabb Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Watkins White
Woodward
Wright
Mr. Speaker
FRIDAY, MARCH 5, 1965
1747
On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Jones of Muscogee, moved that HB 378 be immediately transmitted to the Senate.
The motion prevailed and HB 378 was ordered immediately transmitted to the Senate.
HB 452. By Mr. Brinkley of Muscogee:
A Bill to be entitled an Act to amend Code Section 92-7701, providing the time within which all State, County, City or other tax executions, before or after legal transfer and record, shall be enforced, so as to change the manner and time in which such executions may be enforced, and for other purposes.
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P.
Busbee Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Crowe Dailey Dean DeVane Dickinson Dixon Dorminy Duncan, V. W. Etheridge Evans
Farrar Floyd Fulford Gary Grahl Griffin Harrell Harrington Harris, J". F. Harris, J. R. Harris, R. W. Holder Houston Howell Hudgins Hull Hutchinson
1748
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Kelly Knight, W. D. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Matthews, C. Mauldin McDaniell McKemie McRae Melton Merritt Minge Mixon
Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Pope Poss Potts Reid Roberts Rogers, Jimmie Russell Savage Shuman
Simkins
Simpson Singer Smith, Chas. C. Smith, G. L. II Snow Spikes Spillers Steis Story Strickland Sweat Thomas Tucker, Ray M. Vaughan, D. N. Walker Ware Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Acree Alien Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Bynum Caldwell Chandler Clark, J. T. Collins, J. P. Colwell Conger Conner Davis Deloach Dollar Doster Duncan, A. C. Dunwody Flynt Griffis Hale
Hall Henderson Herndon Jones, F. C. Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lovett Maddox Marshall Matthews, D. R. Mauney McClelland McCracken Milhollin Mitchell Moore, J. H.
Moses Nessmith, P.
Peterson Phillips, G. S. Phillips, L. L. Pickard Rainey Reaves Rhodes Richardson Rodgers, H. B. Roper Ross Rowland Rush Sewell Shea Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Stalnaker Tabb Thomason Tidwell Tucker, J. B.
Underwood Vaughn, C. R. Watkins
FRIDAY, MARCH 5, 1965
1749
Wells White Wright
Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Brinkley of Muscogee moved that HB 452 be immediately transmitted to the Senate.
The motion prevailed and HB 452 was ordered immediately transmitted to the Senate.
SB 102. By Senators Loggins of the 53rd, Pincher of the 51st, Kendrick of the 32nd and others:
A Bill to be entitled an Act to create the Metropolitan Atlanta Rapid Transit Authority, and for other purposes.
Mr. Bolton of Spalding moved that further consideration of SB 102 be post poned until Monday, March 8, 1965 and the motion prevailed.
Further consideration of SB 102 was postponed until March 8, 1965.
Mr. Moore of Polk asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Insurance and recommitteed to the Committee on Education:
HB 494. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend Code Section 56-1310 of the Code, known as the Georgia Insurance Code, so as to provide that the license fees and taxes which municipalities are authorized to impose and collect upon insurance companies shall not apply to life insurance companies writing insurance exclusively through state education associations for members of said associations, and for other purposes.
The consent was granted and HB 494 was withdrawn from the Committee on Insurance and recommitteed to the Committee on Education.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:30 o'clock a.m. Monday and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock a.m. Monday.
1750
JOURNAL OP THE HOUSE,
Representative Hall, Atlanta, Georgia
Monday, March 8, 1965
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 Rev. H. N. Ernest, East Side Baptist Church, Moultrie, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F.
Collins, M. Colwell Conger Conner Crowe Dailey Davis Dean Deloach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston
Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr., A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R.
Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson
MONDAY, MARCH 8, 1965
Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R.
1751
Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
1752
JOURNAL OF THE HOUSE,
4. Reports of Standing Committees.
5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The Speaker asked unanimous consent that the Rules be suspended in order that all Bills and Resolutions introduced today could be read for the first time and referred to the Committees.
The consent was granted and the Rules were suspended.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules met and, pursuant to the rules of the House, fixed the Calendar for Monday morning, March 8, 1965, and submits the following:
HB 103. Income tax, exemptions. HB 225. Social Security, certain employees HB 227. Motor vehicles, operating under influence of liquor. HB 341. Alcoholic Beverages, offenses. HB 350. State and County elections, Justice of Peace (Postponed). HB 386. Confiscation of weapons. HB 421. Real Estate Titles. HB 433. Building and Loan Act, Amend. HB 472. County surveyors, qualifications. HB 474. Cobb Judicial Circuit, court reporter. HB 512. License tag, veterans. HB 519. Dairy Inspection Act, Amend. HB 524. Vaccine Permit Act. HB 534. Telephone, telegraph, charges. HB 550. Military personnel, bonds. HB 560. Insurance companies, increase tax. HB 580. Election, members of House. HB 589. Place of origin, telephone call.
MONDAY, MARCH 8, 1965
1753
HB 646. Practical nurses, examiners. HB 663. Farm equipment on highways. HB 666. Legislative Branch, appropriations. HR 233-640. Convey land, Baldwin County. HR 238-657. Interim committee, public schools. SB 102. Rapid Transit Authority. HB 509. Liability of insurer. HB 510. Liability of insurer. HB 526. Property taxation. HR 225-612. Insurance Study Committee.
The Speaker shall have the right to call up any of the Bills fixed on the Rules Calendar for Monday morning, March 8, 1965, and any of the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding
Vice-Chairman
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 685. By Mr. Balkcom of Quitman: A Bill to be entitled an Act to provide that the grand jury in selecting the members of the board of education of Quitman County may select two or more members from the same militia district within Quitman County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 686. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax year; and for other purposes.
Referred to the Committee on Local Affairs.
1754
JOURNAL OP THE HOUSE,
HB 687. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act establishing the City Court of Gwinnett County and defining its jurisdiction and powers, so as to change the name of said court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 688. By Messrs. Hall of Lee and Busbee of Dougherty: A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lee County in lieu of commissions allowed by law, so as to change the compensation of the Treasurer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 689. By Messrs. Hall of Lee and Busbee of Dougherty: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Lee County known as the fee system supplemented by a salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 690. By Mr. Jordan of Calhoun: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Calhoun County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 691. By Messrs. Richardson, Shea and Sewell of Chatham: A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to provide for an additional commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 692. By Messrs. Snow and Abney of Walker: A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to provide for a solicitor for said court; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, MARCH 8, 1965
1755
HB 693. By Mr. Perry of Marion:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Marion County, known as the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 694. By Messrs. Dollar and Conger of Decatur:
A Bill to be entitled an Act creating a Small Claims Court in Decatur County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 695. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Ringgold in the County of Catoosa, so as to authorize the City of Ringgold to extend the water works and sewerage systems without the limits of the said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 696. By Messrs. Simkins, Luke and Hull of Richmond:
A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain law libraries for the use of judges, solicitors and other officers of the courts of said counties, so as to change the population specifications of counties where it is applicable; and for other purposes.
Referred to the Committee on Local Affairs.
HR 257-696 By Mr. Lowrey of Floyd:
A Resolution creating a committee to study the taxation of rural lands; and for other purposes.
Referred to the Committee on Rules.
HB 697. By Messrs. Williams of Hall, Clarke of Monroe, Blalock of Coweta, Lovett of Laurens, Lowrey of Ployd, Smith of Whitfield, Pope of Cherokee and others:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to remove the provisions providing creditable service for certain members; and for other purposes.
Referred to the Committee on Judiciary.
1756
JOURNAL OF THE HOUSE,
HB 698. By Messrs. Wilson of Brantley, Houston of Pierce, Poss of Madison:
A Bill to be entitled an Act to establish a minimum wage for all em ployees of the State Highway Department; to provide for additional compensation for all hours worked in excess of forty hours per week; and for other purposes.
Referred to the Committee on Highways.
HB 699. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act limiting the assessment and and collection of taxes by municipal authorities, so as to provide that the City of Athens may levy and collect a tax not in excess of 9.8 mills without conducting a referendum election; and for other purposes.
Referred to the Committee on Local Affairs.
HB 700. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes.
Referred to the Committee on Game and Fish.
HB 701. By Mr. Spillers of Newton:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxation approved December 16, 1937-38 Ex. Sess., so as to redefine "homestead" to include a home owned and occupied by an applicant for homestead exemption but which is located on property not owned by the applicant; and for other purposes.
Referred to the Committee on Ways and Means.
HB 702. By Messrs. Snow and Abney of Walker.
A Bill to be entitled an Act to amend the Charter of the City of Rossville, so as to change and enlarge the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 703. By Messrs. Bynum of Rabun, Irwin of Habersham, Moore of Stephens, Acree of Towns and Colwell of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain
MONDAY, MARCH 8, 1965
1757
Judicial Circuit as applied to the office of official court reporter in felony cases, so as to increase the compensation of the court reporters; and for other purposes.
Referred to the Committee on Local Affairs.
HR 258-703 By Mr. Tidwell of Crawford:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Crawford County by the Crawford County board of education; 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 667. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council of said city to fix a reasonable entrance fee for all candidates for the office of mayor and council of said city; and for other purposes.
HB 668. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Ordinary of Gwinnett County; and for other purposes.
HB 669. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter and municipal government for the City of Buford, so as to change the compensation of the city manager; and for other purposes.
HB 670. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that the ordinaries in certain counties shall be custodians of the vital statistic records; and for other purposes.
HB 671. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to abolish the present method of compen sating the sheriff of Walker County, known as the fee system; and for other purposes.
1758
JOURNAL OF THE HOUSE,
HB 672. By Mr. Harris of DeKalb:
A Bill to be entitled an Act to amend Chapter 56-13 known as the Georgia Insurance Code of 1960, so as to provide that in counties having a certain population the restrictions and preemptions enacted by said amendment shall not apply and any such county may levy an annual license fee or tax upon life insurance companies, their agents and representatives; and for other purposes.
HB 673. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
HB 674. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
HB 675. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
HB 676. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City; and for other purposes.
HB 677. By Messrs. Newton of Colquitt, Milhollin of Coffee, Lowrey of Floyd:
A Bill to be entitled an Act to require that commercial weighers of corn or small grain shall be licensed by the Department of Agriculture prior to conducting said business; and for other purposes.
HR 241-677 By Mr. Walker of Lowndes:
A Resolution authorizing the conveyance of a certain tract or parcel of land located in Lowndes County, Georgia, to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin; and for other purposes.
MONDAY, MARCH 8, 1965
1759
HB 678. By Mr. Ballard of Newton:
A Bill to be entitled an Act to amend an Act approved March 9, 1943 providing a salary for the official court reporter for the Stone Mountain Judicial Circuit, by providing for an increase in the salary of such official court reporter; and for other purposes.
HB 679. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to change the terms of the superior court of Brantley County; and for other purposes.
HB 680. 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 East Point, so as to change the city limits of said City; and for other purposes.
HR 254-680. By Messrs. Chandler and Harrington of Baldwin: A Resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes.
HB 681. By Messrs. Busbee, Odom and Hutchinson of Dougherty:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change the corporate limits of said City; and for other purposes.
HB 682. By Mr. Bowen of DeKalb:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of DeKalb County to advertise legal notices in any or all newspapers in the county in addition to notices published in the county organ; and for other purposes.
HR 255-682. By Messrs. McDaniell, Jordan and Duncan of Cobb and Luke of Richmond:
A Resolution creating an interim committee to be known as the "In dustrial Safety Committee" for the purpose of studying industrial safety; and for other purposes.
HB 683. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change
1760
JOURNAL OF THE HOUSE,
those provisions relative to the election of the first members of the House of Representatives from Representative Districts; and for other purposes.
HB 684. By Messrs. Milhollin of Coffee, Dorminy of Ben Hill and Irwin of Habersham:
A Bill to be entitled an Act to amend an Act relating to the State Game & Fish Commission, so as to change the provisions relating to the compensation and expenses of the Director of the State Game and Fish Commission; and for other purposes.
SB 26. By Senator Webb of the llth:
A Bill to be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes.
SB 57. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to the requirements that certain insurance policies contain provisions protecting the insured from damages caused by uninsured motorists, so as to provide for the venue of actions brought against unknown uninsured motorists; and for other purposes.
SB 90. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to wrongfully take or use for any purpose, any scientific data, etc., which relates to trade secrets of any person, firm, partnership, association or corporation; and for other purposes.
SB 106. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalty therefor, so as to change the penalty provisions regarding abandonment; and for other purposes.
SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th:
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 provisions relating to credit for service in the armed forces of the United States; and for other purposes.
MONDAY, MARCH 8, 1965
1761
SB 125. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 56-1523, relating to the payment of dividends to stockholders, so as to provide for the manner in which dividends shall be paid to stockholders of domestic stock insurers; and for other purposes.
SB 156. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of non-residents; and for other purposes.
SB 157. By Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43:
A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes.
SB 171. By Senator Gordy of the 15th:
A Bill to be entitled an Act to amend Code Chapter 88-17, providing a complete and comprehensive vital records law for the State of Georgia, so as to change the provisions relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; and for other purposes.
SR 69. By Senator Dean of the 6th:
A Resolution to relieve I. E. Reddish as security on a bond; and for other purposes.
SR 71. By Senator Webb of the llth: A Resolution to amend a Resolution relative to the Resources Advisory Board, Southeast River Basins, so as to authorize the Board to enter into agreements relative to providing old age and survivors insurance coverage to the employees of said Board; and for other purposes.
Mr. Harris of DeKalb County Vice-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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
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SB 171. Do Pass. SB 93. Do Pass. SB 160. Do Pass. SB 106. Do Pass. SB 157. Do Pass.
Respectfully submitted, Harris of DeKalb Vice-Chairman
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 29. Do Pass. SB 31. Do Pass. SB 60. Do Pass. SB 120. Do Pass. SB 121. Do Pass. SB 103. Do Pass by Substitute.
Respectfully submitted, Tucker of Catoosa Chairman
Mr. Tucker of Catoosa 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 212. Do Pass. HB 661. Do Pass. HB 662. Do Pass.
MONDAY, MARCH 8, 1965
1763
HB 664. Do Pass. HB 679. Do Pass. HB 680. Do Pass. HB 658. Do Pass as Amended. HB 665. Do Pass by Substitute. SB 64. Do Pass. SB 111. Do Pass.
Respectfully submitted, Tucker of Catoosa Chairman
Mr. Tucker of Catoosa 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 667. Do Pass. HB 668. Do Pass. HB 669. Do Pass. HB 670. Do Pass. HB 671. Do Pass. SB 80. Do Pass by Substitute.
Respectfully submitted, Tucker of Catoosa 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 lutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
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HR 225-612. Do Pass.
Respectfully submitted, Bolton of Spalding Vice-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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 240-665. Do Pass.
Respectfully submitted, Bolton of Spalding Vice-Chairman
Mr. Chandler of Baldwin County Chairman of the Committee on State Institutions and Properties submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Properties 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 241-677. Do Pass.
Respectfully submitted, Chandler of Baldwin Chairman
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate agrees to House amendment to Senate Amendment to the follow ing Bill of the House:
MONDAY, MARCH 8, 1965
1765
HB 84. By Mr. Brooks of Fulton:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 274. By Mr. Steis of Harris:
A Bill to declare that the underground storage of natural or manu factured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suitable for the construction of underground reservoirs for the storage of such gas; and for other purposes.
HB 420. By Messrs. Herndon of Appling and Thomas of Wayne and others:
A Bill to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 108. By Mr. Brown of Bacon: A Bill to amend an Act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes.
HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 188. By Senator Hall of the 52nd: A Bill to amend an Act placing the clerk of the Superior Court, ordinary and sheriff of Ployd County, Georgia on an annual salary in lieu of the
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fee system of compensation, approved February 28, 1956 (Ga. Laws 1956, p. 2754), as amended, so as to change the compensation of the clerk of the superior court, ordinary, and sheriff of Floyd County; and for other purposes.
SB 189. By Senator Hall of the 52nd:
A Bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County, and creating in lieu thereof the office of tax commissioner of Floyd County, approved Feb. 17, 1950 (Ga. L. 1950, p. 2749), as amended, so as to change the compensation of the tax com missioner; and for other purposes.
SB 154. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, approved Dec. 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the provisions relative to registration and voting; and for other purposes.
SB 164. By Senators Wesberry of the 37th, Johnson of the 38th 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 165. By Senator Tribble of the 3rd:
A Bill to amend the charter of the Town of Pooler and other Acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of the said town; and for other purposes.
SB 168. By Senator Minish of the 48th:
A Bill to amend an Act incorporating the City of Commerce in the County of Jackson, approved Aug. 17, 1909 (Ga. L. 1909, p. 665), as amended, so as to provide that the marshal or police chief, night watch man, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes.
SB 169. By Senator Tribble of the 3rd:
A Bill to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes.
MONDAY, MARCH 8, 1965
1767
SB 173. By Senator Hal] of the 52nd:
A Bill to amend an Act creating a new charter and municipal govern ment for the City of Rome, approved Aug. 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to enlarge the present city boundaries and corporate limits by the annexation of certain described property ad jacent to the present city limits; and for other purposes.
SB 182. By Senators Johnson of the 38th, Coggin of the 35th and others:
A Bill to amend Code Section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, as amended; and for other purposes.
SB 136. By Senator Kidd of the 25th:
A Bill to amend Code Chapter 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of a psychiatric hospital as being restored to mental health; and for other purposes.
SB 150. By Senators Hall of the 52nd, and Smalley of the 28th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health, approved March 18, 1964 (Ga. L. 1964, p. 499), and for other purposes.
SR 40. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings and other personal equipment from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 347. By Mr. Wilson of Brantley:
A Bill to abolish the present mode of compensating the sheriff of Brantley County, Georgia, known as the fee system; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 506. By Mr. Jones of Liberty:
A Bill to create and incorporate the Town of Allenhurst and grant a Charter to that municipality under the name and style; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee:
A Bill to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property as pertains to certain counties; and for other purposes.
HB 146. By Mr. Simmons of Banks:
A Bill to amend an Act entitled "An Act to create a Board of Commis sioners of Roads and Revenues for Banks County;", so as to change the compensation of the two commissioners who are not serving as chair man; and for other purposes.
HB 243. By Mr. Mauney of White:
A Bill to place the Sheriff of White County upon an annual salary; and for other purposes.
HB 457. By Mr. Collins of Toombs:
A Bill to amend an Act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes.
HB 459. By Mr. Collins of Toombs:
A Bill to amend an Act creating the City Court of Lyons, so as to provide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes.
HB 484. By Mr. Moses of Montgomery:
A Bill to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes.
MONDAY, MARCH 8, 1965
1769
HB 504. By Mr. Lovett of Laurens:
A Bill to amend an Act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes.
HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty:
A Bill to amend an Act establishing the City Court of Albany in and for the County of Dougherty, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes.
HB 522. By Mr. DeVane of Schley:
A Bill to abolish the present method of compensating the sheriff of Schley County, known as the fee system; and for other purposes.
HB 528. By Mr. Carr of Washington:
A Bill to abolish the present method of compensating the sheriff of Washington County, known as the fee system; and for other purposes.
HB 529. By Mr. Carr of Washington: A Bill to amend an Act creating a board of commissioners of roads and revenues for the County of Washington, so as to provide for centralized purchasing; and for other purposes.
HB 530. By Mr. Carr of Washington: A Bill to abolish the present method of compensating the clerk of the Superior Court of Washington County, known as the fee system; and for other purposes.
HB 536. By Mr. Anderson of Pulaski: A Bill to amend an Act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of said city to sell and convey a certain tract of land; and for other purposes.
HB 540. By Mr. Jessup of Bleckley:
A Bill to abolish the present mode of compensating the sheriff of Bleckley County, known as the fee system; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 541. By Mr. Byrd of Walton:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Walton County, so as to change the compensation of the members of the board except the chairman; and for other purposes.
HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb:
A Bill to amend an Act amending Code Sec. 92-6201 providing for the time for making tax returns in certain counties, so as to provide that the Tax Commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes.
HB 553. By Mr. Knight of Laurens:
A Bill to amend an Act providing a new charter for the town of Dexter, so as to change the date for holding municipal elections: and for other purposes.
HB 557. By Messrs. Alien and Branch of Tift:
A Bill to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 23,000 nor more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes.
The Senate insists on its position on the following bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A Bill to provide home rule for municipalities; to provide for a short title; to provide method for the creation, dissolution, merger, and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Webb of the llth, Broun of the 46th and Coggin of the 35th.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
MONDAY, MARCH 8, 1965
1771
SB 67. By Senator Holley of the 22nd:
A Bill to amend an Act providing permanent alimony to be revised upon petition by wife or husband alleging change in husband's income approved Mar. 9, 1955 (Ga. L. 1955, p. 630), as amended, so as to provide judgment may also be revised upon change in wife's income; and for other purposes.
SB 23. By Senator Coggin of the 35th:
A Bill to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), so as to increase the number of members of the Board of Cosmetology; and for other purposes.
SB 109. By Senator Smalley of the 28th:
A Bill to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended so as to provide for membership for any person becoming a judge of the superior court or a solicitor general after April 1, 1965; and for other purposes.
SB 183. By Senator Yancey of the 33rd.
A Bill to amend an Act creating the Cobb Judicial Circuit, approved Feb. 19, 1951 (Ga. L. 1951, p. 184), as amended, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; and for other purposes.
SR 74. By Senator Gayner of the 5th:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Glynn County to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred (100) percent Federal funds; and for other purposes.
SR 75. By Senator Spinks of the 9th:
A Resolution proposing an amendment to the Constitution, so as to authorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 195. By Senators Gillis of the 20th, Webb of the llth and Coggin of the 35th:
A Bill to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624); 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 61. By Senator Johnson of the 38th: A Bill to be entitled an Act to amend Code Section 92-6307, requiring that names of colored and white taxpayers be made out separately on tax digest; and for other purposes.
Referred to the Committee on Judiciary.
SB 96. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 53-102, defining what persons shall be able to contract marriage, so as to remove the disability "impotency", that will render a person unable to contract marriage; and for other purposes.
Referred to the Committee on Judiciary.
SB 135. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital; and for other purposes.
Referred to the Committee on Judiciary.
SB 136. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of psychiatric hospital as being restored to mental health; and for other purposes.
Referred to the Committee on Judiciary.
SB 154. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the provisions relative to registration and voting; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, MARCH 8, 1965
1773
SB 150. By Senators Hall of the 52nd and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health; and for other purposes.
Referred to the Committee on Judiciary.
SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
Referred to the Committee on Local Affairs.
SB 165. By Senator Tribble of the 3rd:
A Bill to be entitled an Act to amend the charter of the Town of Pooler and other Acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of said Town; and for other purposes.
Referred to the Committee on Local Affairs.
SB 168. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce in the County of Jackson, so as to provide that the marshal or chief of police, night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes.
Referred to the Committee on Local Affairs.
SB 169. By Senator Tribble of the 3rd.
A Bill to be entitled an Act to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes.
Referred to the Committee on Local Affairs.
SB 173. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to enlarge the present city boundaries and corporate limits by the annexation of certain de scribed property adjacent to the present city limits; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend Code Section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, as amended; and for other purposes.
Referred to the Committee on Judiciary.
SB 184. By Senator Rowan of the 8th: A Bill to be entitled an Act to amend an Act creating the Teachers' Retirement System of Georgia, so as to further define earnable com pensation; and for other purposes.
Referred to the Committee on Appropriations.
SB 188. By Senator Hall of the 52nd: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, ordinary, and sheriff of Ployd County, on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
SB 189. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Ployd County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
SR 37. By Senators Broun of the 46th, Gayner of the 5th, Smith of the 18th and others:
A Resolution proposing an amendment to the Constitution so as to provide for four year terms for State Senators; and for other purposes.
Referred to the Committee on Judiciary.
SR 40. By Senator Smalley of the 28th:
A Resoultion proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings and other personal equipment from all ad valorem taxation for State, county, municipal and school purposes: and for other purposes.
Referred to the Committee on Ways and Means.
MONDAY, MARCH 8, 1965
1775
By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HB 654. By Messrs. Harris, Bowen and Farrar of DeKalb:
A Bill to be entitled an Act to amend the Act creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County, so as to provide pension benefits for certain professional 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 655. By Messrs. Brooks, Etheridge and McClelland of Pulton, Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to amend the Act to provide a system of pensions for officers and employees of cities of a certain population, so as to provide for the transfer of funds and matching funds credited to the account of any member who is transferred to the county in which such city is located in whole or in part, and for other purposes.
The report 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 656. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to place the coroner of Walker County upon a monthly salary, to provide for the disposition of fees and commissions formerly allowed the coroner, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1776
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 10-2. By Mr. Snow of Walker: A Resolution to compensate Steve Sweet, 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.
HR 13-21. By Messrs. Shea, Sewell and Richardson of Chatham: A Resolution compensating Mrs. Isabelle C. Oemler, and for other pur poses.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 17-25. By Mr. Knight of Laurens: A Resolution compensating L. H. Cook, 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.
MONDAY, MARCH 8, 1965
1777
The Resolution, having received the requisite constitutional majority, was adopted.
HR 31-56. By Mr. Lewis of Burke: A Resolution to compensate John B. Home, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 31-56 by removing the figures $60,359.99 and inserting in lieu thereof the figures $226.55.
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.
HR 51-99. By Messrs. Melton and Bolton of Spalding:
A Resolution to compensate William Marvin Tarleton, and for other purposes.
The following amendments were read and adopted:
The Committee on Appropriations moves to amend HR 51-99 by removing the figures $25,000.00 and inserting in lieu thereof the figures $10,000.00.
Mr. Bolton of Spalding moves to amend HR 51-99 as follows:
By adding at the end thereof the following paragraph:
"No member of the Claims Advisory Board, member of the General Assembly, or any employee or attache thereof shall re ceive any compensation, gift or remuneration of any kind whatso ever in connection with this Resolution. Any person violating the provisions of this Paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 54-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Henry W. Burden, and for other pur poses.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 54-101 by removing the figures $2000.00 and inserting in lieu thereof the figures $1544.35.
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.
HR 55-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Guyton E. Goode and Mrs. Guyton E. Goode, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 55-101 by removing the figures $90,000.00 and $11,916.40 and inserting in lieu thereof the figures $1,916.40.
The report of the Committee, which was favorable to adoption of the Resolu tion, as amended, was agreed to.
MONDAY, MARCH 8, 1965
1779
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.
HR 67-117. By Mr. Arnsdorff of Effingham: A Resolution compensating Mr. Odis E. Bevill, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 67-117 by remove the figures $67.78 and inserting in lieu thereof the figures $50.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Mr. Bolton of Spalding moved that House Resolutions Nos. 13-21, 10-2, 17-25, 51-99, 31-56, 54-101, 67-117 and 55-101 be immediately transmitted to the Senate and the motion prevailed.
House Resolutions Nos. 13-21, 10-2, 17-25, 51-99, 31-56, 54-101, 67-117 and 55-101 were ordered immediately transmitted to the Senate.
SB 51. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to prohibit certain activities by county, municipal or other political subdivision officials regarding conflicts of interest between their public duties and personal or professional interests in all counties of Georgia of a certain population, and for other purposes.
The following Committee amendment was read and adopted:
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JOURNAL OF THE HOUSE,
The Committee on Judiciary moves to amend SB 51 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for the resignation of elected officials when of fering as candidates for elective offices other than the ones they hold".
By striking Section 2 in its entirety and inserting in lieu thereof a neiww Section 2 to read as follows:
"Section 2. The provisions of this Act shall not be applicable to contracts for ambulance services or for any public service or public utilities furnished by any government."
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.
HR 237-656. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Resolution to establish a local Government Commission in Atlanta and Fulton County to study the governments of Fulton County and the municipalities located wholly or partly therein for the purpose of im proving local governments and providing greater efficiency and econo my; 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.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
MONDAY, MAKCH 8, 1965
1781
HB 347. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Brantley County, known as the fee system, and for other purposes.
The following Senate amendment was read:
Mr. Dean of the 6th moves to amend HB 347 as follows:
By striking from Section 2 the figure "$7,000.00" and inserting in lieu thereof the figure "$8,000.00", so that when so amended Section 2 shall read as follows:
"Section 2. The sheriff shall receive an annual salary in the amount of $8,000.00 payable in equal monthly installments from the funds of Brantley County."
Mr. Wilson of Brantley moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 347.
Mr. Snow of Walker asked unanimous consent that the House insists on its position on the following Bill of the Senate and requested that a Committee of Conference be appointed.
SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A Bill to be entitled an Act to provide home rule for municipalities, and for other purposes.
The consent was granted and the Speaker appointed as a Committee of Conference on the part of the House the following members:
Messrs. Snow of Walker, Shea of Chatham and Clarke of Monroe.
The following Resolution of the House was read and adopted:
HR 259. By Messrs. Rainey of Crisp, Shuman of Bryan and many others: A RESOLUTION
Congratulating Honorable Truitt Davis; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, Honorable Truitt Davis, the distinguished Representa tive from Heard County, celebrated his 58th birthday on March 7, 1964; and
WHEREAS, it is the desire of the members of this body to extend to Truitt Davis on the most important day in his life, best wishes and many happy returns of the day.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations and best wishes to Honorable Truitt Davis on his 58th birthday.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Resolution to Honorable Truitt Davis, Representative, Heard County.
Under the General Order of Business, established by the Committee on Rules, the following Bill of the Senate was again taken up:
SB 102. By Senators Loggin of the 53rd, Fincher of the 51st, Kendrick of the 32nd and others:
A Bill to be entitled an Act to create the Metropolitan Atlanta Rapid Transit Authority, and for other purposes.
The following Committee amendment was read and adopted: The Rules Committee moves to amend SB 102 as follows: By striking in its entirety the last sentence of Section 12.
Mr. Bagby of Paulding offered an amendment which was read and lost.
The following amendment was read:
Mr. Bagby of Paulding moves to amend SB 102 by striking from the first sentence of Section 22 the following language: "except that no execution shall issue against any property of the Au thority:".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 8, 1965
Those voting in the affirmative were Messrs.
Abney Alien Bagby Ballard Barber Black Bowen, J. O. Bynum Caldwell Coker, G., Dr. Collins, M. Colwell Conner DeLoach Dickinson Flynt Grahl
Jones, G. Paul Knight, W. D. Leonard Lovett Luke Matthews, D. R. Mauney McRae Milhollin Murphy NeSmith, J. D. Newton, D. L. Oglesby Paris Pickard Poss Rainey
1783
Reaves Reid Rhodes Richardson Rogers, Jimmie Simkins Smith, A. B. Smith, Chas. C. Snow Sweat Tidwell Tucker, Ray M. Walker Wigging Williams, G. J. Wilson Woodward
Those voting in the negative were Messrs.:
Anderson Arnsdorff Blair Blalock Bolton Bowen, R. L. Brooks, Wilson Busbee Byrd Carr Clarke, H. G. Collins, J. F. Conger Dailey Davis Dean Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Etheridge
Farrar
Fulford
Gary
Griffin
Griffis
Harrell
Harrington
Harris, J. R.
Harris, R. W. Henderson Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Marshall Matthews, C. McClelland McCracken McDaniell
McKemie
Melton
Merritt
Minge
Mixon
Moore, J. H.
Newton, A. S.
Odom
Overby Pafford Perry Peterson Phillips, G. S. Pope Potts Rodgers, H, B. Savage Shuman Simmons Smith, E. B., Jr. Smith, V. T. Spikes Spillers Stalnaker Steis Story Strickland Thomas Underwood Vaughn, C. R.
Ware
Watkins
Watson
Wells
Williams, W. M.
Wright
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JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Balkcom Beck Bedgood Brackin Branch Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Chandler Clarke, J. T. Coker, R. Crowe DeVane Dixon Dunwody Evans Floyd Hale
Hall
Harris, J. P. Herndon Holder Houston Hull Jessup Johnson, B. Jones, C. M. Kelly Knight, D. W. Laite Lane Lee, G. B. Looper Maddox Mauldin Mitchell Moate Moore, Don C. Moses Nessmith, P.
Otwell
Page Parker Phillips, L. L. Roberts Roper Ross Rowland Rush Russell Sewell Shea Simpson Singer Smith, G. L. II Smith, J. R. Tabb Thomason Tucker, J. B. Vaughan, D. N. White Mr. Speaker
On the adoption of the amendment, the ayes were 51, nays 88.
The amendment was lost.
The following amendment was read and adopted:
Mr. Hale of Bade moves to amend SB 102 as follows:
By striking from the first sentence of Section 22 the following words:
"except that no execution shall issue against any property of the Authority", and inserting in lieu thereof the following: "except that no execution shall be levied on any property of the Authority prior to ninety (90) days from the date of a final judgment against the Authority." and
By striking from the second sentence of sub-paragraph (a) of Sec tion 8, the following words:
"but execution shall not in any case issue against any property of the Authority", and substituting in lieu thereof the following: "but no execution shall be levied on any property of the Authority prior to ninety (90) days from the date of a final judgment against the Authority."
MONDAY, MARCH 8, 1965
1785
The following amendment was read:
Matthews of Colquitt moves to amend SB 102 as follows:
By adding to Subsection (a) of Section 6 after the words "Gwinnett County to be appointed by the local governing body thereof" and before the words "initially one member", the words:
"Provided, however, that any such member herein appointed as above must be eligible to vote in any referendum, provided by this Act, that may be called by the local governing body responsible for this appointment pursuant to any provision under this Act."
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 Alien Bowen, J. 0. Brackin Bynum Collins, M. Conner DeVane Dickinson Duncan, V. W. Flynt Grahl Jones, G. Paul Jordan, Ben C.
Knight, W. D. Leonard, G. H. Lovett Luke Matthews, D. R. McDaniell McRae Mixon Moses Murphy NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby
Pafford Rainey Rhodes Rogers, Jimmie
Ross Russell Simkins Smith, A. B. Smith, Chas. C. Sweat Walker Wilson Woodward Wright
Those voting in the negative were Messrs.
Anderson Arnsdorff Balkcom Ballard Barber Black Blair Blalock Bolton Brooks, Wilson Busbee Byrd Caldwell Carr
Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Colwell Conger Dailey Dollar Dorminy Doster Duncan, A. C. Dunwody Etheridge Farrar
Fulford Gary Griffin Hale Harrell Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hull Hutchinson Irvin
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JOURNAL OF THE HOUSE,
Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Marshall Matthews, C. McClelland McCracken Melton Merritt Minge
Moate Moore, Don C. Moore, J. H. Newton, A. S. Odom Overby Page Perry Peterson Phillips, G. S. Pickard Pope Potts Reid Richardson Rodgers, H. B. Shuman Simmons
Smith, E. B., Jr. Smith, V. T. Spikes Spillers Stalnaker
Steis Story Strickland Tucker, Ray M. Underwood Vaughn, C. R. Ware Watson Wells Wiggins Williams, W. M.
Those not voting were Messrs.:
Acree Bagby Beck Bedgood Bowen, R. L. Branch Brantley Brinkley Brooks, Geo. B, Brown, Gene Brown, M. P. Chandler Coker, R. Crowe Davis Dean DeLoach Dixon
Evans
Floyd
Griff is
Hall
Harrington
Harris, J. F. Herndon Holder Jessup Johnson, B. Kelly Knight, D. W. Laite Lane Lee, G. B. Looper Maddox Mauldin Mauney McKemie Milhollin Mitchell Otwell
Paris
Parker
Phillips, L. L.
Poss
Reaves
Roberts Roper Rowland Rush Savage Sewell Shea Simpson Singer Smith, G. L. II Smith, J. R. Snow Tabb Thomas Thomason Tidwell Tucker, J. B. Vaughan, D. N.
Watkins
White
Williams, G. J.
Mr. Speaker
On the adoption of the amendment, the ayes were 42, nays 94.
The amendment was lost.
MONDAY, MARCH 8, 1965
1787
The following amendment was read:
Mr. Matthews of Colquitt moves to amend SB 102 as follows:
By adding to Subsection (a) of Section 6 after the words "govern ing body thereof" the words "shall not be residents of the City of At lanta."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Black Bowen, J. 0. Collins, M. Conner Dickinson Duncan, V. W. Grahl Henderson Jessup Jones, G. Paul Jordan, Ben C.
Leonard Lovett Luke Matthews, D. R. Mauney McDaniell McRae Milhollin Murphy NeSmith, J. D. Newton, D. L. Oglesby
Pafford Rainey Rhodes Rogers, Jimmie Russell Simkins Smith, Chas. C. Walker Williams, G. J. Wilson Woodward
Those voting in the negative were Messrs.
Abney Anderson BalkcoHi Ballard Barber Blair Blalock Bolton Brinkley Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Colwell Conger
Dean DeLoach Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Etheridge Farrar Fulford Gary Griffin Hale Harrell Harris, J. R. Harris, R. W. Houston Howell Hudgins Hull
Hutchinson Irvin Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, W. H. Knight, W. D. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Marshall Matthews, C. McClelland McCracken McKemie Melton Merritt Minge
1788
Mixon Moore, J. H. Newton, A. S. Odom Overby Page Perry Peterson Phillips, G. S. Pickard Pope Potts
JOURNAL OF THE HOUSE,
Reid Richardson Roberts Ross Shuman Simmons Smith, A. B. Smith, E. B., Jr. Smith, V. T. Spikes Spillers Stalnaker
Steis Story Strickland Sweat Tucker, Ray M. Underwood Vaughn, C. R. Ware Watson Wells Wigging Williams, W. M.
Those not voting were Messrs.:
Acree Arnsdorff Bagby Beck Bedgood Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Chandler Coker, R. Crowe Dailey Davis DeVane Evans Floyd Flynt Griffis Hall Harrington
Harris, J. F. Herndon Holder Johnson, B. Jones, C. M. Kelly Knight, D. W. Laite Lane Lee, G. B. Looper Maddox Mauldin Mitchell Moate Moore, Don C. Moses Nessmith, P. Otwell Paris Parker Phillips, L. L. Poss Reaves
Rodgers, H. B. Roper Rowland Rush Savage Sewell Shea Simpson Singer Smith, G. L. II Smith, J. R. Snow Tabb Thomas Thomason Tidwell Tucker, J. B, Vaughan, D. N. Watkins White Wright Mr. Speaker
On the adoption of the amendment, the ayes were 35, nays 99.
The amendment was lost.
The following substitute by Mr. Bowen of DeKalb was read: A BILL
To be entitled an Act to create a non-profit public corporation to be known as "Metropolitan Atlanta Rapid Transit Corporation" for the
MONDAY, MARCH 8, 1965
1789
purpose of authorizing the counties of Clayton, Cobb, DeKalb, Fulton, and Gwinnett to build, establish, operate, and administer a system of rapid transit for the transportation of passengers for hire in said coun ties; to define the meaning of the terms used in said Act; to describe the type of rapid transit system to be operated; to provide for the method of investigating and determining the feasibility, probably pa tronage, location of routes, stations and terminals; fares to be charged and income to be received and types of cars to be used; and cost of construction, maintenance and operation, of said system; to make cer tain legislative findings of fact and declaration of policy; to provide for the creation of an Interim Study Commission to make a study and investigation of all such matters and of the means and methods of financing, constructing, and operating of said rapid transit system; to define and prescribe the powers and duties of said Interim Study Com mission; to provide that it shall make a report of its findings and recom mendations to the local governments involved in said system as mem bers, and to the Board of Directors of said Corporation, hereinafter referred to as the "Board"; to provide for the election of the members of said Interim Study Commission, their qualifications, to fix their com pensation, their terms of office, to authorize local governments to pay the salaries and expenses of said Interim Study Commission; to provide when said Interim Study Commission shall terminate; to provide for the election of the members of the Board of Directors of said Corpora tion, hereinafter called the "Board", and for removal of a member of said Board; to prescribe their qualifications, terms of office, duties and powers, to fix their compensation, to define the purpose of said Corpora tion and its powers; to authorize said Corporation to borrow money for the construction of said system at an interest rate of not more than 4%% per annum; to prescribe methods of issuing such bonds and to provide for their payment, and to provide that all property and assets of said transit system shall be pledged for the payment of principal and interest on said bonds; to provide the manner in which local govern ments may become members of such Corporation, and withdraw from membership; to provide for meetings of said Board and the election of officers and employment of employees thereof; to define the duties and powers of such officers; to authorize said Corporation to create and employ a security force, for the protection of its property and patrons, who shall have the authority of peace officers; to provide the method of fixing schedules, fares, rentals and routes of travel; to provide for hearings by said Board as to basic routes and fares; to provide for appeals therefrom; and to provide for regulation of said transit system by the Georgia Public Service Commission; to prescribe and limit the power of eminent domain of said Corporation and of counties and cities for the benefit of said Corporation; to authorize said Corporation to issue equipment trust certificates for equipment; to define and limit the power of said Corporation in the removal and relocation of utility structures; to provide for competitive bidding on sales or purchases above $1,000; to prohibit conflict of interests by officers or employees; to provide for financial audits and reports and public inspection thereof; to provide for a budgeting procedure; to provide for an employee's retirement fund; to authorize the Board to make an annual improve
ments budget and operating budget; to authorize an engineering survey every three years; to authorize the Board to insure the Corporation
against all types of liabilities; to authorize the Board to negotiate labor
contracts with authorized representatives of employees; to provide for
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JOURNAL OF THE HOUSE,
making all records of the Corporation subject to public inspection and provide for the publication thereof; to provide that the property of the Corporation, both real and personal, its acts, activities and income, its sales and purchases, its bonds and the interest payable thereon to the holders thereof shall be exempt from any and all taxes or tax obliga tions; to provide that the acts of said Corporation shall be subject to regulation by the State Public Service Commission; to make said Cor poration civilly liable for torts committed in its operation; to deny said Corporation any taxing power on any subject of taxation within the metropolitan area for any purpose; to provide that such rapid transit system within the metropolitan area is an essential governmental function and a public purpose of the counties named; to provide for the determination of the financial participation by each local government by elections held by the local governments after authorization of a con tract between said local government and said Corporation by an elec tion of the voters thereof; to provide and limit the methods of holding elections for financing the cost of construction of said transit system; to provide for the method of holding referendum elections by said local governing bodies; to provide for a prohibition of an election in a govern ing body more often than once in five years; to provide that if any paragraph, section, or subsection of this Act be held unconstitutional, the remaining provisions of this Act shall remain in full force and ef fect; to provide that this Act shall become effective upon approval by the Governor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Short Title. This Act shall be known, and may be cited, as the "Metropolitan Atlanta Rapid Transit Corporation Act of 1965."
Section 2. Definitions. The following words and terms shall have the meaning indicated unless the context shall clearly indicate a dif ferent meaning:
(a) Corporation. The Metropolitan Atlanta Rapid Transit Corpora tion created by Section 4.
(b) Interim Study Commission. The temporary governing body of the Corporation as provided in Section 5.
(c) Board. The Board of Directors and governing body of the Cor poration as provided in Section 6.
(d) Metropolitan Area. The territory comprising the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett.
(e) Local Government. Any one of the counties of Fulton, DeKalb, Cobb, Clayton or Gwinnett, which are a part of the metropolitan area, as a political subdivision of this State.
(f) Local Governing Body. The boards of county commissioners of the counties of Clayton, Cobb, DeKalb, Fulton and Gwinnett.
MONDAY, MARCH 8, 1965
1791
(g) Transportation System. All property, real or personal, useful for the public transportation of passengers for hire, including but not limited to powerplants, substations, terminals, garages, bridges, tun nels, subways, elevated rails, aerial structures, monorails, rail motive power, trains, railroad passenger cars and equipment, belt conveyors, inclines, carbarns, streetcars, buses, rails, lines, poles, wires, stations, concessions, off-street parking and other facilities for the comfort, safety and convenience of transit passengers, rights and licenses there for, and rights to provide group and party services.
(h) Transportation Project. Any unit, structure, facility or under taking in any combination which may be a component part of a transporation system in said metropolitan area.
(i) Rapid Transit System and Project. A transportation system the primary function of which is to provide a mass transportation service principally by the use of high speed vehicles traveling on rights-of-way fully protected from other vehicular and pedestrian traffic, a secondary function of which is to provide a feeder-type mass transportation service therefor, and an incidental function of which is to provide facilities necessary thereto and other facilities for the comfort, safety and con venience of its passengers. A rapid transit project is any transportation project which may be necessary to the development or operation of a rapid transit system.
(j) Cost of a Rapid Transit System or Project. According to ac cepted principles of accounting, the total cost, paid or incurred, to study, plan, design, finance, acquire, construct or otherwise develop the com ponent parts of a rapid transit system or project to a normal operating or revenue producing condition, including the capitalization of expenses, direct and indirect, paid or incurred, in connection therewith.
(k) Federal Government. The United States of America, or any department, agency or instrumentality thereof.
Section 3. Legislative Findings and Declaration of Policy. The territory comprising the counties of Fulton, DeKalb, Cobb, Clayton, and Gwinnett has developed, and continues to develop, into a metropolitan area with a common interest in the economic well-being of the people therein and the development of the educational, commercial and indus trial resources thereof. There exists in this metropolitan area usual traffic conditions and congestions and mass transportation problems which should be economically solved to permit the development of these common interests toward their fullest potential. Concerted governmental action is needed to alleviate such traffic conditions and congestion, supply deficiencies in mass transportation, coordinate and balance the transportation facilities operating therein, and otherwise provide a sounder basis for the development of traffic patterns and control. The development of a rapid transit system through a coordinated instru mentality of the county governments within the metropolitan area is a reasonable approach to the aforementioned needs and problems. The social and economic well-being of the people in the metropolitan area and the development of the educational, commercial, and industrial
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resources thereof are matters of public interest and concern throughout the state. Accordingly, it is the public policy of this State, as a matter of public safety, convenience and welfare, to promote the establishment of such a joint instrumentality, encourage participation therein by the local county governments involved, facilitate the accomplishment of its purposes and bring about solutions for the aforesaid needs and problems, to the extent of the financial ability of the local county governments involved.
Section 4. Creation and Organization. There is hereby created a public body corporate to be known as the Metropolitan Atlanta Rapid Transit Corporation as a joint public instrumentality of the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett for the purposes herein after provided.
Section 5. Interim Study Commission.
(a) There is hereby created the "Interim Study Commission" of the Metropolitan Atlanta Rapid Transit Corporation, which shall be the governing body of the Corporation until the activation of the Board of Directors of the Corporation as hereinafter provided. The "Interim Study Commission" shall be composed of fourteen members, and shall be appointed by the local governing bodies 90 days after approval of this Act by the Governor. Seven members who are residents respectively of each of the seven senatorial districts of Fulton County shall be appointed by the Commissioners of Roads & Revenues of Fulton County; three members who are residents respectively of each of the three senatorial districts of DeKalb County shall be appointed by the Commis sioners of Roads & Revenues of said county; two members who are residents of each of the two senatorial districts of Cobb County shall be appointed by the Board of Commissioners of Cobb County; one member who shall be a resident of Clayton County shall be appointed by the Board of Commissioners of Clayton County; and one member who shall be a resident of Gwinnett County shall be appointed by the Board of Commissioners of Gwinnett County. Each member shall serve from the time of his appointment until the expiration of the "Interim Study Commission" as hereinafter provided.
(b) For the purposes set forth in Section 7, the "Interim Study Commission" may exercise the powers prescribed in Section 8 (e), 8 (f), and 8 (k), the power to perform any duty imposed on the Board, the power to appoint, select and employ officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, which may be necessary for the exercise of the aforesaid powers, and allow them suitable compensation, and the power to contract for, purchase or otherwise acquire the services, supplies and equipment which may be necessary for the exercise of the aforesaid powers. The intent is that for the purposes of the Corporation, the "Interim Study Commission" shall function as its governing body in the same way that the Board might function under this Act were it duly activated except that the "Interim Study Commission" shall be limited in the exercise of the powers of the Corporation to those set forth herein. As to the exercise of such powers, and as to the organization of the "Interim Study Commission", the qualification of its members
MONDAY, MARCH 8, 1965
1793
and their duties, as a body and as individual members, all the provisions of this Act relating to the Board and its members shall apply thereto to the extent necessary to place the "Interim Study Commission" in the same position as the Board except that the "Interim Study Commis sion" shall be limited in the exercise of the powers of the Corporation to those set forth above.
(c) The local governing body of each local government in the metropolitan area which is a member of the Corporation is authorized to make such appropriation of public funds to the Corporation to defray the expenses incurred by the "Interim Study Commission" as it may deem appropriate. The authority herein granted shall be subject to and limited by any local act heretofore or hereafter enacted more particularly applicable to any county which becomes a member of said Corporation.
(d) The "Interim Study Commission" shall by operation of law cease to exist at the end of 1966 and shall be succeeded by a Board of 14 Directors who shall be elected in the general election in each county in 1966, in the manner hereinafter provided. The "Interim Study Commission" shall file with each of the local governments, and with the Board, a report of the result of its activities as hereinabove provided, including a recommendation as to fares to be charged in its different zones of operation.
Section 6. Board of Directors.
(a) Upon the termination of the duties of the "Interim Study Commission", on December 31, 1966, the elected Board of Directors of the Corporation, which Board shall be composed of fourteen members, shall begin operation of the Corporation. Said Board shall be elected in the general election of 1966 and by and from the Senatorial Districts of each county of which they shall be residents and in the following manner: Three members shall be elected from DeKalb County, one by the voters of each Senatorial District of said county in which District the member shall reside; seven members shall be elected from Fulton County, one by the voters of each Senatorial District of said county in which District said member shall reside; two members shall be elected from Cobb County, one by the voters of each Senatorial District in which District said member shall reside; two members shall be elected from Cobb County, one by the voters of each Senatorial District in which District said member shall reside; one member shall be elected by the voters of Clayton County in which county he shall reside; one member shall be elected by the voters of Gwinnett County in which county he shall reside. Initially, one member elected by the voters of the 34th District of Fulton County shall be elected for a term of one year; two members elected from the 35th and 36th Districts shall be elected for terms of two years; two members elected from the 37th and 38th Districts shall be elected for terms of three years, and two members from the 39th and 40th Districts shall be elected for terms of four years; one member elected by the voters of the 41st District of DeKalb County shall be elected for one year, one member shall be elected from the 42nd District for two years, and one member shall be elected from the 43rd District for a term of three years; one member shall be elected by the voters of the 32nd District of Cobb County for
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a term of one year, and one member shall be elected from the 33rd District of said county for a term of two years; one member shall be elected by the voters of Clayton County for a term of three years; and one member shall be elected by the voters of Gwinnett County for a term of three years; all initial terms shall be deemed to have com menced when the persons elected shall take the oath of office. At least sixty days before the initial terms have expired, general or special elections shall be held in each Senatorial District of such county for election of Board members from the Senatorial District of the member whose term is expiring for future terms of four years, except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by a special election called by the County Ordinary within sixty days after said portion becomes vacant. A member of the Board may be elected to succeed himself.
(b) Prior to electing any person to the membership of the Board, each local governing body shall submit to the qualified voters thereof in a referendum the question as to whether it should participate in the Corporation or not. Such referendum shall be held during the year 1965, in accordance with the procedures prescribed by Georgia law for elec tions. If a majority of those voting in any county in such referendum vote in favor of participation in the Corporation, then at the general election to be held in 1966 there shall be elected from each Senatorial District or of such county such member or members to the Board of the Corporation. If a majority in any county of those voting in such referendum vote against participation in the Corporation, the local governing body shall not participate in the Corporation and will be deem ed to have declined membership on the Board. In this event the definition of the metropolitan area in Section 2 (d) shall be adjusted, the total membership of the Board as prescribed in Section 6 (a) shall be reduced accordingly, no provision of this Act shall thereafter be applicable to such local governing body, its local government or the territory thereof, and this Act shall thereafter be read as if every reference to the name of such local government had been deleted.
(c) Elections to the Board shall be made by the voters of the Senatorial Districts of the local governments in the metropolitan area prior to January 1st of the year 1966 when the "Interim Study Commis sion" expires and prior to January 1st of each year a vacancy occurs. On January 3, 1966 persons duly elected as members of the "Interim Study Commission" shall meet at the State Capitol. The "Interim Study Commission" shall first meet and verify the elective credentials of each person who presents himself as a member of the Board. The Chairman of the "Interim Study Commission" shall then act as temporary Chair man of the Board, call to order the first meeting of the Board, declare the Board as duly constituted and activated and preside over the election by the Board of its first Chairman. Thereupon the "Interim Study Commission" shall stand dissolved and the transfer of the government of the Corporation shall simultaneously pass to the Board as contemplat ed in Section 5 (d).
(d) No person shall be appointed or elected as a member of the Board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or
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the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member.
(e) A local governing body may remove any member of the Board to represent it for cause. No member shall be thus removed unless he has been given a copy of the charges against him and an opportunity to be publicly heard in his own defense in person or by counsel with at least ten days' written notice. A member removed from office shall have the right to a judicial review of his removal by an appeal to the superior court of the county of the local governing body which elected him, but only on the ground of error of law, abuse of discretion, or that such order is not supported by the evidence. In case of abandon ment of his office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, removal from office, of disqualification under subsection (d) hereof, the office of a member shall be vacant upon the declaration of the Board. A member shall be deemed to have abandoned his office upon failure to attend any regular or special meet ing of the Board for a period of four months without excuse approved by a resolution of the Board, or upon removal of his residence from the territory of the local governing body or senatorial district from which
he was elected.
(f) Each member of the Board shall be paid by the Corporation the sum of one hundred dollars for each official meeting of the Board he attends, but he shall not be paid more than one thousand dollars for meetings attended in any one calendar month. A member of the Board shall also be reimbursed for actual expenses incurred by him in the performance of his duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized under Section 8 (b).
(g) The Board shall elect one of its members as chairman and another as vice-chairman for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the Board may prescribe. The presiding officer of the Board may continue to vote as any other member, notwithstanding his duties as presiding officer, if he so desires.
(h) The Board shall hold at least two meetings each month. One more than a majority of the total membership of the Board, as it may exist at the time, shall constitute a quorum. A majority of the quorum present at a meeting may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its by-laws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act. All meetings of the Board, its Executive Committee, or any committee appointed by the Board, at which any official business is transacted, shall be open to the public, and the minutes thereof, and the documents and reports given shall be made a part of such minutes, and such minutes and all contracts shall be public records and open to public inspection during business hours in accordance with reasonable rules and regulations prescribed by the Board. The Board shall furnish certified copies of all such public records upon written request and upon payment of a reasonable charge therefor.
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(i) Notwithstanding any other provisions of this Act, the following actions by the Board shall require the affirmative vote of one more than a majority of the total membership of the Board as it may exist at the time:
(1) The issuance and sale of revenue bonds as contemplated in Section 10 or equipment trust certificates as contemplated in Section 11.
(2) The award of any contract for construction, alterations, sup plies, equipment, repairs, maintenance or services, or for the purchase, sale or lease of any property involving $5,000 or more.
(3) The grant of any concession as contemplated in Section 14 (f).
(j) The Board shall appoint and employ, as needed, a general manager, a secretary, a treasurer, and a general counsel, none of whom may be members of the Board, their salaries to be fixed by the Board, and shall delegate to them such authority as it may deem appropriate. It may make such by-laws or rules and regulations as it may deem appropriate for its own government, not inconsistent with this Act, including the establishment of an Executive Committee to exercise such authority as its by-laws may prescribe.
(k) The Treasurer of the Corporation and such other officers and employees of the Corporation and such members of the Board as the Board may determine shall execute corporate surety bonds in an amount not less than $100,000.00, conditioned upon the faithful performance of their respective duties. The form of surety bond required of public officers shall be used for this purpose. Neither the obligation of the principal or the surety shall extend to any loss sustained by the insol vency, failure or closing of any depository which has been approved as a depository for public funds.
Section 7. Purposes. The Corporation shall exist for purposes of planning, designing, purchasing, acquiring, holding, owning, construct ing, improving, equipping, financing, maintaining and administering a rapid transit system within the metropolitan area, and operating same, but no right to buy, lease or operate any transit system other than a rapid transit system in the five counties named.
Section 8. General Powers. The Corporation shall have all powers necessary or convenient to accomplish the aforesaid purposes, including, by way of illustration and not specification, the following:
(a) The powers, privileges and immunities authorized by law for private corporations. The Corporation may sue or be sued in its corporate name. The Board may adopt and use a common seal for the Corporation and change it at its pleasure.
(b) The power to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts,
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fiscal agents and attorneys, allow them suitable compensation and make provisions for group insurance, retirement or other employee benefit arrangements.
(c) The power to acquire, lease property other than a local transit system, purchase, hold, own and use any franchise, property, real or personal, or tangible which is necessary to the operation of a rapid transit system, and dispose of property whenever same is no longer required for purposes of the Corporation, or exchange same for other property or rights which are useful for its purposes.
(d) The power to acquire by gift, purchase, or to construct, improve, maintain, repair, operate or administer a rapid transit system, together as a system.
(e) The power to develop data, plans and information and study mass transportation projects in other cities, including the taking of a census to ascertain what patronage such system would have by residents of the area involved, the planning of routes, costs of right-of-way, and employ engineers to do such underground coring in that part of the system where it appears necessary to operate said system underground and construction costs of elevated transportation. Also, in other respects, the power to conduct engineering, financial and economic studies, to make plans, designs and tests related to rapid transit projects. In connection therewith the Study Commission may enter in a reasonable manner upon any lands, waters or premises for the purpose of making reasonable surveys, soundings, drillings, corings and examinations and such entries shall not be deemed a trespass except that the Corporation shall be liable for any actual and consequential damages resulting from such entries. In the event the public Corporation refuses to pay any final judgment for damages within sixty days after written demand has been made by the person entitled to such damages and a finding has been made by the jury that such refusal was in bad faith, the public Corporation shall be liable to pay, in addition to the actual and con sequential damages, all reasonable attorneys fees for the prosecution of the case against the said Corporation. The amount of such reasonable attorneys fees shall be determined by the trial judge and shall be added to any verdict which has been rendered in such action and included in the judgment. The limitations contained in this section in reference to the amount of attorneys fees are not controlling as to fees which may be agreed upon by the plaintiff and his attorney for the services for such attorney in an action against the Corporation.
(f) The power to cooperate, participate and coordinate with the Federal Government, or the State of Georgia, or any agency or instru mentality thereof, in the execution of any studies, plans or projects designed for the coordination of its rapid transit system with other transportation in the metropolitan area and with any comprehensive planning and development of the metropolitan area relating to trans portation in such metropolitan area.
(g) The power to acquire property, both real and personal, or rights of easement therein, or franchises necessary or convenient for the
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purposes of the Corporation, by gift, purchase, lease (as lessee) or contract.
(h) The power to make and execute all contracts and other instru ments necessary or convenient to the exercise of the powers of the Corporation.
(i) The power to enter into contracts with the State of Georgia, its agencies and instrumentalities, and, particularly with the local governments within the metropolitan area, for public transportation services to be rendered by the Corporation or its rapid transit system, and for any other purposes necessary to the establishment and maintenance of its rapid transit system.
(j) The power to contract with any public utility, railroad or
i
transportation company for the joint use of property or rights, or for
the establishment of throughroutes, joint fares or transfer or pas
sengers, subject to the approval of the Georgia Public Service Commis-
(k) The power to apply for and accept grants or other assistance from the Federal Government or from any source whatever, to act as agent for the Federal Government and enter into contracts, loans, leases or other transactions with the Federal Government which do not sur render the power of the Corporation to operate said rapid transit system.
(1) The power to borrow money from private lenders, or from the Federal Government, or to the extent otherwise authorized by law, from the State of Georgia, when legally authorized by the Legislature, and in connection therewith to issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the Corpora tion, and to secure the payment thereof, or any part thereof, by pledge of its revenues, rentals, and receipts, and to make such agreements with the purchasers or holders thereof, or with others in connection therewith, whether issued or to be issued, as the Board may deem advisable. But the Corporation shall have no power in any manner to pledge the property, credit or taxing power of any local government as defined herein, nor shall any of its obligations be deemed to be obligations of any local government, nor shall any local government be liable for the payment of principal or interest on such obligations.
(m) The power to fix, alter, charge and collect fares, rates, rentals and other charges for its facilities by zones or otherwise at reasonable rates to be determined by the Board, subject to approval of the Georgia Public Service Commission.
(n) The power to make agreements with the Federal Government, the State of Georgia, any agency, instrumentality or political sub division thereof, for payments to the Corporation in lieu of fares for the transportation of personnel of such governmental authority, for whom such department, agency, instrumentality or political subdivision desires such transportation.
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(o) The power to contract for, or to provide and maintain, with respect to the facilities and property owned, leased, operated or under the control of the Corporation, and within the territory thereof, a security force to protect persons and property, dispense unlawful or dangerous assemblages and assemblages which obstruct full and free passage, control pedestrian and vehicular traffic, upon its property under laws of Georgia or ordinances of municipalities, and otherwise preserve and protect the public peace, health and safety. For these purposes a member of such force shall be a peace officer and, as such, he shall have authority equivalent to the authority of a policeman of the city or county in which he is discharging his duties.
(p) The Corporation shall have no power to operate taxicabs, or facilities designed exclusively for the transportation of property for hire, nor shall it engage in other activities commonly regarded as private enterprise, except to develop and operate a rapid transit system, provide concessions, off-street parking and other facilities for the comfort, safety and convenience of transit passengers.
Section 9. Pares, Rates, Rentals and Charges.
(a) The Board shall fix such fares, rates, rentals and charges in such amounts as shall be sufficient in the aggregate (when added to any other grants or funds available to the Corporation) to provide funds for the payment of the interest on and principal of all bonds, certificates and other obligations payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the Corporation in connection with the issuance of bonds or certificates under this Act, and for the payment of all operating costs and expenses which shall be incurred by the Corporation, including provision for appropriate reserves, for bonds or debentures.
(b) The term "charges" shall include revenues from contracts with the local governments within the metropolitan area under which the Corporation has agreed to render for them the rapid public transporta tion service as contemplated in Section 24 hereof.
(c) The Board shall determine by itself exclusively after public hearings as hereinafter provided, the routes, types of construction, equipment, facilities, and the scope and standards of service to be operated by the Corporation, the scheduled services to be made available to the public and the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged therefor, the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in each county in the metropolitan area not more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold sufficient public hearings to allow all persons to be heard as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act. Any person aggrieved by any determination of the Board as to any charge or scheduled service, or any change in any charge or scheduled service, except charges payable under contracts between local govern-
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ments and the Corporation as contemplated in Section 24, may challenge same by a petition in equity filed within 30 days of the determination complained of in any superior court of any county of the metropolitan area in which the charge or scheduled service may be applicable; provided, however, that the grounds of such challenge shall be restricted to abuse of discretion on the part of the Board, unreasonableness of charges or service rendered, or lack of authority under the law; or such charges or schedules may be reviewed on complaint of a patron by the Georgia Public Service Commission, which shall have its usual powers with reference to rates. Whenever two or more legal actions are brought against the same determination of the Board in different superior courts, exclusive jurisdiction thereof shall be vested in the first such court to docket such a petition and all other petitions complaining of the same determination shall intervene therein.
(d) In determining the basic routes over which the Corporation shall operate its system and stations connected therewith, the Board shall consult with the local governing body of the territory involved, and, additionally, shall hold at least such public hearings within the territory of each local government within the metropolitan area at which the local governing body, or its representative, and the public may be heard.
(e) The function of the Board under Subsection (e) and (d) shall not be delegated or exercised by any other person or body under any circumstances.
Section 10. Revenue Bonds.
(a) In borrowing money, as authorized in Section 8 (1), the Board may, in various issues from time to time, issue negotiable revenue bonds of the Corporation for the purpose of paying all or a part of the cost of a rapid transit project or projects, but such issues shall not be in excess of Ten Million Dollars ($10,000,000) at one time.
(b) Such bonds may be issued without any other proceeding, or the happening of any other conditions or events, than those proceedings, conditions, or events which are required by this Act. In the discretion of the Board, bonds of a single issue may be issued for the purpose of a particular rapid transit project. Any resolution authorizing the issuance of bonds under the provisions of this Act may be made effective immediately upon its passage by a majority of the Board and shall be published twice in two separate weeks in two newspapers having the largest circulation in the area where said project is to be constructed. However, the by-laws of the Board shall provide for ten days advance written notice to members of the Board of any proposed resolution for the issuance of any bonds hereunder, and such notice shall not be waived by any member.
(c) The principal of and interest on such bonds shall be payable solely from the special debt retirement fund hereinafter established for this purpose in subsection (m) hereof.
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(d) The bonds of each issue shall be dated, shall bear interest payable semi-annually at a rate not exceeding four and one-half percent (4%%) per annum, and shall mature in such amounts and at such times as the Board may deem appropriate but not exceeding thirty years from the date thereof. The bonds may be in coupon or registered form, or both, as the Board may determine, and the Board may make provision for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(e) The Board may prescribe the form of the bonds and any coupons which may be used in conjunction therewith; it may determine the denominations of the bonds, the terms and conditions of their redemption before maturity, but not in excess of five percent (5%) above par value, the medium of payment both as to principal and interest and the place of payment of principal and interest, which may be at any bank or trust company within or without the State.
(f) All such bonds shall bear the manual or facsimile signature of the chairman or vice-chairman of the Board, attested by the secretary or treasurer thereof, and bear the official seal of the Corporation. Any coupons attached thereto shall bear the facsimile signature of the secretary or treasurer of the Board. When bonds or coupons bear the manual or facsimile signature of an officer of the Corporation, such signature shall remain valid and effective for its original intent and purpose notwithstanding that prior to delivery the signer thereof may have ceased to hold the office indicated.
(g) All bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are hereby declared to be issued for an essential public and governmental purpose, and said bonds and the interest thereon shall be exempt from all taxation within the State, when issued by and payable only and directly by the Corporation, and not by a lessee of the property of the Corporation.
(h) All bonds of the Corporation shall be sold by public competitive bidding at par plus accrued interest to the date of delivery; provided, however, the Corporation may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time not exceeding ninety days after the date of sale, and may pay as a penalty for delay in such delivery such reasonable sums not exceeding interest at four and one-half percent (4%%) as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the Corporation shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder; provided, on any issue the Corporation may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply such divisions of the bond and provided further, the Corporation may require reasonable security for the per formance of the contract of purchase of any successful bidder at any public competitive bidding held. The advertising of bond issues of the
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Corporation and invitations to bid shall be as customarily done in the handling of governmental bond issues and Section 14 (b) as to these matters shall not necessarily apply. The Corporation may negotiate the sale of its bonds to the Federal Government.
(i) The proceeds of such bonds shall be used solely for the payment of the cost of establishment of construction of a rapid transit project or rapid transit projects. If the proceeds of a bond issue are not suffi cient to cover the cost thereof, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in any trust in denture pertaining thereto, additional bonds may in like manner, and after the same procedure and authority, be issued to provide the amount of the deficiency, Unless otherwise provided in the resolution authorizing the issuance of the bonds, or in any trust indenture pertaining thereto, such additional bonds shall be deemed to be of the same issue and to be paid from the same fund, without preference or priority, as the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were originally issued, the surplus shall be paid into such reserve fund as may be provided in the resolution authorizing the issuance of the bonds or in any trust indenture pertaining thereto or at the specific direction of the Board may be used for any other similar rapid transit project or projects.
(j) Prior to the preparation of definitive bonds the Board may issue interim receipts, interim certificates, or temporary bonds exchange able for definitive bonds upon the issuance of the latter.
(k) In the discretion of the Board any issue of such revenue bonds may be secured by a trust indenture by and between the Corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fares, fees, rentals, charges, revenues and earnings of the Corporation, including the proceeds derived from the sale of any surplus property of the Corporation. Either the resolution authorizing the issuance of the bonds or any trust indenture pertaining thereto may contain reasonable provisions for protecting and enforcing the rights and remedies of the bond holders, including covenants concerning the duties of the Corporation in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safe guarding and application of all monies, including the proceeds derived from the sale of property of the Corporation, both real and personal, and may also provide that any project shall be contracted and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Board and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the con ditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any national bank with trust powers to furnish such indemnifying bonds or pledge such securities as may be required by the Board. Such indenture may set forth the rights and remedies of the
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bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Board may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of acquisition, maintenance, operation and repair of the project affected by such indenture.
(1) The Board shall, in the resolution authorizing the issuance of bonds or in any trust indenture pertaining thereto, provide for the payment of the proceeds of the sale of the bonds to any national bank with trust powers, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regu lations as this Act and such resolution or trust indenture may provide.
(m) The fares, fees, rentals, charges, revenues and earnings of the Corporation, monies derived from the sale of any surplus property of the Corporation, and gifts, grants, and contributions from any source whatever, unless otherwise pledged and allocated, may be pledged and allocated by the Board to the payment of the principal of and interest on bonds of the Corporation as the resolution authorizing the issuance of bonds, or any trust instrument pertaining thereto, may provide, and such funds so pledged, from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a special debt retirement fund which shall be pledged to and charged with the payments of (1) the interest on such bonds as such interest shall fall due, (2) the principal of the bonds as same shall fall due, (3) the customary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinafter provided. The use and disposition of such special debt retirement fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the bonds or in any trust indenture, pertaining thereto, but, except as may otherwise be provided in such resolution or trust indenture, such fund shall be for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the special debt retirement fund may be applied to the purchase or redemp tion of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
(n) Any holder of 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 any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such Resolution or trust indenture, and may enforce and compel performance, of all duties required by this Act or by such Resolution or trust indenture, to be performed by the Corporation, or any officer thereof, including the fixing, charging and collecting of fares, fees,
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rentals, revenues, and other charges for the use of the facilities and services furnished and, in the event of a default of the Corporation upon the principal and interest obligations of any bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting fares, fees, rentals, revenues and such other charges aganist the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett as may have been authorized by elections authorizing assumption of such bonds or a part thereof.
(o) The Board is hereby authorized to provide by Resolution for the issue of refunding bonds of the Corporation for the purpose of re funding any bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Corporation in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. But no county shall be liable therefor unless expressly approved at a bond election of such county held for such purposes.
(p) Bonds of the Corporation shall be confirmed and validated, insofar as applicable, in accordance with the procedure of the Revenue Bond Law (Ga. Laws 1937, p. 761, et. seq. as amended). The petition for validation shall also make party defendant to such action any munici pality, county, authority, subdivision or instrumentality of the State of Georgia, if subject to be sued, which has contracted with the Corporation for the services and facilities of the project for which bonds are to be issued and sought to be validated after approval by the electors thereof at an election called for such purpose, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and condi tions thereof should not be inquired into by the court and the validity of the terms thereof to be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Cor poration. The judgment of validation shall be final and conclusive with respect to such bonds, and the security therefor, against the Corpora tion, and against any municipality, county, authority, subdivision or instrumentality of the State of Georgia, if a party to the validation proceedings, contracting with the Corporation, provided said county or municipality has authorized issuance of such bonds by a general election held for such purpose.
(q) While any of the bonds issued by the Corporation remain out standing, the powers, duties or existence of said Corporation, or of its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interest and the rights of the holders of such bonds, and no other entity, department, agency or authority will be created in the metropolitan area as defined herein which will compete with the Corporation to such an extent as to affect ad versely the interest and rights of the holders of such bonds. The pro visions of this Act shall be for the benefit of the Corporation and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds by the Corporation.
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(r) All monies received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, as grants or other contri butions, revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
(s) Bonds issued hereunder shall not be deemed to constitute a debt of any local government or county in the metropolitan area. Such bonds shall be payable solely from the special debt retirement fund hereinbefore established therefor and the issuance of such bonds shall not directly or indirectly or contingently obligate any local government or county in the metropolitan area to levy or to pledge any form of taxa tion whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering sub stantially the import of this subsection.
(t) Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Corporation, except as provided in Section 9 (c), shall be brought in the Superior Court of Pulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions.
(u) The Corporation may invest and reinvest any idle monies, in cluding funds held in reserve or debt retirement funds not required for immediate disbursement, in bonds or notes of the United States or un conditionally guaranteed by the United States or in bonds or notes of the State of Georgia or unconditionally guaranteed by the State of Georgia, and reconvert same when their proceeds are necessary for disbursement.
(v) The Board may by appropriate action prescribe the circum stances, not inconsistent with law, under which a bond or certificate will be considered as mutilated, destroyed or lost and may make reason able provision for its replacement.
Section 11. Equipment Trust Certificate. The Board shall have continuing power to purchase equipment, and in connection therewith execute agreements, leases or equipment trust certificates in the form customarily used and appropriate to effect such purchases. The Board may issue equipment trust certificates in a manner similar to that provided for bonds under Section 10. All money required to be paid by the Corporation under the provisions of such agreements, leases and equipment trust certificates shall be payable solely from the fares, fees, rentals, charges, revenues and earnings of the Corporation, monies de rived from the sale of any surplus property of the Corporation and gifts, grants and contributions from any source whatever. Payment for such equipment or rentals therefor, may be made in installments; the deferred installments may be evidenced by equipment trust certificates payable solely from the aforesaid revenues or receipts, and title to such equipment may or may not vest in the Corporation until the equipment
trust certificates are paid.
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Section 12. Power of Eminent Domain. The Corporation shall have no power of eminent domain, but the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett may, for purposes of the Corporation, exercise the broadest power of eminent domain available to them or any agency or joint agency thereof, under any statute, and convey to the Corporation any property so acquired, at total cost of acquisition. However, no local governing body shall exercise any power of eminent domain hereunder with respect to property located beyond its territorial limits. The power of eminent domain exercisable by the aforesaid local governments may not extend to any property, of any public utility, railroad or other transportation company which may be necessary for the purposes of operation of any public utility, railroad, or other transportation authority, including gas companies, electric power companies, telephone companies, water works systems serving the public, sewerage systems operated by any municipality. It is hereby declared that the above named utilities are as vital and necessary to health, comfort, safety and convenience of the public in said metropolitan area defined herein as is the transpor tation of the citizens of said metropolitan area.
Section 13. Removal and Relocation of Utility Structures, Etc.
(a) The Corporation shall not have the power to require any public utility, railroad or other public service corporation owning or operating any installations, structures, equipment, apparatus, appliances or facili ties in, upon, under, over, across or along any ways on which the Cor poration desires or seeks to obtain the right to own, construct, operate or maintain its rapid transit system, to remove or relocate such installa tion, structures, equipment, apparatus, appliances or facilities from their locations.
(b) The Corporation shall have no power to prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, non-profit organizations and others) displaced by operations of the Corporation in carrying out a rapid transit project, and to make relocation payments to or with respect to such persons including the making of such payments financed by the Federal Govern ment.
Section 14. Competitive Bidding on Contracts, Etc.
(a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any ac quisition or disposition of properties by contract or otherwise is made by the Corporation, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Corporation; acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. Requests for bids shall be made by advertising once a week for two weeks in not less than two column ads in at least two newspapers of general circulation in Atlanta or in the county in which property to be disposed of is located. No acquisition of any unique property unobtainable in the open market shall be made without the express approval of the Board where
MONDAY, MARCH 8, 1965
1807
the amount involved is $5,000 or more. Nothing in this section shall apply to contracts for professional services or the personal services of employees.
(b) All such acquisitions, dispositions and contracts involving $5,000 or more shall be awarded only after advertising in the local newspaper of the largest circulation in the metropolitan area at least once a week in the two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.
(c) Except as otherwise provided in this Section, written price quotations from at least three qualified and responsible vendors, or vendees as the case may be, shall be obtained for all acquisitions, dis positions and contracts involving less than $5,000 and over $1,000, or, in lieu thereof, a memorandum approved by the Board shall be kept on file showing that less than three vendors, or vendees, as the case may be, so qualified exist in the market area within which it is practicable to obtain quotations. Acquisitions shall be made from, and contracts awarded to, the lowest responsible quotation, and dispositions of property shall be made to the highest responsible quotation.
(d) Acquisitions, dispositions and contracts involving $1,000 or less may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Board.
(e) Competitive bidding requirements may be waived if it is deter mined by the general manager, or in such other manner as the Board may by regulation provide, that an unforeseen emergency directly and immediately affecting customer service or public health, safety or welfare requires immediate delivery of supplies, materials, equipment or services; provided, however, that a record explaining the emergency shall be submitted to the Board at its next regular meeting and there after kept on file.
(f) All concessions granted by the Corporation for the sale of products or the rendition of services for a consideration on Corporation property shall be awarded only pursuant to written specifications after competitive bidding and to the highest responsible bidder in a manner similar to that required in subsection (b).
(g) Contracts for the sale, lease or other disposition of real prop erty owned by the Corporation shall be awarded only after competitive bidding and to the highest responsible bidder in a manner similar to that required in subsection (b).
(h) Contracts for the management of Corporation-owned property or facilities may be negotiated, but no part of the rapid transit system or any transit project shall be leased or placed under management con tract.
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(i) Requirements of the Corporation shall not be split into parts for the purpose of avoiding the provisions of this section.
(j) The Corporation shall have the right to reject any or all bids or quotations, or parts of any or all bids or quotations, whenever in the opinion of the Board such rejection is necessary for the protection of the interests of the Corporation. In every such case a record shall be made setting forth the reason for such rejection which record shall thereafter be kept on file.
Section 15. Conflict of Interests.
(a) Every member of the Board and every employee of the Corpora tion who knowingly has any interest direct or indirect in any contract to which the Corporation is or is about to become a party, or in any other business of the Corporation, or in any firm or corporation doing business with the Corporation, shall make full disclosure of such inter est to the Board and, if a Board member, to his appointing authority. Failure to disclose such an interest shall constitute cause for which a Board member may be removed by the Board, or an employee dis charged.
(b) Provisions of the Act of the General Assembly approved March 10, 1964 (Ga. Laws 1964, p. 261), as amended, regulating the conduct of officers, employees and agents of political subdivisions, municipal and other public corporations and other public organizations, shall be ap plicable to the conduct of its Board members, officers, employees and agents of the Corporation.
(c) Any contract or transaction of the Corporation involving a conflict of interest not disclosed under subsection (a) hereof, or a viola tion of the Act of the General Assembly approved March 10, 1964 (Ga. Laws 1964, p. 261), as amended, or a violation of any other provision of law applicable to the Corporation, its Board members, officers, or employees regulating conflicts of interest, shall be void.
Section 16. Financial Accounts, Audits, Reports.
(a) The Board shall make provision for a system of financial ac counting and controls, audits and annual reports. All accounting sys tems and records, auditing procedures and standards, and financial re porting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this section shall be furnished to each participating county and local governing body of each local government in the metropolitan area annually. All financial records, reports and documents of the Corporation shall be public records and open to public inspection during business hours.
(b) The Board shall adopt a fiscal year, establish a system of ac counting and financial control, designate the necessary funds for com plete accountability and specify the basis of accounting for each such fund. The Board shall cause to be prepared a financial report on all
MONDAY, MARCH 8, 1965
1809
funds at least quarterly and a comprehensive report on the fiscal opera tions and conditions of the Corporation annually.
(c) On or before the last day of the first month of its fiscal year the Board shall annually employ a firm of independent certified public accountants licensed to practice in this State as auditors to make a continuous audit of the financial books, records, and accounts of the Corporation. Such auditors shall have no personal interest directly or indirectly in the fiscal affairs of the Corporation and shall be ex perienced and qualified in the accounting and auditing of public bodies. A contract of employment shall be executed with such auditors pre scribing their duties, the period to be covered, the professional fees to be paid, the responsibilities of the Corporation and other appropriate matters. The contract shall be awarded upon the basis of professional competence in the field of accounting and auditing for public bodies and subject to the rules of ethics of the American Institute of Certified Public Accountants. Such auditors shall be paid out of the general operating funds of the Corporation.
(d) Upon employment such auditors shall perform a complete independent audit for the fiscal year. In such audit they shall point out any irregularities found to exist and report the results of their ex amination, including their unqualified opinion on the presentation of the financial positiion of the various funds and the results of the Cor poration's financial operations. If such auditors are unable to express an unqualified opinion they shall so state and shall further detail reasons for their qualifications or disclaimer of opinion including recommenda tions necessary to make possible future unqualified opinions. Such auditors shall review and make recommendations in separate opinions in such matters as they may deem appropriate for improvements in records, system procedures, internal control methods, equipment use, organization, administration, insurance coverage and other matters of financial control and relevancy. They shall also be available for con tinuous financial consultation and shall perform special examinations, studies, management reviews, system design and installation as the Board may direct.
Section 17. Budgets and Budgeting Procedures.
(a) The Board shall make provisions for an annual operating bud get and an annual capital improvements budget. Every budget, pro posed or as finally adopted, shall conform to generally accepted bud getary standards of public bodies. Copies of each budget, proposed or as finally adopted, shall be furnished to each local governing body of each local government in the metropolitan area. In addition to the procedures herein prescribed the Board may adopt such budgetary pro cedures as it may deem appropriate.
(b) On or before the last day of the tenth month of the fiscal year the Board shall propose an annual operating budget for the ensuing fiscal year and hold an advertised public hearing thereon. After such public hearing the Board shall review its proposed budget, and, on or before the last day of the fiscal year, it shall adopt an annual operating
1810
JOURNAL OP THE HOUSE,
budget for the ensuing fiscal year. In the annual operating budget each operating fuijd shall be set forth separately and show an estimate of the fund balance to be available at the beginning of the year, an estimate of anticipated credits during the year according to source, an estimate of anticipated charges, including capital outlay or debt service properly to be financed from anticipated revenues, and comparative data on the last two completed fiscal years and similar data, actual or estimated, for the current year. In no event shall a budget be approved which provides for deficit financing with respect to any operating fund.
(c) At the time and in the manner prescribed in subsection (b), insofar as applicable, the Board shall propose and adopt an annual capital improvements budget. The proposed capital improvements budget shall show all capital improvement projects in process of completion, those to be undertaken during the ensuing fiscal year and those antici pated to be undertaken during the ensuing ten years. The proposed budget shall also show the proposed method of financing each proposed project and the effect thereof on the debt structure of the Corporation. After a public hearing the Board shall review its proposed budget and on or before the last day of the fiscal year it shall adopt an annual capital improvements budget for the ensuing fiscal year. No contract for the purchase or construction of any capital improvement project shall be authorized, unless it is included in the annual capital improvements budget; however, the Board may propose and adopt an amendment to the annual capital improvements budget by following the procedure herein prescribed for adopting the original budget.
Section 18. Engineering Survey. At least every three years, the Board shall employ a firm of qualified independent engineers to survey the condition of the Corporations' facilities and operations from an engineering standpoint and make a report thereof and any recommenda tions for improvement in its physical facilities and operating procedures. Copies of such report shall be furnished to each local governing body of each local government in the metropolitan area.
Section 19. Insurance on Leased Property. The Board of Directors shall have no authority to lease any part of the transit system nor to rent or sell the same. All contracts for the lease of other Corporation property shall require the lessee to procure, maintain and pay for in surance to reasonably protect the Corporation's liability related thereto, and further to insure the leased property in the Corporation's name for its full value against all reasonable and insurable risks. Such contracts shall contain a clause whereby the lessee agrees to indemnify and hold the Corporation harmless for the negligence of lessee, his employees
and agents.
Section 20. Rules and Regulations: Miscellaneous.
(a) The Board may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its opera tions, properties, employees and patrons.
(b) The Board may provide for the recognition of authorized repre sentatives of the employees of the Corporation and for bargaining with
MONDAY, MARCH 8, 1965
1811
its employees through such agents in the same manner and to the same extent as if they were the employees of any privately owned transporta tion system.
(c) All provisions of general law applicable to the records and docu ments of counties and municipalities and public access thereto shall be fully applicable to the records and documents of the Corporation. The Board shall make reasonable rules and regulations concerning access to its records and documents and may charge reasonable fees for copies on certifications thereof.
(d) As to copies of financial reports and documents under Section 16, budget reports and documents under Section 17, engineering reports and documents under Section 18, and proposed rapid transit contracts under Section 24, the Board may provide for the printing and distribu tion of a reasonable supply thereof to the public and may, in its discre tion, require payment of a reasonable charge therefor.
Section 21. Tax and Regulatory Exemptions.
(a) The property of the Corporation, both real and personal, its acts, activities and income derived from the actual operation of the transit system shall be exempt from any tax or tax obligation.
(b) The Corporation shall also be subject to regulation by the public service commission of this State.
Section 22. Tort Liability; Insurance. The Corporation shall not enjoy governmental immunity from tort liability, but shall be liable therefor as any private corporation. The Corporation shall contract for adequate insurance, indemnification or similar protection against any loss, liability or other risk, hazard or responsibility to which it may be exposed or which it may accept on account of its property, personnel, or operations.
Section 23. Taxing Power Denied. The Corporation shall have no power to impose any tax directly or through any government instrument ality on any subject of taxation within the metropolitan area for any purpose whatsoever.
Section 24. Local Government Participation.
(a) Provision for a rapid transit system within the metropolitan area is declared for the purposes of this Act to be an essential govern mental function and a public purpose of the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, within the limits of the Constitution of Georgia, as amended.
(b) The Board and each local governing body of the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, by legally held elections, shall determine the extent of financial participation and the time or times such financial participation may be made by each of the local govern-
1812
JOURNAL OF THE HOUSE,
ments in order to finance provision for a rapid transit system through the joint instrumentality of the Corporation. If such determination con templates a contractual obligation on the part of a local government to make payments to the Corporation over any period of time exceeding one year or a contractual obligation on the part of a local government to pay or obligate itself to pay for any part of said rapid transit system, the qualified voters shall first authorize such contract by an election before the governing authorities of any county in said metropolitan area shall be authorized to execute such contract.
(c) As a method of financing the participation required of it, in its entirety or any part thereof, under such a proposed rapid transit contract, a local government may not in any manner issue general obligation bonds and then pay over the proceeds thereof to the Corpora tion.
(d) A local government may not contract with the Corporation so that the Corporation may perform for such local government the afore said governmental function and obligate itself to pay on a periodic basis for the public transportation services and facilities contracted for, in cluding the payment of the principal of, and interest on, any obligations issued by the Corporation for the purpose of financing the cost of any rapid transit project except after a legally held election by the qualified voters of such local government approving the execution of such con tract.
(e) Whenever there is a proposed rapid transit contract to be ex ecuted between the Corporation and a local government under subsection (d), the local governing body shall call an election and shall submit to the qualified voters thereof, in a referendum as hereinafter provided, the question whether or not the local government should so obligate itself to the extent of the amounts involved therein, and for the term of years provided in said proposed contract.
(f) The procedure for holding the referendum called for in sub section (e) shall be as follows: The local governing body shall cause to be published in the newspaper having the largest circulation through out the territory of the local government involved, once each week for three weeks immediately preceding the week during which the referen dum is to be held, a notice in bold type to the electors thereof that on the day named therein an election will be held to determine the question whether or not the local government shall obligate itself to the Corpora tion to the extent of the dollar amount or amounts involved in the pro posed rapid transit contract. Such notice shall specify the extent of the total dollar amount or amounts involved under the proposed rapid transit contract, the rate of interest if any, and the term of years of said pro posed contract. Such special election shall be held at all the election districts or precincts within the territorial limits of the local government involved. The ballot submitting the question shall be in a form deter mined by the local governing body, and the form of the ballot shall be published as a part of the aforesaid notice. Each election held under the provisions of this subsection is hereby declared to be a county election and shall be governed by and conducted in accordance with the provisions of the Georgia Election Code. The board of registrars of each
MONDAY, MARCH 8, 1965
1813
county shall provide the necessary lists for conducting any such election held within its county. After consolidation, the ordinary shall transmit the returns of such an election to the local governing authority calling the election, or its delegate, who shall officially declare the result. The expense of such an election held within the territorial limits of any county shall be paid by the county.
(g) If a majority of those voting in said election vote in favor of the proposition submitted then the local governing body shall thereby be authorized to complete the execution of a rapid transit contract, or contracts, wherein the total dollar amounts thereof do not exceed the total dollar amounts involved in the proposition submitted, for the term voted. If a majority of those voting vote against said proposition sub mitted, then the local governing body shall not execute any contract with the Corporation.
Section 25. Severability. In the event any section, subsection, phrase, clause or sentence of this Act shall be declared 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 such part or parts of the Act had not been declared unconstitutional. The General Assembly hereby declares it would have enacted the remaining portions of the Act if it had known such part or parts hereof would be declared unconstitutional.
Section 26. This Act shall become effective when approved by the Governor.
Section 27. All laws or parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bowen, J. 0. Brackin Brantley Brown, Gene Collins, M. Colwell Conner Dickinson Grahl Henderson Hudgins Johnson, Dr. A. S.
Jones, G. Paul Knight, W. D. Leonard Lovett Mauney Milhollin Murphy NeSmith, J. D. Nessmith, P. Otwell Pafford Paris
Poss Rogers, Jimmie Savage Simkins Smith, Chas. C. Sweat Tabb Thomason Tidwell Williams, G. J. Wilson
Those voting in the negative were Messrs.:
Abney Alien Anderson
Balkcom Ballard Barber
Black Blair Blalock
1814
Bolton Brinkley Brooks, Wilson Busbee Bynum Byrd Clark, J. T. Clarke, H. G. Conger Dailey Dean DeLoach Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Fulford Gary Griffin Griffis Hale Harrell Harris, J. R. Harris, R. W. Howell Hull
JOURNAL OF THE HOUSE,
Hutchinson Irvin Jones, C. M. Jones, M. Jordan, W. H. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. McClelland McCracken McDaniell McKemie Melton Minge Mitchell Mixon Moate Moore, J. H. Newton, A. S. Odom Oglesby Overby Parker
Peterson Phillips, G. S. Pickard Potts Reid Rhodes Richardson Roberts Rodgers, H. B. Ross Shuman Simmons Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes Spillers Steis Story Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Ware Watkins Watson Wells Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Bagby Beck Bedgood Bowen, R. L. Branch Brooks, Geo. B. Brown, M. P. Caldwell Carr Chandler Coker, G., Dr. Coker, R. Collins, J. F. Crowe Davis DeVane Evans Floyd
Flynt Hall Harrington Harris, J. F. Herndon Holder Houston Jessup Johnson, B. Jones, F. C. Jordan, Ben C. Kelly Knight, D. W. Laite Lane Lee, G. B. Looper Mauldin McRae Merritt
Moore, Don C. Moses Newton, D. L. Page Perry Phillips, L. L. Pope Rainey Reaves Roper Rowland Rush Russell Sewell Shea Simp son Singer Smith, J. R. Snow Stalnaker
Strickland Thomas Underwood
MONDAY, MARCH 8, 1965
1815
Vaughan, D. N. Walker White
Mr. Speaker
On the adoption of the substitute, the ayes were 35, nays 102.
The substitute 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 Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brinkley Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Conger
Dailey Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Plynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hull Hutchinson Irvin
Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge
1816
Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard
JOURNAL OF THE HOUSE,
Pope Poss Potts Reid Richardson Roberts Rodgers, H. B. Roper Ross Russell Sewell Shea Shuman Simkins Simmons Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes
Spillers Stalnaker Steis Story Strickland Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.:
Davis DeLoach Jones, C. M. Jones, G. Paul
Matthews, D. R. Rhodes Rogers, Jimmie Savage
Smith, Chas. C. Wilson Woodward
Those not voting were Messrs.:
Acree Bowen, J. 0. Branch Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Collins, J. P. Conner Crowe DeVane Evans
Ployd Hall Herndon Holder Johnson, B. Kelly Knight, D. W. Knight, W. D. Looper Lovett Murphy Newton, D. L.
Rainey Reaves Rowland Rush Simpson Smith, J. R. Sweat Thomas Thomason White Williams, G. J. Mr. Speaker
On the passage of the Bill, as amended, the ayes were 157, nays 11.
The Bill, having received the requisite constitutional majority, was passed, as amended.
MONDAY, MARCH 8, 1965
1817
Messrs. Rhodes of Baker, Woodward of Butts, Jones of Liberty and Davis of Heard stated that they inadvertently voted "Nay" and would like to be re corded as voting "Aye".
Under the General Order of Business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 474. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full time official court reporters and fix their compensation within certain limi tations, and for other purposes.
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 Barber Bedgood Black
Blair Blalock Bowen, J. O. Bowen, R. L. Brinkley Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Carr Chandler
Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F.
Collins, M.
Colwell Crowe Dailey DeLoach DeVane Dickinson Dixon
Dorminy Doster Duncan, V. W. Dunwody Etheridge Evans Flynt Fulford Gary Grahl Griffis Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Holder
Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S.
Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lambert Lane Lewis, E. B. Lovett
Lowrey Luke Matthews, C. Matthews, D. R.
Mauney
1818
McClelland McCracken McDaniell McRae Merritt Milhollin Minge Mixon Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Paris Perry
JOURNAL OF THE HOUSE,
Peterson Phillips, G. S. Pickard Pope Potts Rainey Reid Richardson Roberts Ross Russell Savage Shea Shuman Simkins Simmons Singer Smith, A. B. Smith, E. B., Jr. Spikes
Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Williams, G. J. Wright
Those voting in the negative were Messrs.: Ballard and Duncan, A. C.
Those not voting were Messrs.:
Acree Arnsdorff Balkcom Beck Bolton Brackin Branch Brantley Brooks, Geo. B. Brown, Gene Caldwell Coker, R. Conger Conner Davis Dean Dollar Farrar Floyd Griffin Hale Hall Harrell Herndon
Hull Johnson, B. Kelly Knight, D. W. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Maddox Marshall Mauldin McKemie Melton Mitchell Moate Moore, J. H. Moses Overby Page Parker Phillips, L. L. Poss
Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Rush Sewell Simpson Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Thomas Ware White Wiggins Williams, W. M. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 2.
MONDAY, MARCH 8, 1965
1819
The Bill, having received the requisite constitutional majority, was passed.
Mr. Dean of Polk stated that he would like to be recorded as voting "Aye".
Mr. Ballard of Newton stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
HB 534. By Messrs. Steis of Harris and Barber of Jackson:
A Bill to be entitled an Act to amend an Act relating to any fraudulent scheme, device, means or method to avoid payment of the lawful price, charge or toll for telephone or telegraph communications, so as to make it unlawful for any person to avoid or attempt to avoid telephone or telegraph charges by the use of any fraudulent device, and for other purposes.
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 Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Brackin Brinkley Busbee Bynum Byrd Carr
Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, J. F.
Collins, M. Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar Floyd Flynt Fulford
Gary Grahl Griffis Harrell
Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D.
Laite
1820
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Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lowrey Luke Maddox Matthews, C. Matthews, D. R. McClelland McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom
Oglesby Otwell Pafford Paris Parker Perry Phillips, G. S. Pickard Pope Poss Rainey Reaves Reid Richardson Roberts Rogers, Jimmie Roper Ross Rush Russell Savage Shea Shuman Simmons Singer Smith, A. B. Smith, Chas. C.
Smith, E. B., Jr. Smith, V. T. Spikes Spillers Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Voting in the negative was Mr. Dixon.
Those not voting were Messrs.:
Acree Arnsdorff Bagby Blalock Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Chandler Colwell Conger Conner Dollar Doster
Etheridge Griffin Hale Hall Hudgins Kelly Knight, D. W. Lane Leonard Lewis, P. B. Looper Lovett Marshall Mauldin Mauney McCracken Mitchell Moate Moses
Overby Page Peterson Phillips, L. L. Potts Rhodes Rodgers, H. B. Rowland Sewell Simkins Simpson Smith, G. L. II Smith, J. R. Snow Stalnaker Thomas White Woodward Mr. Speaker
On the passage of the Bill, the ayes were 146, nays 1.
MONDAY, MARCH 8, 1965
1821
The Bill, having received the requisite constitutional majority, was passed.
Mr. Steis of Harris moved that HB 534 be immediately transmitted to the Senate.
The motion prevailed and HB 534 was ordered immediately transmitted to the Senate.
HB 589. By Messrs. Steis of Harris and Barber of Jackson:
A Bill to be entitled an Act to amend Code Chapter 26-27 relating to tools used in committing crimes, so as to prohibit any device or plans designed to conceal the existence of place of origin or destination of any telephone call or telegraph message, to provide for criminal penalties, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Ballard Barber Beck Bedgood Black Blair Blalock Bolton Brackin Brinkley Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F.
Collins, M. Conger Davis Dean DeLoach DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Evans Flynt Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon
Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lovett Lowrey Luke Matthews, C.
1822
Matthews, D. R. McClelland McDaniell McKemie McRae Melton Merritt Minge Mixon Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Paris
JOURNAL OF THE HOUSE,
Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reaves Reid Richardson Roberts Roper Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons
Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Steis Strickland Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Wilson
Those voting in the negative were Messrs.
Bagby Balkcom Brown, M. P.
Dailey Dixon
Murphy Smith, A. B.
Those not voting were Messrs.:
Abney Acree Arnsdorff Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Colwell Conner Crowe Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Griffin Hale Hall
Harris, J. R. Hull Johnson, B. Jones, C. M. Kelly Knight, D. W. Knight, W. D. Laite Lane Leonard Lewis, P. B. Looper Maddox Marshall Mauldin Mauney McCracken Milhollin Mitchell Moate Moore, J. H. Pafford Pickard
Potts Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Ross Singer Smith, Chas. C. Smith, G. L. II Snow Stalnaker Story Sweat Thomas Thomason Watkins White Williams, G. J. Williams, W. M. Woodward Wright Mr. Speaker
MONDAY, MARCH 8, 1965
1823
On the passage of the Bill, the ayes were 129, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Steis of Harris moved that HB 589 be immediately transmitted to the Senate.
The motion prevailed and HB 589 was ordered immediately transmitted to the Senate.
HB 472. By Mr. Sewell of Chatham:
A Bill to be entitled an Act to amend Code Chapter 23-11, relating to the post of County Surveyor, so as to provide certain qualifications for the position of County Surveyor, and for other purposes.
Mr. Alien of Tift moved that HB 472 be laid on the Table.
The motion prevailed and HB 472 was laid on the Table.
HB 433. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act known as the Building and Loans Act, by providing that a State chartered Association shall be local if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100 miles from such Association's Home Office, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Balkcom Barber
Beck Bedgood Black
Bowen, J. O. Brinkley Brown, M. P.
1824
Bynum Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conner Crowe Dailey Davis DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Pulford Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Hull Irvin Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, M.
JOURNAL OF THE HOUSE,
Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, D. L. Oglesby Otwell Overby Pafford Page Peterson Phillips, L. L. Pope Potts Reaves
Reid Rhodes Richardson Rowland Russell Sewell Shea Shuman Simkins Simmons Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Steis Story Strickland Sweat Tabb Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.:
Anderson Blair Grahl
Johnson, Dr. A. S. Merritt Rogers, Jimmie
Savage Tidwell
Those not voting were Messrs.:
Abney Acree Alien Arnsdorff Ballard Blalock Bolton Bowen, R. L. Brackin
Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Byrd Clark, J. T. Conger
Dean DeLoach Dollar Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd
Flynt Gary Griffis Hale Hall Harrington Herndon Houston Howell Hudgins Hutchinson Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Laite Lambert Lane Leonard
MONDAY, MARCH 8, 1965
Lewis, E. B. Looper Lovett McCklland McKemie Melton Moate Moses Murphy Nessmith, P. Newton, A. S. Odom Paris Parker Perry Phillips, G. S. Pickard Poss Rainey
1825
Roberts Rodgers, H. B. Roper Ross Rush Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Stalnaker Thomas Ware Watkins White Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 112, nays 8.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Hull of Richmond moved that HB 433 be immediately transmitted to the Senate.
The motion prevailed and HB 433 was ordered immediately transmitted to the Senate.
HB 666. By Mr. Vaughn of Rockdale: A Bill to be entitled an Act to amend an Act providing appropriations for the State Government for the fiscal year 1963-64 and the fiscal year 1964-65, so as to clarify provisions relating to the purposes of appropriations for the Legislative 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 roll call was ordered and the vote was as follows:
1826
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.
Alien Anderson
Bagby Balkcom Barber Beck
Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, M. P.
Busbee Bynum Carr Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey Davis DeVane Dixon Dollar Doster Duncan, A. C.
Farrar Flynt Fulford Grahl Griffin Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
Howell Hutchinson Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McKemie McRae Merritt Mitchell Mixon Moate Moore, Don C.
Moses NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Page Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reaves Richardson Roberts Roper Ross Rush Russell Savage Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Steis Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson White Wright
Those not voting were Messrs.:
Abney Acree Arnsdorff Ballard Bolton Bowen, R. L.
Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Byrd
Caldwell Chandler Clark, J. T. Clarke, H. G. Conner Dean
DeLoach Dickinson Dorniiny Duncan, V. W. Dunwody Etheridge Evans Floyd Gary Griffis Hale Hall Harrell Houston Hudgins Johnson, B. Jones, G. Paul Jordan, Ben C. Kelly Laite
MONDAY, MARCH 8, 1965
Lee, G. B. Lee, W. J. (Bill) Leonard Looper McDaniell Melton Milhollin Minge Moore, J. H. Murphy Nessmith, P. Newton, A. S. Paris Parker Perry Poss Reid Rhodes Rodgers, H. B. Rogers, Jimmie
1827
Rowland Sewell Simmons Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Stalnaker Story Thomas Underwood Watkins Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Vaughn of Rockdale moved that HB 666 be immediately transmitted to the Senate.
The motion prevailed and HB 666 was ordered immediately transmitted to the Senate.
HB 550. By Mr. Harris of Glynn:
A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, acceptance by sheriffs and con stables, so as to provide that sheriffs and constables may accept cogniz ance bonds in certain misdemeanor cases involving military personnel, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 550 by striking in Section 1, Code Section 27-902, on line 7 the word "whenever" and capitalizing the word "Any"; and by striking in line 8 the words "is authorized by the committing court, he"; and by striking in its entirety sub-section (a) of Section 1, and renumbering each sub-section there-
1828
JOURNAL OF THE HOUSE,
after;, and, by adding in sub-section (d) which will be sub-section (c) when amended as hereinbefore provided by adding after the word "without" and before the word "notice", the words "36 hours",
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 Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brinkley Brown, M. P. Busbee Bynum
Byrd Carr Coker, G., Dr. Collins, J. F. Collins, M. Crowe Davis Dean DeVane Dixon Dorminy Duncan, A. C. Dunwody Farrar Flynt Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder
Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S.
Jones, M. Knight, D. W. Knight, W. D. Laite Lambert Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McRae Merritt Minge Mixon Moate Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Page
Parker Peterson Phillips, L. L. Pickard Pope Potts Rainey Reaves Richardson Roberts Ross Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II
Smith, J. R. Spikes Spillers Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, Ray M. Vaughan, D. N. Watkins Wells Williams, W. M. Wright
MONDAY, MARCH 8, 1965
Those not voting were Messrs.:
Acree Arnsdorff Bagby Balkcom Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, R. Colwell Conger Conner Dailey DeLoach Dickinson Dollar Doster Duncan, V. W. Etheridge Evans
Floyd Hale Hall Harrington Herndon Houston Howell Hudgins Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Leonard Lewis, E. B. Looper Maddox McCracken McKemie Melton Milhollin Mitchell Moore, Don C. Moore, J. H. Murphy Paris
1829
Perry Phillips, G. S. Poss Reid Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Simmons Smith, Chas. C. Smith, V. T. Snow Stalnaker Thomas Tucker, J. B. Underwood Vaughn, C. R. Walker Ware Watson White Wiggins Williams, G. J. Wilson 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.
Mr. Harris of Glynn moved that HB 550 be immediately transmitted to the Senate.
The motion prevailed and HB 550 was ordered immediately transmitted to the Senate.
HB 663. By Mr. Strickland of Evans:
A Bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways of this State, so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, which such equipment is being operated
1830
JOURNAL OP THE HOUSE,
upon certain public roads or highways during daylight hours within a certain radius of the owner's residence, and for other purposes.
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 Beck Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Brantley Brinkley Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Davis Dean DeLoach DeVane Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Flynt Gary
Grahl Griffin Griffis Harrell Harris, J. P. Harris, R. W. Henderson Herndon Holder Howell Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, P. C. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McKemie McRae Merritt Minge Mitchell Mixon
Moate Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Peterson Phillips, L. L. Pope Potts Rainey Reaves Rhodes Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spillers Steis Story
Strickland Tabb Thomason Tidwell Tucker, J. B.
MONDAY, MARCH 8, 1965
Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Watson Wells
1831
White Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Abney Acree Balkcom Barber Bedgood Bolton Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Chandler Clarke, H. G. Conner Dailey Dickinson Dunwody Etheridge Parrar Floyd Fulford Hale Hall
Harrington Harris, J. R. Houston Hudgins Irvin Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Laite Lambert Leonard Looper McClelland McCracken McDaniell Melton Milhollin Moore, Don C. Murphy Paris Perry
Phillips, G. S. Pickard Poss Reid Rodgers, H. B. Rogers, Jimmie Rowland Simmons Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Sweat Thomas Underwood Walker Ware Watkins Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Strickland of Evans moved that HB 663 be immediately transmitted to the Senate.
The motion prevailed and HB 663 was ordered immediately transmitted to the Senate.
HB 421. By Messrs. Dixon and Sweat of Ware and Houston of Pierce:
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.
1832
JOURNAL OF THE HOUSE,
The following substitute was read and adopted:
A BILL
To be entitled an Act to provide for clearance by quiet title pro ceedings of defects in real estate titles; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Any person, which term shall include a corporation, partnership or other association, who claims an estate of freehold or future, or a present term of which at least five years are unexpired, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof or not, and whether such land is vacant and unoccupied or not, may bring a proceeding in rem, against all the world to establish his title to such land and to determine all adverse claims thereto or to remove any particular cloud or clouds upon his title to such land, including an equity of redemption, which proceeding may be against all persons known or unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants.
Section 2. The proceeding in rem shall be instituted by filing a petition in the Superior Court of the county wherein said land is situated, or if said land is situated in two or more counties, in either of said counties. The petition, which shall be verified by the petitioner, shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner's interest in said land, a statement as to whether such interest is based upon a written instru ment (whether same be a contract, deed, will or otherwise) or adverse possession or both, a description of all adverse claims of record or other wise known to the petitioner, the names and addresses, so far as known to the petitioner, of any possible adverse claimant, and, if the proceeding is brought to remove a particular cloud or clouds, a statement as to the grounds upon which it is sought to remove such cloud or clouds. There shall be filed therewith (1) a plat of survey of said land, (2) copy of the immediate instrument or instruments, if any, upon which the petitioner's interest is based, and (3) copy of the immediate instrument or instru ments of record or otherwise known to the petitioner, if any, upon which any person might base an interest in said land adverse to the petitioner. Upon the filing of such petition, the petitioner shall con temporaneously file with the clerk of said court a notice for record in the lis pendens docket pursuant to the provisions of an Act approved February 21, 1939 (Ga. Laws 1939, p. 345).
Section 3. The court shall upon receipt of the petition together with the plat and instruments filed therewith, submit the same to a special master who shall be a resident practicing attorney.
Section 4. The Master shall examine the petition, plat and all documents filed therewith and may require other evidence found by him to be needed including, but not limited to, an abstract of title, to be filed.
MONDAY, MARCH 8, 1965
1833
Section 5. Upon the filing of all evidence with him, the Master shall:
(a) determine who is entitled to notice;
(b) cause process to issue, directed to all known persons who are entitled to notice, and to all other persons known and unknown, whom it may concern; process shall be served upon known persons whose residence is unknown or is ascertainable by the sheriff or his deputy as provided by law. In all cases where service by publication is per mitted under the laws and where the defendant or other party shall reside out of this state or whose residence shall be unknown, and it shall be necessary to perfect service upon such person by publication upon the fact being made to appear to the judge or clerk of the court in which suit is pending, either in term or vacation, said judge or clerk may order service to be perfected by publication in the paper in which sheriffs' advertisements are printed, four times within the ensuing thirty days, publications to be at least seven days apart. Said published notice shall contain the name of the party's plaintiff and defendant with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publica tion, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within thirty days of the date of the order for service by publi cation and shall bear teste in the name of the judge and shall be signed by the clerk of said court. The date upon which the nonresident or party whose residence is unknown is called upon to appear shall be the ap pearance day of the case.
(c) Any adverse party shall be entitled to have at least thirty (30) days after completion of service to file any pleading he desires in the matter before the court.
(d) If, upon the filing of the petition or of the evidence required by him, the Master finds that there are persons under a disability, or minors, or persons not in being, unascertained or unknown who may have an interest, he shall appoint a disinterested person, in the nature of a guardian ad litem, who shall be served with copies of the notice prescribed, and who shall represent these interests.
Section 6. Upon reasonable notice to the parties, after proof of serving notice as required by the provisions of this Act has been filed, and after the appointment of the disinterested person as representative where required, the special Master shall have complete jurisdiction with in the scope of the pleadings to ascertain and determine the validity, nature or extent of petitioners title and all other interests in said land, or any part thereof, which may be adverse to the title claimed by the petitioner or to remove any particular cloud or clouds upon the title to said land to make a report of his findings to the Judge of said Court; provided, however, any party to this proceeding may demand a trial by a jury of any question of facts.
Section 7. Upon the receipt of the Master's report, or upon a jury verdict, the court shall issue a decree which shall be recorded in the
1834
JOURNAL OF THE HOUSE,
office of the Clerk of the Superior Court of the county or counties wherein the land affected lies, and when recorded shall operate to bind the land affected according to the tenor thereof, and shall be conclusive upon, and against all persons named therein, known or unknown. A marginal reference to the recorded judgments and decree shall be entered upon any recorded instrument stated to be affected thereby.
Section 8. The Court shall fix a reasonable compensation, not less than $50.00, to be paid to the Master appointed hereunder, and shall fix the compensation to be paid to any representative, in the nature of a guardian ad litem, appointed hereunder. These fees are to be taxed in the discretion of the court as a part of the costs.
Section 9. At any time within six months from the entering of the final decree any person not previously a party who claims an interest in said land may intervene in which event the case shall be reopened as to that party as his rights adjudicated.
Section 10. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition under this article against the same supposed claimants.
A petitioner may join in one petition separate causes of action, but if they cannot be conveniently disposed of together, the court may order separate trials.
Section 11. The purpose of this Act is to create a procedure for removing any cloud upon the title to land, including the equity of re demption by owners of land sold at tax sales, and for readily and con clusively establishing that certain named persons are the owners of all the interests in land defined by a decree entered in such proceeding, so that there shall be no occasion for land in this State to be unmarketable because of any uncertainty as to the owner of every interest therein.
Section 12. This Act shall be liberally construed.
Section 13. The remedy provided by this Act is intended to be cumulative and not exclusive.
Section 14. 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:
MONDAY, MARCH 8, 1965
Those voting in the affirmative were Messrs.
Abney Alien Bagby Barber Beck Black Blair Blalock Bowen, J. 0. Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Conner Crowe Dailey Davis Dean DeLoach DeVane Dixon Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Fulford Gary Grahl Griffin Griffis
Harrington Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, M. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McRae Merritt Milhollin Minge Moate Moore, Don C. Moore, J. H. Moses Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Pafford
1835
Page Perry Phillips, G. S. Phillips, L. L. Pickard Pope Poss Rainey Reaves Richardson Roberts Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spillers Steis Story Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson Wells Wiggins Williams, G. J. Wilson Wright
Voting in the negative were Messrs. Mixon and Paris.
Those not voting wera Messrs.:
Acree Anderson Arnsdorff
Balkcom Ballard Bedgood
Bolton Bowen, R. L. Brackin
1836
Branch Brantley Brooks, Geo. B. Brooks, Wilson Chandler Colwell Dickinson Doster Etheridge Evans Flynt Hale Hall Harrell Harris, J. F. Herndon Holder Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul
JOURNAL OF THE HOUSE,
Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Lee, W. J. (Bill) Leonard Looper Lovett Matthews, D. R. McCracken McDaniell McKemie Melton Mitchell Murphy NeSmith, J. D. Newton, A. S. Parker Peterson Potts Reid
Rhodes Rodgers, H. B. Rogers, Jimmie Ross Shuman Simmons Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Stalnaker Strickland Thomas Vaughan, D, N. Walker Ware White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 131, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Dixon of Ware moved that HB 421 be immediately transmitted to the Senate.
The motion prevailed and HB 421 was ordered immediately transmitted to the Senate.
HR 238-657. By Messrs. Newton of Colquitt and Irvin of Habersham:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State Gov ernment and the costs incurred by local governments in operating the public schools and for other purposes.
The following amendments were read and adopted:
The Rules Committee moves to amend HR 238-657 as follows:
By striking from the last paragraph thereof that sentence which reads as follows:
MONDAY, MARCH 8, 1965
1837
"The committee shall be authorized to meet for any number of days that may be necessary to carry out the provisions of this Resolution." and; substituting in lieu thereof the following:
"The committee shall be authorized to meet for such number of days as shall be authorized by the Governor, not to exceed twenty (20) days."
Mr. Harris of DeKalb moves to amend HR 238-657 by striking from the last two lines on page one the words "as many citizens of Georgia to said Committee as he shall deem necessary to carry out the provisions of this Resolution", and substituting in lieu thereof the following: "ten (10) other citizens 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 Acree Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bed good Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. P. Collins, M. Conner
Crowe Dailey Davis Dean DeLoach DeVane Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Flynt Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B.
Jones, G. Paul Jones, M. Laite Lambert Lee, F. S. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Matthews, C. Mauldin Mauney McClelland McRae Merritt Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
1838
Pafford Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Rainey Richardson Roberts Rodgers, H. B. Roper Ross
JOURNAL OF THE HOUSE,
Rowland Rush Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spillers Stalnaker Steis Story
Tabb Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Caldwell Coker, G., Dr. Colwell Conger Dickinson Dixon Dollar Dorminy Evans Floyd Fulford Gary Hale Hall Herndon Houston Hudgins Hull
Jones, C. M. Jones, F. C. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Lee, G. B. Lee, W. J. (Bill) Leonard Looper Marshall Matthews, D. R. McCracken McDaniell McKemie Melton Milhollin Mitchell Moate NeSmith, J. D. Overby Perry Poss
Potts Reaves Reid Rhodes Rogers, Jimmie Russell Savage Shuman Simmons Smith, Chas. C. Smith, G. L. II Snow Spikes Strickland Sweat Thomas Thomason Tidwell Vaughn, C. R. Walker White Williams, G. J. Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Mr. Irvin of Habersham moved that HR 238-657 be immediately transmitted to the Senate.
MONDAY, MARCH 8, 1965
1839
The motion prevailed and HR 238-657 was ordered immediately transmitted to the Senate.
HB 646. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend Section 84-1031 of the Code, to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses 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 Bagby Balkcom Barber Beck Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, M. P. Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Colwell Conner Dailey Davis Dean DeLoach DeVane Dickinson
Dorminy Doster Duncan, A. C. Dunwody Farrar Fulford Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Henderson Holder Howell Hudgins Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Knight, D. W. Knight, W. D. Laite Lambert Lee, F. S. Lee, G. B. Lewis, P. B.
Lovett Lowrey Luke Maddox Matthews, C. Mauldin Mauney McClelland McCracken MeKemie McRae Merritt Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Overby Pafford Page Paris Parker Perry Peterson
1840
Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Richardson Roberts Ross Rush Savage Sewell Shea Shuman
JOURNAL OF THE HOUSE,
Simkins Simmons Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat
Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D .N. Walker Ware Watson Wells Wiggins Williams, G. J. Wilson Wright
Those not voting were Messrs.:
Ballard Bedgood Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Chandler Clarke, H. G. Collins, M. Conger Crowe Dixon Dollar Duncan, V. W. Etheridge Evans Floyd Flynt
Gary Hale Hall Harrell Harris, J. R. Herndon Houston Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kelly Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Marshall Matthews, D. R. McDaniell Melton Moate
Oglesby Otwell Reaves Reid Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Smith, Chas. C. Smith, G. L. II Smith, V. T. Thomas Thomason Vaughn, C. R. Watkins White Williams, W. M. Woodward Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Mr. Coker of Cherokee moved that HB 646 be immediately transmitted to the Senate.
The motion prevailed and HB 646 was ordered immediately transmitted to the Senate.
MONDAY, MARCH 8, 1965
1841
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:
HB 350. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend the Georgia Election Code, relating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, so as to provide that an incumbent of the office of justice of the peace, who serves as a poll officer at a primary or election in which he seeks nomination for or election to the office of justice of the peace, shall be eligible to hold same if nominated or elected, and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 34, relating to elections, so as to provide that electors residing in certain counties but not residing in election districts containing county courthouses, shall not be allowed to vote at the polling places of the districts containing county court houses; to eliminate the provision providing that at least thirty days shall intervene between the call of a special referendum election and the holding of same; to provide for the calling and holding of bond elections by the governing authority of a county, municipality or politi cal subdivision desiring to incur bonded debt in accordance with the provisions of the State Constitution; to provide that a political party holding a runoff primary may avoid supplying poll officers for each polling place used by the party in the preceding primary, by filing a written designation of each polling place the party desires to con tinue to use in the runoff primary; to provide that a nomination peti tion of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking as of the close of the registrars' business on the business day immediately preceding the day on which the nomination petition is filed and to pro vide for an exception to such requirement in the case of candidates seeking the office of judge of the superior court or solicitor general; to provide that the incumbency of a candidate seeking election to the public office he then holds shall be indicated on the ballot; to provide that no vote recorder shall be adopted or used in this State unless it shall, when used in conjunction with a tabulating machine, preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote, and shall otherwise preclude the counting of over-votes; to provide that the form of ballot labels for use on vote recorders may be varied in order to present a clear presentation of candidates and questions to the electors and to provide that the form of such ballot labels shall be prescribed by the Secretary of State; to prescribe a more flexible procedure for the count ing of votes in districts in which paper ballots are used; to repeal Code Section 87-201, relating to the notice of election on the issue of bonds, as amended; to repeal Code Section 87-202, relating to how an election
1842
JOURNAL OF THE HOUSE,
is held on the issue of bonds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 34, relating to elections, is hereby amended by striking the period at the end of Code Section 34-102, relating to the application of the Georgia Election Code, and inserting in lieu there of the following:
"except as provided in Code Section 34-807.", so that when so amended Code Section 34-102 shall read as follows:
"Section 34-102. Application of Code.--This Code shall apply to any general or special election in this State to fill any federal, state or county office, and to any general or special primary to nominate candidates for any such office, and to any federal, state or county election or primary for any other purpose whatsoever; provided however it shall not apply to any municipal primary or election except as provided in Code Section 34-807."
Section 2. Said Code Title is further amended by inserting at the end of Subsection (c) of Code Section 34-629, relating to the right of the electors of the county to vote in the district containing the county courthouse, the following:
"The provisions of this Subsection shall not apply to an elector of any county of this State having a population of more than 50,000 according to the official United States Decennial Census of 1960 or any future such census.",
so that when so amended Subsection (c) of Code Section 34-629 shall read as follows:
"(c) An elector, who resides in an election district which does not contain the county courthouse and whose name appears upon the electors list for such district, shall be allowed to vote at the polling place of the district containing the county courthouse. In cases where there is a variation in the candidates or questions voted upon as between such districts and where the poll officers of the district containing the county courthouse do not possess paper ballots of the district of the elector's residence, a poll officer of the district containing the county courthouse shall, prior to furnishing such elector with a paper ballot mark out the name of each candi date and the statement of each question which the elector would not have been entitled to vote for had he voted in the district of his residence. The elector in voting such ballot shall be entitled to make a write-in vote for any candidate whose name is printed on the ballots of the election district of his residence, but not printed on the ballot furnished him. After the polls are closed, a poll officer of the district containing the county courthouse shall examine the electors list of the district of such elector's residence,
MONDAY, MARCH 8, 1965
1843
and if he finds that the elector has voted more than once in the primary or election, he shall report such information to the solici tor general. The provisions of this Subsection shall not apply to an elector of any county of this State having a population of more than 50,000 according to the official United States Decennial Cen sus of 1960 or any future such census."
Section 3. Said Code Title is further amended by striking in its entirety the last sentence of Code Section 34-806, relating to the conduct of special elections, and inserting in lieu thereof a new last sentence to read as follows:
"At least thirty days shall intervene between the call of a special election to fill a vacancy in public office and the holding of same.",
so that when so amended Code Section 34-806 shall read as follows:
"Section 34-806. Conduct of special elections.--Every special election shall be held and conducted in all respects in accordance with the provisions of this Code relating to general elections, and the provisions of this Code relating to general elections shall apply thereto in so far as practicable, and not inconsistent with any other provisions of this Code. All such special elections held at the time of a general election shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practi cable, as are used for such general election. At least thirty days shall intervene between the call of a special election to fill a vacancy in public office and the holding of same."
Section 4. Said Code Title is further amended by inserting at the end of Code Chapter 34-8, relating to dates of primaries and elections, a new Code Section to be designated as Code Section 34-807, relating to bond elections, to read as follows:
"Section 34-807. Bond elections.-- (a) The governing authori ty of a county, municipality or political subdivision desiring to in cur bonded debt in accordance with the provisions of the State Constitution shall call a special election to be held on a certain day for the purpose of submitting to the electorate the question of whether such bonded debt shall be incurred. The governing au thority shall publish notice of such election once a week for a period of four weeks immediately preceding the day of the election in a newspaper in which the sheriff's advertisements for the county containing all or the largest part of the area of the county, munici pality or political subdivision involved. Such notice shall specify: (i) the date of the election and the question to be submitted to the electorate; and (ii) the principal amount of bonds to be issued, the purpose for which such bonds are to be issued, the interest rate or rates which such bonds are to bear and the amount of principal to be paid in each year during the life of such bonds; provided, however, that the governing authority, in lieu of speci fying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear
1844
JOURNAL OF THE HOUSE,
interest at a rate not exceeding a maximum per annum rate of interest as stated in the notice or that, in the event such bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate stated in the notice. Nothing contained in this Section shall prohibit the issuer from selling such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum rate specified in the notice of the election.
"(b) The election shall be held at the polling place in each election district within the limits of the county, municipality or political subdivision involved, and shall be held by the same officers, in the same manner, and under the same laws, rules and regulations that elections for officers of such county, municipality or political subdivision are held, and, after consolidation, the returns shall be made to the governing authority calling the election who shall thereupon officially declare the result."
Section 5. Said Code Title is further amended by redesignating Subsection (b) of Code Section 34-1007, relating to the polling places and poll officers to be used in primaries, as Subsection (c) and by inserting a new Subsection (b) to read as follows:
"(b) Notwithstanding the provisions of Subsection (a) above, a political party holding a runoff primary, may avoid supplying poll officers for each polling place used by the party in the pre ceding primary, by filing with the ordinary and board of registrars of each county involved at least five days prior to the runoff pri mary a written designation of each polling place the party desires to continue to use in the runoff primary; provided, however, that the party shall designate at least one polling place within such county. In the event such a designation is timely filed, the ordinary shall only equip the polling place or places so designated for use in the runoff primary and the party shall only supply poll officers for each such polling place. In instances where only one polling place is so designated within a county, the registrars shall furnish to the managers of such polling place the lists of electors eligible to vote in such runoff primary. In instances where two or more polling places are so designated within a county, the board of registrars shall divide the lists of electors eligible to vote in the runoff primary among the designated polling places in such a man ner as to promote the convenience of the electors consistent with the ability of the board of registrars to prepare the lists in time. The electors of an election district in which no polling place is designated for use in the runoff primary shall be allowed to vote at the desig nated polling place possessing the list on which their names ap pear under the same rules that would have governed if a polling place had been established in their district. In the absence of such a timely designation, the ordinary shall equip each polling place established in the preceding primary and the party shall supply poll officers for same."
Section 6. Said Code Title is further amended by striking Sub section (b) of Code Section 34-1010, relating to the number of signatures
MONDAY, MARCH 8, 1965
1845
required for the nomination of candidates by petition, in its entirety and inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) A nomination petition of a candidate shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking as of the close of the regi strars' business on the business day immediately preceding the day on which the nomination petition is filed; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the five per cent figure shall be computed only on the total number of such electors of the judicial circuit directly involved."
Section 7. Said Code Title is further amended by striking Sub section (c) of Code Section 34-1103, relating to the form of the official election ballot, in its entirety and inserting in lieu thereof a new Sub section (c) to read as follows:
"(c) Immediately under the directions, the names of all candi dates, who have been nominated in accordance with the require ments of the Code, shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominates of a political party shall be placed under the name of their party. The incumbency of a candidate seeking election to the public office he then holds shall be indicated on the ballot. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial elec tion. The columns of parties, having no candidate for Governor on the ballot at the last gubernatorial election, shall be arranged al phabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent', which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns, shall be printed a suf ficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (x) or check (V) mark."
Section 8. Said Code Title is further amended by striking Sub section (e) of Code Section 34-1220, relating to the requirement that
1846
JOURNAL OF THE HOUSE,
a vote recorder shall preclude an elector from over-voting, in its en tirety and inserting in lieu thereof a new Subsection (e) to read as follows:
"(e) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude the counting of votes for more persons for any office than he is entitled to vote for, and shall preclude the count ing of votes for any candidate for the same office or upon any question more than once."
Section 9. Said Code Title is further amended by striking Sub sections (b) and (c) of Code Section 34-1222, relating to the form of ballot labels on vote recorders, in their entirety and inserting in lieu thereof new Subsections (b) and (c) to read as follows:
"(b) The arrangement of offices, names of candidates and questions upon the ballot labels shall conform as nearly as practi cable to the provisions of this Code for the arrangement of same on paper ballots. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.
"(c) The form and arrangement of ballot labels shall be pre scribed by the Secretary of State and prepared by the superin tendent."
Section 10. Said Code Title is further amended by striking Sub section (a) of Code Section 34-1321, relating to the count of votes in districts in which paper ballots are used, in its entirety and inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officer shall open the ballot box and take therefrom all ballots contained therein. The ballot shall then be counted one by one, and a record made of the total number. Then the poll officers shall count the votes marked on the ballots and shall carefully enter each vote as read, and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unob structed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully completed."
MONDAY, MARCH 8, 1965
1847
Section 11. Code Section 87-201, relating to the notice of election on the issue of bonds, as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1032), is hereby repealed in its entirety.
Section 12. Code Section 87-202, relating to how an election is held on the issue of bonds, is hereby repealed in its entirety.
Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read: Mr. Harris of DeKalb moves to amend Com. Sub. to HB 350 by adding at the end of Section 10 the following language:
"In all counties having a population of less than 200,000 according to the 1960 census or any future census ,all ballots so cast by electors either by paper ballot, voting machine or vote recorder or tabulating machines shall be counted and tabulated in the district or precinct in which said vote was cast."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bowen, J. 0. Brinkley Brooks, Wilson Dailey Dixon Dunwody Etheridge Farrar Gary Harris, J. F. Harris, J. R.
Irvin Jones, M. Lee, W. J. (Bill) Lewis, E. B. Luke McClelland McDaniell Milhollin Moore, J. H. Paris Richardson
Shea Smith, A. B. Smith, G. L. II Steis Tucker, J. B. Vaughn, C. R. Vaughan, D. N. White Williams, W. M.
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Bagby Beck Black Blair Blalock Bowen, R. L.
Brackin Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Carr Clark, J. T. Clarke, H. G. Coker, G., Dr.
Collins, M. Conner Davis Dean DeLoach DeVane Dickinson Dorminy Doster Duncan, A. C.
1848
JOURNAL OF THE HOUSE,
Duncan, V. W. Evans Grahl Hale Harrell Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Leonard Lovett Lowrey Maddox Mauldin
Mauney McCracken McKemie McRae Merritt Mitchell Mixon Moore, Don C. Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Pafford Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reid Rhodes Roberts Rogers, Jimmie Roper
Ross Rush Savage Sewell Shuman Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Story Sweat Tabb Thomason Tidwell Tucker, Ray M. Underwood Walker Ware Watkins Watson Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs. :
Arnsdorff Balkcom Ballard Barber Bedgood Bolton Branch Brantley Byrd Caldwell Chandler Coker, R. Collins, J. F. Colwell Conger Crowe Dollar Floyd Flynt Fulford
Griffin Griffis Hall Harrington Herndon Hull Jones, C. M. Jordan, W. H. Laite Lane Lewis, P. B. Looper Marshall Matthews, C. Matthews, D. R. Melton Minge Moate NeSmith, J. D. Oglesby
Overby Page Parker Pickard Reaves Rodgers, H. B. Rowland Russell Simmons Simpson Spikes Stalnaker Strickland Thomas Wells Mr. Speaker
On the adoption of the amendment, the ayes were 31, nays 117.
MONDAY, MARCH 8, 1965
1849
The amendment was lost.
The following amendment to the substitute was read:
Mr. Bagby of Paulding moves to amend HB 350 as follows:
By adding at the end of Section 10 the following language:
"All ballots so cast by electors either by paper ballot, voting machine or vote recorder or tabulating machines shall be counted and tabulated in the district or precinct in which said vote was cast:.
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 Acree Alien Anderson
Bagby Beck Black Bowen, R. L. Brackin Brooks, Geo. B. Brown, M. P. Busbee Bynum Caldwell Chandler Collins, J. F. Colwell Conner Dean Dickinson Dixon Dorminy Doster Evans Fulford Griffis
Harris, J. F. Henderson Houston Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Knight, W. D. Lee, F. S. Leonard Lewis, P. B. Looper Matthews, D. R. Mauney McCracken Moses Murphy Newton, A. S. Newton, D. L. Odom Otwell Pafford Page Perry
Those voting in the negative were Messrs.:
Ballard Barber Blair
Blalock Bolton Bowen, J. 0.
Phillips, G. S. Phillips, L. L. Poss Potts Rainey Reid Rhodes Roberts Rogers, Jimmie Roper Ross Rush Savage Singer Smith, Chas. C. Snow Sweat Tabb Thomas Thomason Tidwell White Williams, G. J. Wilson Woodward Wright
Brinkley Brooks, Wilson Brown, Gene
1850
Byrd Clark, J. T. Clarke, H. G. Coker, G., Dr. Dailey Davis DeLoach DeVane Duncan, V. W. Etheridge Farrar Gary Harrell Harris, J. R. Harris, R. W. Holder Howell Irvin Jones, M. Jordan, Ben C. Knight, D. W. Lambert Lee, G. B.
JOURNAL OF THE HOUSE,
Lee, W. J. (Bill) Lewis, E. B. Lovett Lowrey Luke Mauldin McClelland McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. NeSmith, J. D. Paris Parker Peterson Pope Richardson Rodgers, H. B.
Sewell Shea Shuman Simkins Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Spikes Spillers Steis Story Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wiggins Williams, W. M.
Those not voting were Messrs. :
Arnsdorff Balkcom Bedgood Branch Brantley Carr Coker, R. Collins, M. Conger Crowe Dollar Duncan, A. C. Dunwody Floyd Flynt Griffin Hale
Hall Harrington Herndon Hull Jessup Jones, F. C. Jordan, W. H. Kelly Laite Lane Maddox Marshall Matthews, C. Melton Mixon Moate Nessmith, P.
Oglesby Overby Pickard Reaves Rowland Russell Simmons Smith, E. B., Jr. Smith, J. R. Stalnaker Strickland Underwood Watkins Wells Mr. Speaker
On the adoption of the amendment, the ayes were 78, nays 77.
The Speaker voted "Nay" and the amendment was lost.
Mr. Snow of Walker stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".
MONDAY, MARCH 8, 1965
1851
Mr. DeLoach of Echols stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
The following amendment was read:
Mr. Bagby of Paulding moves to amend Section 8, sub-section E of HB 350 by adding a new sentence following said sub-section E to read as follows:
"The said vote recorder and or tabulating machine, or voting machine shall be constructed so as to prevent the above violations of double voting at the time the vote is cast."
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 Acree Alien Anderson Bagby Balkcom Ballard Barber Beck Black Bowen, R. L. Brackin Brown, Gene Brown, M. P. Busbee Byrd Chandler Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey Davis Dean
DeVane
Dorminy
Evans
Fulford
Grahl
Griffis Henderson Houston Hudgins Irvin Johnson, B. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Lane Lee, W. J. (Bill) Lewis, P. B. Looper Maddox Matthews, D. R. Mauldin Mauney McCracken McKemie McRae Mixon Moore, Don C. Moses Murphy
NeSmith, J. D.
Newton, A. S.
Oglesby
Overby
Parker
Peterson Pope Poss Potts Rainey Reaves Reid Rhodes Richardson Rodgers, H. B. Roper Ross Rowland Savage Singer Smith, Chas. C. Spillers Stalnaker Strickland Sweat Thomas Thomason Tidwell Tucker, Ray M. Wells
Wiggins
Williams, W. M.
Wilson
Woodward
1852
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Blair Blalock Bolton Bowen, J. O. Brinkley Brooks, Wilson Busbee Bynum Caldwell Carr Clark, J. T. Clarke, H. G. Duncan, V. W. Dunwody Etheridge Parrar Gary Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Holder Hull
Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Laite Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lowrey Luke Matthews, C. McClelland McDaniell Merritt Milhollin Mitchell Moore, J. H. Newton, D. L. Odom Page Paris Perry Phillips, G. S.
Pickard Roberts Sewell Shea Shuman Simkins Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Spikes Steis Story Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins White Williams, G. J.
Those not voting were Messrs.:
Arnsdorff Bedgood Branch Brantley Brooks, Geo. B. Coker, G., Dr. Colwell Conner DeLoach Dickinson Dixon Dollar Doster Floyd
Flynt Hale Hall Harrington Herndon Howell Jessup Jones, C. M. Jordan, Ben C. Knight, W. D. Lambert Marshall Melton Minge
Moate Nessmith, P. Otwell Pafford Phillips, L .L. Rush Russell Simmons Simpson Smith, J. R. Strickland Tabb Watson Mr. Speaker
On the adoption of the amendment, the ayes were 89, nays 71.
The amendment was adopted.
The following amendment was read: Mr. Bynum of Rabun moves to amend HB 350 as follows:
MONDAY, MARCH 8, 1965
1853
By renumbering Section 2 subsection 2 (b) and adding a subsection 2 (a) as follows:
Section 34-629, paragraph (b) is amended by adding the following words "or primary" after the 3rd word "election", so that the first line of this paragraph shall read:
(b) In any election or primary held in any election district (not contain ing the county courthouse)
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 Acree Alien Anderson Bagby Balkcom Ballard Barber Beck Bedgood Black Bowen, K. L. Brackin Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee, G. D. Bynum Byrd Caldwell Chandler Clark, J. T. Collins, J. P. Colwell Conner Dailey Davis DeVane Dickinson Doster Duncan, A. C. Dunwody Etheridge Evans Fulford Gary Grahl
Harrington Harris, R. W. Henderson Holder Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Leonard Lewis, E. B.
Looper Lovett Luke Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McRae Milhollin Mitchell Mixon Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom
Oglesby Pafford Paris Perry Phillips, G. S. Poss Rainey Reaves Rhodes Roberts Rogers, Jimmie Roper Ross Rowland Savage Shuman Simkins Singer Smith, A. B. Smith, Chas. C. Smith, J. R. Snow Spillers Stalnaker Story Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Watkins Wells Williams, G. J. Wilson Woodward Wright
1854
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.
Blair Blalock Bolton Bowen, J. O. Brinkley Carr Clarke, H. G. Coker, G., Dr. Collins, M. DeLoach Duncan, V. W. Farrar Griffin Harris, J. F. Jones, M.
Jordan, Ben C. Lambert Lewis, P. B. Lowrey Maddox McDaniell Merritt Minge Moore, J. H. Moses Nessmith, P. Otwell Overhy Peterson Phillips, L. L.
Pope Potts Reid Richardson Sewell Shea Smith, E. B., Jr.
Steis Thomason Vaughan, D. N. Walker Watson Wiggins Wililams, W. M.
Those not voting were Messrs.:
Arnsdorff Branch Brantley Coker, R. Conger Crowe Dean Dixon Dollar Dorminy Floyd Flynt Griffis Hale Hall Harrell
Harris, J. R. Herndon Howell Jones, C. M. Jordan, W. H. Laite Lane Lee, W. J. (Bill) Marshall McCracken McKemie Melton Moate Page Parker Pickard
Rodgers, H. B. Rush Russell Simmons Simpson Smith, G. L. II Smith, V. T. Spikes Strickland Sweat Thomas Vaughn, C. R. Ware White Mr. Speaker
On the adoption of the amendment, the ayes were 113, nays 44.
The amendment was adopted.
The following amendment was read and adopted:
Mr. Chandler of Baldwin moves to amend the Committee Substitute to HB 350 as follows:
By inserting between the words "State Constitution;" and the words "to provide" as contained in the eleventh line of the title, the following words: "to provide that the provisions of Code Section 34-802, relating
MONDAY, MARCH 8, 1965
1855
to the election of officers in a November general election, shall not apply to the election of a member of the governing authority of a county where the local law governing such authority provides for his election during a certain period, and his constituency in such county failed to fill such office in the General Election held on November 3, 1964, and to provide in such case that such member shall be elected for the en suing term at the time provided for in such local law, and to provide for the automatic repeal of such provision at a prescribed time;".
By renumbering Sections 11, 12 and 13 as Sections 12, 13 and 14, respectively, and inserting between Section 10 and 12 a new Section 11 to read as follows:
Section 11. Said Code Title is hereby amended by adding at the end of Code Section 34-802, relating to the election of officers in the November general election, a new sentence to read as follows: "The provisions of the preceding sentence shall not apply to the election of a member of the governing authority of a county where the local law governing such authority provides for his election during the period between January 1, 1965, and July 1, 1965, and his constituency in such county failed to fill such office in the General Election held on Novem ber 3, 1964; and in such a case such member shall be elected for the ensuing term at the time provided for in such local law; and effective July 1, 1965, this sentence shall be automatically repealed.".
Mr. Hale of Bade moved that HB 350 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 Arnsdorff Ballard Beck Black Blair Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, M. P. Bynum Byrd Carr
Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Dailey Dean DeLoach Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar
Fulford Grahl Griffin Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M.
1856
JOURNAL OP THE HOUSE,
Jordan, Ben C. Kelly Knight, D. W. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, C. Matthews, D. R. Mauney McDaniell McKemie Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Murphy
Newton, A. S. Newton, D. L.
Oglesby Otwell Pafford Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea
Shuman Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Steis Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Bagby Barber Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Chandler Dickinson Harrington
Hull Hutchinson Jones, F. C. Jones, G. Paul McClelland McCracken Moore, Don C. Odom Overby
Paris Reid Simkins Smith, A. B. Smith, J. R. Story Wiggins Wilson
Those not voting were Messrs.:
Abney Balkcom Bedgood Branch Brantley Caldwell Collins, J. F. Conger Conner
Crowe Davis DeVane Dollar Floyd Flynt Gary Griffis Hall
Herndon Johnson, B. Jordan, W. H. Knight, W. D. Lambert Lane Marshall Mauldin McRae
Melton Moate NeSmith, J. D. Nessmith, P. Rodgers, H. B.
MONDAY, MARCH 8, 1965
1857
Rush Simmons Smith, G. L. II Stalnaker Thomas
Ware Wells White Woodward Mr. Speaker
On the motion to Table the ayes were 136, nays 26.
The motion prevailed and HB 350 was laid on the Table.
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 227. By Mr. Evans of McDuffie:
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 provisions of said Act relating to operating motor vehicles while under the influence of intoxicating liquor, and for other purposes.
Mr. Bolton of Spalding moved that HB 227 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 Alien Anderson Balkcom Bedgood Black Blair Bolton Bowen, J. O. Brackin Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Carr Chandler
Clark, J. T. Coker, G., Dr. Coker, R. Dailey Davis Dean DeLoach Dickinson Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Gary Grahl
Jriffin Griffis Hale Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Howell Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C.
1858
Kelly Knight, D. W. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Maddox Matthews, C. Mauldin McDaniell McKemie Merritt Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy Odorn Oglesby
JOURNAL OF THE HOUSE,
Otwell Overby Pafford Page Paris Perry Peterson Phillips, L. L. Pope Poss Potts Reaves Eeid Rhodes Richardson Roberts Roper Rush Russell Savage Sewell
Shea Shuman Simpson Singer Smith, A. B. Smith, E. B., Jr.
Smith, J. B. Snow Stalnaker Steis Story Strickland Sweat Tucker, Ray M. Underwood Vaughan, D. N. Watson Wiggins Woodward
Those voting in the negative were Messrs.:
Barber Brinkley Caldwell Collins, M. Conner Evans
Johnson, B. Lowrey Matthews, D. R. McRae Milhollin Mitchell
Nessmith, P. Simkins Tabb Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Acree Arnsdorff Bagby Ballard Beck Blalock Bowen, R. L. Branch Brantley Bynum Byrd Clarke, H. G. Collins, J. F. Colwell Conger Crowe DeVane Dollar Dorminy
Floyd Flynt Fulford Hall Harrell Herndon Houston Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard Looper
Luke Marshall Mauney McClelland McCracken Melton Moate NeSmith, J. D. Newton, A. S. Newton, D. L. Parker Phillips, G. S. Pickard Rainey Rodgers, H. B. Rogers, Jimmie
Ross
Rowland
Simmons
Smith, Chas. C. Smith, G. L. II Spikes Spillers Thomas Thomason
MONDAY, MARCH 8, 1965
1859
Tidwell Tucker, J. B. Vaughn, C. R. Walker Ware Watkins
Wells White Wright Mr. Speaker
On the motion to Table the ayes were 113, nays 18.
The motion prevailed and HB 227 was laid on the Table.
HB 512. By Messrs. Steis of Harris, Dean of Polk and others:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans, and for other pur poses.
Mr. Bolton of Spalding moved that further consideration of HB 512 be post poned until Tuesday, March 9, 1965 and the motion prevailed.
Further consideration of HB 512 was postponed until March 9, 1965.
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up:
HB 386. By Messrs. Ware of Troup, Parker of Screven and others:
A Bill to be entitled an Act to provide for the confiscation and destruc tion or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the confiscation and destruction or sale of any weapon carried illegally or used in the commission of a crime or the attempt to commit a crime against any person; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1860
JOURNAL OF THE HOUSE,
Section 1. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, and any device carried by any person in violation of Code Chapter 26-51 is hereby declared to be contraband and is for feited. For the purposes of this Act, an automobile shall not deemed to be a weapon or device and shall not be contraband or forfeited under the provisions thereof.
Section 2. At such time as there shall be a final judgment entered finding the accused guilty of the commission or attempted commission of a crime against any person or for violating Code Chapter 26-51, any such device which was used as a weapon in the commission of such crime or any such device employed in such a manner as to violate the provisions of Code Chapter 26-51 shall be turned over by that person having custody of such device to the sheriff of the county wherein such device was confiscated. The sheriff shall within thirty (30) days after receiving said device either destroy the same or advertise it for sale in such manner as other sheriff's sales are advertised and shall sell such devices to the highest bidder at the next sheriff's sale conducted after the completion of the advertisements.
Section 3. The proceeds derived from all sales of such devices, after deducting the costs of the advertising and the sale, shall be turned into the treasury of the county wherein such sale is made.
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.:
Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Blair Blalock Bolton Bowen, J. O. Brinkley Brooks, Geo. B.
Busbee Bynum Carr Chandler Clark, J. T. Coker, G., Dr. Collins, J. F. Colwell Conner Dailey Davis DeLoach DeVane
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Fulford Gary Grahl Griffin Harrington Harris, J. F. Harris, J. R. Harris, R. W.
MONDAY, MARCH 8, 1965
Henderson
Holder Houston Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lee, F. S. Lewis, P. B. Luke Mauldin Mauney McClelland McCracken McDaniell McKemie
McRae Merritt Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Phillips, L. L. Pope Poss Reaves Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland
1861
Russell Sewell Shea Shuman Simkins Smith, Chas. C. Smith, J. R. Spikes Spillers Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Vaughn, C. R. Ware Watkins Watson Wiggins Williams, W. M. Wilson
Those voting in the negative were Messrs.
Black Collins, M. Milhollin
Minge Mixon Murphy
Paris Tucker, Ray M. Williams, G. J.
Those not voting were Messrs.:
Abney Acree Bagby Bedgood Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Byrd Caldwell Clarke, H. G. Coker, R. Conger Crowe Dean
Dickinson Dixon
Dollar Dorminy Doster Evans Floyd Flynt Griffis Hale Hall Harrell Herndon Hudgins Hull Irvin Johnson, B. Jones, C. M. Kelly Knight, W. D. Lambert Lane
Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Melton Mitchell Moate Moore, Don C. Moore, J. H. Nessmith, P. Newton, D. L. Perry Peterson
1862
Phillips, G. S. Pickard Potts Rainey Rhodes Ross Rush Savage Simmons
JOURNAL OF THE HOUSE,
Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow Stalnaker Tabb
Thomas Underwood Vaughan, D. N. Walker Wells White Woodward Wright Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 108, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Ware of Troup moved that HB 386 be immediately transmitted to the Senate.
The motion prevailed and HB 386 was ordered immediately transmitted to the Senate.
Under the General Order of Business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HE 233-640. By Messrs. Chandler and Harrington of Baldwin:
A Resolution authorizing the conveyance of certain land in Baldwin County, and for other purposes.
The following substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of certain land in Baldwin County; and for other purposes.
WHEREAS, the Baldwin County Hospital Authority, a public cor poration authorized by law to acquire property by deed, is desirous of purchasing a tract or parcel of land as hereinafter described to be used for hospital and other purposes; and
WHEREAS, said tract or parcel of land is owned by the State of Georgia and is presently a part of the tract or parcel of land upon which the Georgia State Training School for Boys is located; and
MONDAY, MARCH 8, 1965
1863
WHEREAS, said tract or parcel of land is not needed in any way for the State Training School for Boys and the sale of such tract or parcel of land would not impair the operation of a State Training School for Boys or interfere with the operation of State Government; and
WHEREAS, the Governor is authorized to sell said tract or parcel of land to the Baldwin County Hospital Authority for the highest amount agreed upon by three independent appraisers; and
WHEREAS, said land is described as follows:
"That certain irregularly-shaped tract or parcel of land sit uate, lying and being on and along the northeasterly side of the northerly projection of north Cobb Street, and on and along the northeasterly side of the present right-of-way of the paved Milledgeville-Macon State Highway which is now identified as State Route Number 22, north from but near to the City of Milledgeville, in the original First Land and present 318th Militia District in Baldwin County, Georgia, it being composed and comprised of part of Land Lot Number 282 which was originally granted by the State unto Stephen Dyche, and part of Land Lot Number 295 which was originally granted by the State unto Thomas Polhill, the same con taining an area of Thirty-two (32.0) Acres, and is bounded as follows:
"BEGINNING at that point on the northeasterly side of the present right-of-way of the aforesaid Milledgeville-Macon State Highway, which, at said point, is the northerly projection of said north Cobb Street, and is the extreme west property corner of the present hospital site of Baldwin County Hospital Authority as the same is shown by the map and plat thereof which is now recorded in the Clerk's office of Baldwin County Superior Court in Deed Book Number 46, at Page Number 394, and from said point of be ginning running North 58 28'30" East a distance of 1608.24 feet to a point marking a corner with land of M. Ray Hodges; thence North 80 25' West a distance of 234.18 feet to a point marking another corner with land of said M. Ray Hodges; thence North 16 35' East a distance of 308.88 feet to a point on the right-of-way of the Georgia Railroad and Banking Company which marks another corner with the land of M. Ray Hodges; thence North 69 40' West a distance of 808.0 feet along the southwesterly side of the said railroad right-of-way to a point and corner thereon which is com mon to the land here described and to land owned and retained by the State of Georgia; thence South 41 30' West a distance of 1572.0 feet along a line with land owned and retained by the State of Georgia, to a point and property corner on the northeasterly side of the present right-of-way of the aforesaid Milledgeville-Macon State Highway; and thence in a general Southeasterly direction, following the curvatures of said State Highway and of said north Cobb Street, to that point on said street line marking the aforesaid point of beginning, and being the same land as described and set forth on that map or plat made from an actual survey thereof by Calvin W. Rice, Registered Georgia Land Surveyor, dated 18 Febru ary, 1965;" and
1864
JOURNAL OP THE HOUSE,
WHEREAS, it is the finding of the General Assembly of Georgia that the tract or parcel of land described herein is surplus and is not needed for State purposes; and
WHEREAS, it is hereby determined that the within described tract or parcel of land should be conveyed to the Baldwin County Hospital Authority for and in consideration of the amount arrived at by three independent appraisers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to grant, bargain, sell and convey to the Baldwin County Hospital Au thority, their successors and assigns, for and in consideration of the amount arrived at by said three appraisers, all of the rights, title and interests the State of Georgia has in the tract or parcel of land described in this Resolution.
BE IT FURTHER RESOLVED that upon ascertaining that the amount arrived at by said three appraisers has been paid into the State Treasury by the Baldwin County Hospital Authority or their successors or assigns, 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 deeds and other written in struments that may be necessary and in such form that may be neces sary to carry out the provisions of this Resolution and to originate or continue record chain of title to the tract or parcel of land herein described.
BE IT FURTHER RESOLVED that the above described tract or parcel of land shall be used by the Baldwin County Hospital Authority only for the purpose of providing hospital facilities or facilities directly related to providing hospital care.
BE IT FURTHER RESOLVED that in the event the Baldwin Coun ty Hospital Authority decides at any time that such tract or parcel of land is not needed by said authority for the purposes described herein, then said tract or parcel of land shall be resold to the State of Georgia for a consideration to be arrived at by three independent appraisers.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson
Arnsdorff Bagby Barber
Beck Bedgood Black
Blair Blalock Bolton Bowen, J. 0. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Conner Davis DeLoach DeVane Dickinson Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Henderson Holder Houston Howell
MONDAY, MARCH 8, 1965
Hudgins Hutchinson Irvin Jessup Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Matthews, C. Mauldin McCracken McKemie McRae Merritt Milhollin Minge Mitchell Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Paris
1865
Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Savage Sewell Shea Shunian Singer Spikes Spillers Steis Story Strickland Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Acree Balkcom Ballard Bowen, R. L. Branch Brantley Caldwell Carr
Clarke, H. G. Collins, J. F. Colwell Conger Crowe Dailey Dean Dixon
Dollar Etheridge Floyd Flynt Hale Hall Harrell Harris, J. R.
1866
JOURNAL OF THE HOUSE,
Herndon Hull Johnson, Dr. A. S. Jones, C. M. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Looper Marshall Matthews, D. R. Mauney McClelland McDaniell Melton
Mixon Moate Moore, J. H. Newton, D. L. Oglesby Page Poss Rainey Rogers, Jimmie Ross Rush Russell Simkins Simmons Simpson
Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stalnaker Sweat Thomas Tucker, J. B. Watkins White Wright Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 135, nays 0.
The Resolution, having received the requisite constitutional majority, was passed, by substitute.
Mr. Chandler of Baldwin moved that HR 233-640 be immediately trans mitted to the Senate.
The motion prevailed, and HR 233-640 was ordered immediately transmitted to the Senate.
HB 560. By Messrs. Odom of Dougherty, Floyd of Chattooga, and others:
A Bill to be entitled an Act to amend Code Section 56-1303, relating to the tax imposed upon the gross direct premiums received by insurance companies in Georgia, so as to increase the tax upon certain insurance companies writing policies of fire insurance and related hazards to dwellings, and for other purposes.
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 Balkcom Ballard Barber
Beck Bedgood Black Blalock
Bolton Bowen, J. 0. Brackin Brantley Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Dailey Davis Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
Fulford
Gary
Grahl
Griffin
Griffis
Harrington
Harris, J. F.
Henderson
Holder
Howell
MONDAY, MARCH 8, 1965
Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Moses
Murphy
NeSmith, J. D.
Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Otwell
Overby
Pafford
1867
Page Paris Parker Perry Peterson Phillips, L. L. Pope Potts Rainey Reaves Reid Rhodes Roberts Rogers, Jimmie Roper Rowland Russell Savage Shuman Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Snow Stalnaker Story Sweat Tabb Thomason Tidwell Tucker, Ray M. Underwood
Vaughan, D. N.
Watkins
Watson
Wells
White
Williams, G. J.
Wilson
Woodward
Those voting in the negative were Messrs.:
Harris, J. R. Jones, M. Luke Pickard Poss
Richardson Shea Simkins Spikes Steis
Tucker, J. B. Ware Wiggins
1868
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Blair Bowen, R. L. Branch Brooks, Wilson Brown, Gene Collins, J. F. Conger Conner Crowe Dollar Etheridge Farrar Floyd Flynt Hale Hall Harrell Harris, R. W.
Herndon Houston Hull Jones, C. M. Jones, F. C. Jordan, W. H. Lambert Lane Lee, F. S. Leonard Marshall Matthews, D. R. McClelland McCracken Melton Merritt Moate Oglesby Phillips, G. S.
Rodgers, H. B. Ross Rush Sewell Simmons Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spillers Strickland Thomas Vaughn, C. R. Walker Williams, W. M. Wright Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bagby of Paulding moved that HB 560 be immediately transmitted to the Senate.
The motion prevailed and HB 560 was ordered immediately transmitted to the Senate.
Mr. Smith of Whitfield stated that would like to be recorded as voting "Nay".
HR 225-612. By Mr. Conner of Jeff Davis: A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", and for other purposes.
Mr. Conner of Jeff Davis asked unanimous consent that further consideration of HR 225-612 be postponed until Tuesday, March 9, 1965.
The consent was granted and HR 225-612 was postponed until March 9, 1965.
MONDAY, MARCH 8, 1965
1869
Mr. Harris of DeKalb asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Ways and Means and recommitted to the Committee on Judiciary:
SB 156. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of non-residents, and for other purposes.
The consent was granted and SB 156 was recommitted to the Committee on Judiciary.
Mr. Bolton of Spalding moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow.
1870
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, March 9, 1965
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. E. C. McDaniel, Pastor, 1st Baptist Church, Thomaston, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bill of the House was read the first time and referred to the Committee:
HB 704. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend Code Sections 101-205, 101-206, 101-207, relating to the distribution of laws, journals and reports of the
TUESDAY, MARCH 9, 1965
1871
Supreme Court and Court of Appeals, so as to provide for additional distribution of the laws, journals and reports; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 685. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to provide that the grand jury in selecting the members of the board of education of Quitman County may select two or more members from the same militia district within Quitman County; and for other purposes.
HB 686. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax year; and for other purposes.
HB 687. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act establishing the City Court of Gwinnett County and defining its jurisdiction and powers, so as to change the name of said court; and for other purposes.
HB 688. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act providing compensation for the Treasurer of Lee County in lieu of commissions allowed by law, so as to change the compensation of the Treasurer; and for other purposes.
HB 689. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Lee County known as the fee system supplemented by a salary; and for other purposes.
HB 690. By Mr. Jordan of Calhoun:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Calhoun County, known as the fee system; and for other purposes.
1872
JOURNAL OF THE HOUSE,
HB 691. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to provide for an additional commissioner; and for other purposes.
HB 692. By Messrs. Snow and Abney of Walker: A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to provide for a solicitor for said court; and for other purposes.
HB 693. By Mr. Perry of Marion: A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Marion County, known as the fee system; and for other purposes.
HB 694. By Messrs. Dollar and Conger of Decatur: A Bill to be entitled an Act creating a Small Claims Court in Decatur County; and for other purposes.
HB 695. By Mr. Tucker of Catoosa: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Ringgold in the County of Catoosa, so as to authorize the City of Ringgold to extend the water works and sewer age systems without the limits of the said City; and for other purposes.
HB 696. By Messrs. Simkins, Luke and Hull of Richmond: A Bill to be entitled an Act to amend an Act authorizing certain counties in this State to establish and maintain law libraries for the use of judges, solicitors and other officers of the courts of said counties, so as to change the population specifications of counties where it is applicable; and for other purposes.
HR 257-696. By Mr. Lowrey of Floyd: A Resolution creating a committee to study the taxation of rural lands; and for other purposes.
HB 697. By Messrs. Williams of Hall, Clarke of Monroe, Blalock of Coweta, Lovett of Laurens, Lowrey of Floyd, Smith of Whitfield, Pope of Cherokee and others: A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to remove the provisions providing creditable service for certain members; and for other purposes.
TUESDAY, MARCH 9, 1965
1873
HB 698. By Messrs. Wilson of Brantley, Houston of Pierce, Poss of Madison:
A Bill to be entitled an Act to establish a minimum wage for all em ployees of the State Highway Department; to provide for additional compensation for all hours worked in excess of forty hours per week; and for other purposes.
HB 699. By Messrs. Bedgood and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act limiting the assessment and collection of taxes by municipal authorities, so as to provide that the City of Athens may levy and collect a tax not in excess of 9.8 mills without conducting a referendum election; and for other purposes.
HB 700. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes.
HB 701. By Mr. Spillers of Newton:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxation approved December 16, 1937-38 Ex. Sess., so as to redefine "homestead" to include a home owned and occupied by an applicant for homestead exemption but which is located on property not owned by the applicant; and for other purposes.
HB 702. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, so as to change and enlarge the corporate limits of said City; and for other purposes.
HB 703. By Messrs. Bynum of Rabun, Irwin of Habersham, Moore of Stephens, Acree of Towns and Colwell of Union:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases, so as to increase the compensation of the court reporters; and for other purposes.
HR 258-703. By Mr. Tidwell of Crawford:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of
1874
JOURNAL OF THE HOUSE,
Crawford County by the Crawford County board of education; and for other purposes.
SB 61. By Senator Johnson of the 38th:
A Bill to be entitled an Act to amend Code Section 92-6307, requiring that names of colored and white taxpayers be made out separately on the tax digest; and for other purposes.
SB 96. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 53-102, defining what persons shall be able to contract marriage, so as to remove the disability "impotency", that will render a person unable to contract marriage; and for other purposes.
SB 135. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital; and for other purposes.
SB 136. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Chapter 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of psychiatric hospital as being restored to mental health; and for other purposes.
SB 154. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the provisions relative to registration and voting; and for other purposes.
SB 150. By Senators Hall of the 52nd and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health; and for other purposes.
SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
TUESDAY, MARCH 9, 1965
1875
SB 165. By Senator Tribble of the 3rd:
A Bill to be entitled an Act to amend the charter of the Town of Pooler and other Acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of said Town; and for other purposes.
SB 168. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce in the County of Jackson, so as to provide that the marshal or chief of police, night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes.
SB 169. By Senator Tribble of the 3rd:
A Bill to be entitled an Act to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes.
SB 173. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to enlarge the present city boundaries and corporate limits by the annexation of certain de scribed property adjacent to the present city limits; and for other purposes.
SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend Code Section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, as amended; and for other purposes.
SB 184. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the Teachers' Retirement System of Georgia, so as to further define earnable com pensation; and for other purposes.
SB 188. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, ordinary, and sheriff of Floyd County, on an annual salary in lieu of the fee system of compensation; and for other purposes.
1876
JOURNAL OF THE HOUSE,
SB 189. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Ployd County and creating in lieu thereof the office of tax commissioner of Floyd County, so as to change the compensation of the tax commissioner; and for other purposes.
SR 37. By Senators Broun of the 46th, Gayner of the 5th, Smith of the 18th and others:
A Resolution proposing an amendment to the Constitution so as to provide for four year terms for State Senators; and for other purposes.
SR 40. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings and other personal equipment from all ad valorem taxation for State, county, municipal and school purposes; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and, pursuant to the Rules of the House, fixed the Calendar for Tuesday morning, March 9, 1965, and submits the following:
HB 103. Income tax, exemptions.
HB 341. Alcoholic beverages, offenses.
HB 509. Liability of insurer.
HB 510. Liability of insurer.
HB 512. License tag, veterans.
HB 524. Vaccine Permit.
HB 526. Property taxation.
HB 580. Election, members of House.
HR 225-612. Insurance Study Committee. Senate
SB
38. Administrative Procedure Act, amend.
SB
93. Co. Comm., Baldwin County.
SR
14. Amend Constitution of United States.
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding, Vice-Chairman
TUESDAY, MARCH 9, 1965
1877
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 151. Do Pass.
SB 131. Do Pass.
Respectfully submitted, Newton of Colquitt, Chairman.
Mr. Conger of Decatur County Chairman of the Committee on Banks & 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 616. Do Not Pass. SB 125. Do Pass.
Respectfully submitted, Conger of Decatur, Chairman.
Mr. Jordan of Calhoun County Chairman of the Committee on Game and Fish submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish 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 700. Do Pass.
Respectfully submitted, Jordan of Calhoun Chairman.
1878
JOURNAL OF THE HOUSE,
Mr. Harris of DeKalb County Vice-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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 159. Do Pass. SB 127. Do Pass. SB 156. Do Pass. SB 135. Do Pass. SB 136. Do Pass as Amended. SB 150. Do Pass by Substitute. SB 75. Do Pass.
Respectfully submitted, Harris of DeKalb Vice-Chairman.
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 164. Do Pass. Respectfully submitted, Tucker of Catoosa Chairman.
Mr. Tucker of Catoosa County Chairman of the Committee on Local Affairs submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 681. Do Pass. Respectfully submitted, Tucker of Catoosa Chairman.
TUESDAY, MARCH 9, 1965
1879
Mr. Bolton of Spalding County Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 256. Do Pass.
Respectfully submitted,
Bolton of Spalding Vice-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 Resolu tions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 64. Do Pass. SR 67. Do Pass.
Respectfully submitted, Bolton of Spalding Vice-Chairman.
Mr. Barber of Jackson County Chairman of the Committee on Welfare submitted the following report:
Mr. Speaker:
Your Committee on Welfare has had under consideration the following Bill and Resolution of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 60. Do Pass as Amended. SR 49. Do Pass.
Respectfully submitted, Barber of Jackson Chairman.
1880
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 and Resolutions of the House and Senate to wit:
HB 192. By Mr. Jones of Muscogee:
A Bill to amend an Act providing for the establishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers markets upon which the lessee agrees to construct capital improvements; and for other purposes.
HR 243. By Messrs. Matthews of Clarke and Mr. Bedgood of Clarke:
A Resolution congratulating and commending Coach Harbin "Red" Lawson; and for other purposes.
HR 248. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Resolution commending Fulton County-City of Atlanta Court Study Commission.
The Senate agrees to the House amendment to the Senate amendment to the following Bill of the House:
HB 6. By Messrs. Snow of Walker, Clarke of Monroe and others: A Bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes.
The Senate has adopted the following Resolutions of the Senate to wit:
SR 92. By Senators Kidd of the 25th and Gillis of the 20th: A Resolution protesting the establishment of the Oconee Wildlife Refuge by the Federal Government; and for other purposes.
SR 93. By Senator Pennington of the 45th: A Resolution expressing appreciation to the Georgia Poultry Federation and Georgia Poultry Improvement Association, the Georgia Egg Com mission, and the 4-H Clubs of Georgia; and for other purposes.
TUESDAY, MARCH 9, 1965
1881
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 and Senate to wit:
SB 181. By Senators Wesberry of the 37th, Maclntyre of the 40th and others:
A Bill to amend Code Section 92-5001, relating to interests on taxes due the State and County, so as to provide that in certain counties the minimum interest payment shall be one dollar; to repeal conflicting laws; and for other purposes.
SB 191. By Senator Minish of the 48th:
A Bill to provide that the Mayor of the City of Commerce shall make appointments to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the member ship on such Board from the City of Commerce; and for other purposes.
SB 192. By Senator Minish of the 48th:
A Bill to provide that the governing authority of Jackson County shall make appointments to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the member ship on such Board from Jackson County; and for other purposes.
SB 193. By Senator Minish of the 48th:
A Bill to provide that the governing authority of Banks County shall make appointments to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the member ship on such Board from Banks County; and for other purposes.
SB 194. By Senators Coggin of the 35th, Thompson of the 34th and others:
A Bill to amend the Act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees, approved Feb. 3, 1952 (Ga. Laws 1952, p. 2012), as amended; and for other purposes.
SB 200. By Senator Hall of the 52nd:
A Bill to abolish the office of treasurer of Floyd County; to provide for the transfer of the duties of said office to the governing authority
1882
JOURNAL OF THE HOUSE,
of Floyd County; to provide the procedure connected therewith; and for other purposes.
SB 201. By Senators Thompson of the 34th, Maclntyre of the 40th and others:
A Bill to create a new charter for the City of Fairburn, so as to extend the city limits of the City of Fairburn; to provide for the severability of any provisions of this Act; to repeal conflicting laws; and for other purposes.
SB 205. By Senator Thompson of the 34th:
A Bill to amend the Charter of the City of East Point; and for other purposes.
SB 212. By Senator Hall of the 52nd:
A Bill to amend an Act creating the City Court of Floyd County, approved March 7, 1955 (Ga. L. 1955, p. 3109), as amended, so as to change the compensation of the judge; and for other purposes.
SB 213. By Senator Hall of the 52nd:
A Bill to amend an Act fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County, Georgia, approved August 18, 1931 (Ga. L. 1931, p. 467), as amended; and for other purposes.
SB 215. By Senators Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 251. By Mr. Dailey of Randolph:
A Bill to abolish the present mode of compensating the Sheriff of Randolph County, known as the fee system; and for other purposes.
TUESDAY, MARCH 9, 1965
1883
HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to amend an Act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes.
HB 505. By Messrs. Sweat and Dixon of Ware:
A Bill to amend an Act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, and Clerk of the Superior Court, the Ordinary, the Tax Collector, and Tax Receiver of Ware County on a salary system, so as to change the provisions relative to the employment of personnel; and for other purposes.
HB 538. By Mr. Herndon of Appling: A Bill to amend an Act creating a board of commissioners of roads and revenues for Appling County, so as to provide for an annual audit; and for other purposes.
HB 608. By Mr. Herndon of Appling: A Bill to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system, so as to change the compensation of the secretary of the sheriff of Appling County; and for other purposes.
HB 643. By Messrs. Peterson and Stalnaker of Houston: A Bill to create in and for the County of Houston the City Court of Warner Robins; 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 362. By Mr. Lee of Pike: A Bill to abolish the present mode of compensating the sheriff of Pike County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
1884
JOURNAL OP THE HOUSE,
HB 426. By Mr. Floyd of Chattooga:
A Bill to amend an Act amending the charter of the City of Summerville, so as to close the unopened portion of Second Street between Wood Street and Henderson Street located in the Maxey Subdivision within the coroprate limits of the City of Summerville; and for other purposes.
HB 427. By Mr. Floyd of Chattooga:
A Bill to amend an Act consolidating the laws chartering the City of Summerville and granting a new charter therefor, so as to change the provisions relating to the giving of notice of proposed ordinances; and for other purposes.
HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to amend Code Sec. 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, the return made the previous year shall be used; and for other purposes.
HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to amend Code Sec. 92-6402 of the Code of Georgia providing for the payment of taxes to the county, so as to provide that a penalty of 10% of the tax due shall accrue on taxes not paid before delinquent; and for other purposes.
HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to amend Code Sec. 92-6913, so as to provide that in certain counties where the owner fails to return property for taxation there shall be assessed certain penalties; and for other purposes.
HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to amend Code Sec. 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes.
HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb: A Bill to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes.
TUESDAY, MARCH 9, 1965
1885
HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to amend an Act incorporating the City of Powder Springs, so as to change the corporate limits; to change the method of filling vacancies in the office of councilmen; and for other purposes.
HB 502. By Messrs. Alien and Branch of Tift:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Tift County, so as to change the compensation of the chairman of the board; and for other purposes.
HB 503. By Messrs. Alien and Branch of Tift:
A Bill to amend an Act creating a board of commissioners of roads and revenues of Tift County, so as to change the date when the commis sioners shall begin their terms of office; and for other purposes.
HB 570. By Messrs. Alien and Branch of Tift:
A Bill to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system; and for other purposes.
HB 571. By Messrs. Alien and Branch of Tift:
A Bill to abolish the present mode of compensating the tax commissioner of Tift County, known as the fee system; and for other purposes.
HB 572. By Messrs. Alien and Branch of Tift:
A Bill to place the Sheriff of Tift County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 573. By Messrs. Alien and Branch of Tift:
A Bill to abolish the present mode of compensating the ordinary of Tift County, known as the fee system; and for other purposes.
HB 587. By Mrs. Merritt of Sumter, and Mr. Blair of Sumter:
A Bill to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes.
1886
JOURNAL OF THE HOUSE,
HB 590. By Mr. Poss of Madison:
A Bill to create a board of commissioners of roads and revenues of Madison County so as to provide for the composition of the board; and for other purposes.
HB 591. By Mr. Poss of Madison: A Bill to abolish the present mode of compensating the clerk of the Superior Court, the Ordinary, the tax commissioner, and the coroner of Madison County, known as the fee system; and for other purposes.
HB 592. By Mr. Poss of Madison: A Bill to abolish the present mode of compensating the Sheriff of Madison County, known as the fee system; and for other purposes.
HB 597. By Murphy of Haralson: A Bill to amend an Act fixing the salary of the treasurer of Haralson County, so as to increase the compensation of the treasurer; and for other purposes.
HB 606. By Mr. Lewis of Wilkinson: A Bill to abolish the present method of compensating the sheriff of Wilkinson County, known as the fee system; and for other purposes.
HB 607. By Mr. Lewis of Wilkinson: A Bill to abolish the present method of compensating the ordinary of Wilkinson County, known as the fee system; and for other purposes.
HB 609. By Messrs. Moore and Dean of Polk: A Bill to amend an Act creating a new charter for the City of Cedartown, so as to change the tax millage rate; and for other purposes.
HB 610. By Mr. Conner of Jeff Davis: A Bill to amend an Act creating a new charter for the City of Hazelhurst, so as to provide for the taxation of life insurance companies doing business within the corporate limits of said City; and for other purposes.
TUESDAY, MARCH 9, 1965
1887
HB 611. By Mr. Conner of Jeff Davis:
A Bill to amend an Act creating a new charter for the City of Hazelhurst, so as to authorize the use of voting machines in all municipal elections; and for other purposes.
HB 612. By Mr. Conner of Jeff Davis:
A Bill to amend an Act creating a new charter for the City of Hazelhurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within the corporate limits of said City; and for other purposes.
HB 613. By Mr. Smith of Emanuel:
A Bill to implement the constitutional amendment creating the "Emanuel County Development Authority", which amendment may be found in Ga. Laws 1962, p. 758; and for other purposes.
HB 621. By Mr. Roper of Greene: A Bill to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes.
HB 622. By Mr. Roper of Greene: A Bill to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
HB 630. By Mr. Bagby of Paulding: A Bill to amend an Act placing the Clerk of the Superior Court, the Sheriff, Ordinary and the Coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes.
HB 631. By Mr. Smith of Grady: A Bill to abolish the present mode of compensating the sheriff of Grady County, known as the fee system; and for other purposes.
HB 632. By Mr. Smith of Grady: A Bill to amend an Act to create a board of commissioners of roads and revenues for the County of Grady, so as to define the manner of fixing the salary of the Chairman of said board; and for other purposes.
1888
JOURNAL OP THE HOUSE,
HB 636. By Messrs. Lowrey and Minge of Floyd:
A Bill to amend an Act repealing an Act entitled "An Act to provide uniformity in the compensation of boards of commissioners of roads and revenues in Ployd County," so as to change the percentage of the contract price which the board shall be authorized to pay to a contractor before completion of the contract; 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 23. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, so as to increase the number of members of the Board of Cosmetology; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 67. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act providing permanent alimony to be revised upon petition by wife or husband alleging change in husband's income, so as to provide judgment may also be revised upon change in wife's income; and for other purposes.
Referred to the Committee on Judiciary.
SB 109. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act establishing the State Employee's Retirement System, so as to provide for membership for any person becoming a judge of the superior court or a solicitor general after April 1, 1965; and for other purposes.
Referred to the Committee on Judiciary.
SB 183. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 9, 1965
1889
SB 195. By Senators Gillis of the 20th, Webb of the llth and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating the Claims Advisory Board, so as to provide that it shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State official or employee to receive any fee, money, gift, or any other thing of value in connection with any claim; and for other purposes.
Eeferred to the Committee on Judiciary.
SR 74. By Senator Gayner of the 5th:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Glynn County to be used as a site for construction of an armory for the Georgia Air National Guard, with 100% Federal funds; and for other purposes.
Referred to the Committee on State Institutions and Property.
SR 75. By Senator Spinks of the 9th:
A Resolution proposing an amendment to the Constitution so as to authorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; and for other purposes.
Referred to the Committee on Local Affairs.
SB 181. By Senators Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Section 92-5001, relating to interests on taxes due the State and County, so as to provide that in certain counties the minimum interest payment shall be $1.00; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 191. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the Mayor of the City of Commerce shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from the City of Commerce; and for other purposes.
Referred to the Committee on Local Affairs.
1890
JOURNAL OP THE HOUSE,
SB 192. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the governing authority of Jackson County shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from Jackson County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 193. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the governing authority of Banks County shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from Banks County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 194. By Senators Coggin of the 35th, Thompson of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees; and for other purposes.
Referred to the Committee on Local Affairs.
SB 200. By Senator Hall of the 52nd:
A Bill to be entitled an Act to abolish the office of treasurer of Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 201. By Senators Thompson of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to be entitled an Act creating a new charter for the City of Fairburn, so as to extend the city limits of the City; and for other purposes.
Referred to the Committee on Local Affairs.
SB 205. By Senator Thompson of the 34th:
A Bill to be entitled an Act to amend the Charter of the City of East Point relating to City Clerk and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 9, 1965
1891
SB 212. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating the city court of Ployd County, so as to change the compensation of the judge; and for other purposes.
Referred to the Committee on Local Affairs.
SB 213. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County, so as to change the compensation of the chairman, vice-chairman and other members of the Board; and for other purposes.
Referred to the Committee on Local Affairs.
SB 215. By Senators Maclntyre of the 40th, Johnson of the 38th, Thompson of the 34th and Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the 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 and Senate were taken up for consideration and read the third time:
HB 212. By Mr. Bowen of Dooly:
A Bill to be entitled an Act to amend an Act found in Georgia Laws, so as to alter the corporate limits of city of Unadilla by excluding therefrom rectangular area containing one-half square mile comprising the east one-half of the area included by Section 1 of an Act found in Georgia Laws 1964, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1892
JOURNAL OF THE HOUSE,
HB 661. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff and the Clerk of the 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 662. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty into the office of tax commissioner, so as to change the compensation of the tax commissioner, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Mr. Looper of Dawson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Dawson County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 9, 1965
1893
HB 667. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council of said City to fix a reasonable entrance fee for all candidates for the office of mayor and council 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 668. By Messrs. Story and Watson of Gwinnett: A Bill to be entitled an Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the com pensation of the Ordinary of Gwinnett County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 669. By Messrs. Story and Watson of Gwinnett: A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter and municipal government for the City of Buford", so as to change the compensation of the city manager, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1894
JOURNAL OF THE HOUSE,
HB 670. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide that the ordinaries in certain counties shall be custodians of the vital statistic records, to provide compensation for such 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 671. By Messrs. Abney and Snow of Walker: A Bill to be entitled an Act to abolish the present method of com pensating the sheriff of Walker County, known as the fee system, to provide in lieu thereof an annual salary 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 679. By Mr. Wilson of Brantley: A Bill to be entitled an Act to change the terms of the superior court of Brantley County, to provide 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 9, 1965
1895
HB 680. 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 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Messrs. Harris, Farrar and Bowen of DeKalb:
A Bill to be entitled an Act to authorize the DeKalb County Board of Education to employ a firm of auditors to audit the books and affairs of the DeKalb County Schools System, and for other purposes.
The following Committee amendment was read and adopted:
Local Affairs Committee moves to amend HB 658 by adding a new paragraph at the end of Section 4 thereof as follows:
All audits of such public school systems shall be conducted in con formity with generally accepted standards and principles of govern mental accounting and auditing and shall be subject to the standards, rules and ethics promulgated by the Georgia Society of Certified Public Accounts and the American Institute of Certified Public Accounts. The audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the results of the operations of the public school system which is audited. If the auditor is unable to express an unqualified opinion, he shall so state and shall further detail the reasons for qualification or disclaimer of opinion including recom mendations necessary to make possible future unqualified opinions.
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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
1896
JOURNAL OP THE HOUSE,
HB 665. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. Laws 1902, p. 525), as amended, so as to extend the corporate limits thereof; 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 Ocilla, approved December 18, 1902 (Ga. Laws 1902, p. 525), as amended, is hereby amended by adding between Sections 2 and 3 a new Section to be known as Section 2A and to read as follows:
"Section 2A. In addition to the present corporate limits from and after the passage of this Act the corporate limits of the City of Ocilla shall embrace all that tract or parcel of land embraced within the right-of-way of U.S. Highway Number 129 extending from the intersection of Pine Street and Irwin Avenue and being more particularly described as BEGINNING at a point on the West side of U. S. Highway Number 129 at the point of intersection where the North City limits line of the City of Ocilla intersects the West right-of-way line of U.S. Highway No. 129 and from thence in a northernly direction 6 feet along the West right-of-way line of U. S. Highway Number 129 to a point; thence in an easterly direction 10 feet along said right-of-way line to a point; thence in a northernly direction 295 feet along said West right-of-way line to a point; thence in a westernly direction 10 feet along said rightof-way line to a point; thence in a northernly direction 932 feet along said West right-of-way line to a point; thence in an easternly direction 10 feet along said right-of-way line to a point; thence in a northernly direction 82 feet along the West right-of-way line to a point; thence in a westerly direction 10 feet along said right-of-way line to a point; thence 6507 feet in a northernly direction along said west right-of-way to a point where the North Land Lot Line of Land Lot Number 308 in the 4th Land District of Irwin County, Georgia, intersects the said West right-of-way line of said U. S. Highway Number 129; thence in a westernly direction 10 feet along said land lot line and said West right-of-way to a point; thence in a northernly direction 519 feet along said West right-of-way line to a point; thence in an easterly direction 100 feet to a point on the eastern right-of-way line of said U. S. Highway Number 129 519 feet North of the North land lot line of Land Lot Number 308
TUESDAY, MARCH 9, 1965
1897
in the 4th Land District of Irwin County, Georgia; thence in a southernly direction 519 feet along the East right-of-way line of U. S. Highway Number 129 to a point on the North land lot line of Land Lot Number 308 in the 4th Land District of Irwin County, Geor gia; thence in a westernly direction 10 feet along the said North land lot line of Land Lot Number 308 and the East right-of-way line of U. S. Highway Number 129 to a point; tence in a southernly direction 5918 feet along the East right-of-way line of U. S. High way Number 129 to a point; thence in a westernly direction 10 feet along the said East right-of-way to a point; thence in a southernly direction 658 feet along the East right-of-way line of U. S. Highway Number 129 to a point; thence in an easternly direction 10 feet along said right-of-way to a point; thence in a southernly direction 1040 feet along the East right-of-way of said U. S. Highway Number 129 to a point where the said East rightof-way line of said U. S. Highway Number 129 intersects the North City limits line of the City of Ocilla, Irwin County, Georgia; thence in a westernly direction 80 feet along the said North city limits line of the City of Ocilla, Irwin County, Georgia, to a point of beginning. Said above described lands being and lying in Land Lots Number 5 in the 5th Land District and Land Lots Numbers 307 and 308 in the 4th Land District of Irwin County. Georgia. All according to a plat of survey dated March 2, 1965, made by S. Y. A. Ball, Georgia Registered Land Surveyor, which is recorded in the office of the City Clerk of Ocilla, Georgia, and also a copy filed of record in the office of the Clerk of the Superior Court, Irwin County, Georgia."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority was passed, by substitute.
HB 681. By Messrs. Busbee, Odom and Hutchinson of Dougherty: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Albany, so as to change the corporate limits of said city, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1898
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 29. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta, so as to change the provisions relative to salaries of the chief 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 31. By Senators Salome of the 36th, Coggin of the 35th and others:
A Bill to be entitled an Act to amend an Act providing that in Pulton County, the Ordinary, etc., may appoint a Chief Deputy, so as to change the provisions of said Act relative to the salaries of the Chief Deputies 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 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 60. By Senators Thompson of the 34th, 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 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 9, 1965
1899
SB 64. By Senators Maclntyre of the 40th, 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 Roswell, 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 111. By Senator Padgett of the 23rd:
A Bill to be entitled an Act to amend an Act, entitled "An Act to change from the fee to the salary system in certain counties in Ga.", so as to increase the compensation of treasurer 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 120. By Senators Johnson of the 38th, Maclntyre of the 40th, 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1900
JOURNAL OF THE HOUSE,
SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th and others:
A Bill to be entitled an Act to amend the Act, providing that cities hav ing a certain population, shall furnish pensions to officers and employees, so as to provide additional pension benefits, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 80. By Senators Coggin of the 39th, Thompson of the 34th and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, and for other purposes.
The following Committee substitute was read and adopted:
AN ACT
An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) and the several Acts amendatory thereof, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act set forth in the caption to this Act be and the same is hereby further amended as follows:
Section 1. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area:
All that tract or parcel of land lying and being in Land Lots 34 and 35 and 62 and 63, of the 13th District of Fulton County, which lies north of the north right-of-way of the Atlanta & West Point Railroad and east of the west right-of-way of the western Perimeter Road.
Section 2. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area:
TUESDAY, MARCH 9, 1965
1901
All that tract or parcel of land lying and being in Land Lot 36 of the 13th District of Pulton County, Georgia, which lies south of the present College Park City Limits.
Section 3. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area:
All that tract or parcel of land lying and being in Land Lots 60 and 69 of the 13th District of Fulton County which lies south of the present College Park City limits and north of a line parallel to and two hundred feet south of the north Land Lot Line of Land Lot 69.
Section 4. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the follow ing described area:
All that tract or parcel of land lying and being in Land Lots 61 and 68 of the 13th District of Fulton County, which lies south of the present College Park City Limits and north of a line parallel to and two hundred feet south of the north Land Lot Line of Land Lot 68.
Section 5. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area:
All that tract or parcel of land lying and being in Land Lots 57 and 58 of the 13th District of Clayton County, Georgia, lying north of the north right-of-way of Interstate Highway No. 1-285 and which has not heretofore been annexed to and made a part of the incorporated limits of the city of College Park, Georgia.
Section 6. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area:
All that tract or parcel of land lying and being in Land Lot 39 of the 13th District of Clayton County, Georgia, and being more partic ularly described as that portion of said Land Lot and District which, prior to the approval of this Act has not been annexed to and made
1902
JOURNAL OF THE HOUSE,
a part of the incorporated city limits of the City of College Park, Georgia.
Section 7. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 251 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and the inhabitants of the following described area.
All that tract or parcel of land lying and being in Land Lot 40 of the 13th District of Clayton County, Georgia.
Section 8. Not less than thirty days nor more than twelve months after the date of the approval of this Act by the Governor, or it other wise becomes law, it shall be the duty of the Mayor and Council of the City of College Park to issue the call for separate special elections for the purpose of submitting the foregoing Sections 1, 2, 3, 4, 5, 6 and 7 of this Act for approval or rejection by the electors residing in the respective geographical areas described in said Sections 1, 2, 3, 4, 5, 6 and 7 of this Act. The Mayor and Council shall set the date for such elections for a day not less than thirty days nor more than ninety days after the date of the issuance of the call. The Mayor and Council shall cause the date and the purpose of each of the elections to be pub lished once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park.
Section 9. All persons who are eligible, and who desire to vote in favor of Section 1 of this Act shall vote for approval, and those persons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said elec tion was held. If a majority of the votes cast on such question are against approval of said Section of the Act, said Section shall be void and of no force and effect.
Section 10. All persons who are eligible and who desire to vote in favor of Section 2 of this Act shall vote for approval, and those persons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said election was held. If a majority of the votes cast on such question are against approval of said Section of the Act, said Section shall be void and of no force and effect.
Section 11. All persons who are eligible, and who desire to vote in favor of Section 3 of this Act shall vote for approval, and those persons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said
TUESDAY, MARCH 9, 1965
1903
election was held. If a majority of the votes cast on such question are against approval of said Section of the Act, said Section shall be void and of no force and effect.
Section 12. All persons who are eligible and who desire to vote in favor of Section 4 of this Act shall vote for approval, and those persons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for ap proval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said election was held. If a majority of the votes cast on such question are against ap proval of said Section of the Act, said Section shall be void and of no force and effect.
Section 13. All persons who are eligible, and who desire to vote in favor of Section 5 of this Act shall vote for approval, and those per sons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said elec tion was held. If a majority of the votes cast on such question are against approval of said Section of the Act, said Section shall be void and of no force and effect.
Section 14. All persons who are eligible, and who desire to vote in favor of Section 6 of this Act shall vote for approval, and those per sons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said elec tion was held. If a majority of the votes cast on such question are against approval of said Section of the act, said Section shall be void and of no force and effect.
Section 15. All persons who are eligible, and who desire to vote in favor of Section 7 of this Act shall vote for approval, and those persons desiring to vote for rejection of said Section of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said Section of the Act it shall become of full force and effect as of 12:01 a.m. of the day following the day on which said election was held. If a majority of the votes cast on such question are against approval of said Section of the Act, said Section shall be void and of no force and effect.
Section 16. The ballots for the elections to be held as provided hereinabove shall be so printed as to plainly indicate the respective geographical area proposed to be annexed to the City, by Land Lot and District, and shall permit the voter to either vote for approval of extending the corporate limits of said City to include the respective geographical areas mentioned in the respective Sections of this Act, or to vote against the approval of extending the corporate limits of said City to include the respective geographical areas mentioned in the
Sections of this Act.
1904
JOURNAL OF THE HOUSE,
Section 17. It shall be the duty of the Mayor and Council to hold and conduct each of said elections in such manner as will enable those persons in the respective areas mentioned in this Act to vote who have owned property within the respective areas proposed to be annexed for a period of six months next preceding the date set for such election, and who are otherwise qualified to vote for members of the General As sembly of the County wherein the land lies which is proposed to be annexed. It shall be the duty of the Mayor and Council to prepare a separate list of qualified voters from each of the territories proposed to be annexed, and to permit only those named on such lists to vote in said elections.
Section 18. It shall not be necessary that all the elections pro vided for in this Act be held upon the same day. The expense of all such elections shall be borne by the City of College Park. It shall be the duty of the Mayor and Council to hold and conduct such elections under the same laws and rules as govern general elections in said city, except as otherwise provided herein. It shall be the duty of the Mayor and Council to canvass the returns and declare the results thereof to the Secretary of State.
Section 19. The following territory is hereby excluded from the city limits of the City of College Park:
All that tract or parcel of land lying and being in Land Lot 193 of the 14th District of Fulton County, Georgia, being more particularly described as follows:
BEGINNING at the northwest corner of Land Lot 193; running thence east along the north line of said Land Lot 193, 951 feet to a point; thence southeasterly 300 feet to a point; thence northwesterly 154 feet; thence south 41 degrees east 200 feet to a point; thence south 12 degrees east 200 feet to a point; thence south 7 degrees west 158 feet to a point; thence southeasterly 371 feet to a point; thence south westerly 425 feet to a point; thence south 9 degrees 17 minutes west 252 feet to an iron pin in the center of Camp Creek; thence south 80 degrees 43 minutes west along the center of Camp Creek 157.3 feet to an iron pin; thence south 56 degrees 20 minutes west along the center of Camp Creek 100 feet to an iron pin; thence south 65 degrees 51 minutes west along the center of Camp Creek 132.7 feet to an iron pin; thence south westerly along the center of Camp Creek and following the curvature thereof 275 feet, more or less, to a point where the center of Camp Creek intersects the west line of Land Lot 193; thence north along the west line of Land Lot 193, 1715 feet, more or less, to the northwest corner of said Land Lot and the point of beginning.
Section 20. The following land is hereby annexed to and incor porated in the city limits of the City of College Park, Georgia.
All that tract or parcel of land lying and being in Land Lot 224 of the 14th District of Fulton County, Georgia, being more particularly described as follows:
TUESDAY, MARCH 9, 1965
1905
BEGINNING at the point on the east Land Lot line of said Land Lot 224 where said Land Lot line is intersected by the south right-of-way line of Camp Creek Parkway; thence westerly along the south right-ofway line of said Camp Creek Parkway to the point where said south right-of-way line of Camp Creek Parkway intersects the east Land Lot line of said Land Lot 224; thence south along the east line of said Land Lot 224 to the south Land Lot line of said Land Lot; thence east along said Land Lot line to the southeast corner of said Land Lot; thence north along the east Land Lot line of said Land Lot to the beginning point, being that portion of said Land Lot 224 lying south of the south right-of-way line of Camp Creek Parkway.
Section 21. 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 103. By Senators Wesberry of the 37th, 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 Atlanta, relating to public water supply, and for other purposes.
The following Committee substitute was read and adopted:
AN ACT
An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which sheriffs' advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of 60 days immediately preceding its introduction into the General As sembly. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has
1906
JOURNAL OF THE HOUSE,
been published as provided by law, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.
Section 2. The City of Atlanta shall have the authority to fluori date its public water supply system; to hold referendums in connection therewith and to expend monies for all such purposes.
Section 3. All laws and parts of laws in conflict herewith are here by repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HE 223-600. By Mr. Rhodes of Baker:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Baker County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by add ing at the end thereof the following:
"A. There is hereby created a body corporate and politic in Baker County, to be known as the Baker County Industrial De velopment Authority, which shall be an instrumentality of Baker County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
TUESDAY, MARCH 9, 1965
1907
"B. The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Roads and Revenues of Baker County and they shall serve for a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall con stitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Baker County.
"D. The powers of the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;
"(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;
"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Baker County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Baker County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, ma chinery and equipment. Such acquisition may be through the acquisi tion of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time
1908
JOURNAL OF THE HOUSE,
or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Baker 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 Au thority 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 herein contained shall be construed to create a right to compel any exercise of the taxing power of Baker County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Baker 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
TUESDAY, MARCH 9, 1965
1909
time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will increase employment in Baker County.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Baker 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 Baker County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with re ference 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 Baker 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."
1910
JOURNAL OF THE HOUSE,
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"Yes ( ) Shall the Constitution be amended so as to create No ( ) the Baker County Industrial Development Author
ity?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HR 223-600 by adding to Paragraph "C" the following language:
"The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include ex emptions from sale and use taxes on property purchased by the Authority or for use by the Authority."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien
Anderson Arnsdorff Ballard
Barber Beck Bedgood
Black Blair Blalock Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt
Gary
Grahl
Griffin
Griffis
Harrell
Harrington
Harris, J. F.
Henderson
Herndon
Houston
Howell
Hudgins
Hull
TUESDAY, MARCH 9, 1965
Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P.
Newton, A. S.
Newton, D. L.
Odom
Ogleshy
Otwell
Overby
Pafford
Paris
Parker
Perry
Peterson
Phillips, G. S.
Phillips, L. L.
1911
Pickard Poss Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomason Tidwell Tucker, J. B Tucker, Ray M. Underwood Vaughan, D. N.
Walker
Ware
Watkins
Watson
Wells
White
Wiggins
Williams, G. J.
Wilson
Woodward
Wright
1912
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Bagby Balkcom Bolton Bowen, R. L. Brown, Gene Brown, M. P. Coker, G., Dr. Dailey Dunwody Etheridge Farrar Fulford Hale Hall
Harris, J. R. Harris, R. W. Holder Irvin Jessup Jones, C. M. Jones, G. Paul Jordan, W. H. Lambert Lane Leonard McClelland Melton Mixon
Moore, Don C. Page Pope Potts Rodgers, H. B. Rush Smith, V. T. Snow Story Thomas Vaughn, C. R. Williams, W. M. Mr. Speaker
On the adoption of the resolution, as amended, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional two-thirds majority, was adopted, as amended.
HR 235-652. By Mr. DeLoach of Echols:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of members of the Echols County Board of Education on a district basis; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The amendment to Article VII, Section V, Paragraph I of the Constitution relating to the appointment of members of the Echols County Board of Education on a county at large basis, which amendment was ratified at the general election held on Tuesday, November 6, 1962, and which is set forth in Georgia Laws 1962 at page 793, is hereby amended by striking in its entirety the first paragraph of said amend ment reading as follows:
"There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county, and shall hold their offices until their successors are appointed and qualified. The County of Echols
TUESDAY, MARCH 9, 1965
1913
shall compose one school district, and shall be confined to the control and management of the Echols County Board of Education. There shall be appointed to serve on the Echols County Board of Education five members from the county at large.", and substituting in lieu thereof a new first paragraph to read as follows:
"There is hereby created a new board of education to be known as the Echols County Board of Education which shall have the same powers and duties as the present county board of education. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county as follows: One member shall be appointed from that area of said county embraced within Militia District number 904 known as the Howell Militia District; one member shall be appointed from that area of said county embraced within Militia District number 719 known as the Enterprise Militia District; one member shall be appointed from that area of said county embraced within Militia District number 1306 known as the Mayday Militia District; one member shall be appointed from that area of said county embraced within Militia District number 1211 known as the Wright-Chapell Militia District; and one member shall be appointed from that area of said county embraced within Militia District number 1058 known as the Statenville Militia District. Said members shall hold their offices until their successors are appointed and qualified. Echols County shall compose one school district which shall be confined to the control and management of the Echols County Board of Education."
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:
"YES ( ) Shall the Constitution be amended so as to provide for the appointment of members of the Echols
NO ( ) County Board of Education on a district basis?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the
1914
JOURNAL OF THE HOUSE,
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 Arnsdorff Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dickinson
Dixon Dollar Dorminy
Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Henderson Herndon Houston HoweD Hudgins Hull Hutchinson Johnson, Dr., A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett
Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Rainey Reaves
Reid Rhodes Richardson Roberts Rogers, Jimmie
Roper Ross Rowland Russell Savage Sewell Shea Shuman Simkins Simmons Simpson
TUESDAY, MARCH 9, 1965
Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomason Tidwell Tucker, J. B.
1915
Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Balkcom Bolton Bowen, R. L. Brown, Gene Brown, M. P. Coker, G., Dr. Dailey Dunwody Etheridge Parrar Fulford Hale Hall
Harris, J. R. Harris, R. W. Holder Irvin Jessup Jones, C. M. Jones, G. Paul Jordan, W. H. Lambert Lane Leonard McClelland Melton Mixon
Moore, Don C. Page Pope Potts Rodgers, H. B. Rush Smith, V. T. Snow Story Thomas Vaughn, C. R. Williams, W. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 236-654. By Mr. Tabb of Miller:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Miller County Development Authority; to provide for powers, authority, funds, purpose and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
1916
JOURNAL OP THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Miller County to be known as the Miller County Development Authority, which shall be an instrumentality of Miller County and a public corporation and which in this amendment is hereafter referred to as the 'Authority;'
"B. The General Assembly shall by law provide for the mem bers of the Authority, their qualifications, terms, method of election or appointment and their powers and duties.
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Miller County.
"The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority;
"D. The powers of the Authority shall include but not be limited to, the power:
(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Miller County;
(2) To receive and administer gifts, grants and donations and to administer trusts;
(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Miller County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;
TUESDAY, MARCH 9, 1965
1917
(4) To borrow money, to issue notes, bonds, and revenue certifi cates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
(5) To contract with Miller County and other political sub divisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;
(6) To have and exercise usual powers of private 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 bylaws and regulations for the conduct and management of the Authority;
(7) To encourage and promote the expansion and development of industry,agriculture, trade, and commerce and the facilities therefor in Miller County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Miller County, suitable for and intend ed 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, reconstructing, furnishing and equipping of such building. No build ing 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 build ings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;
(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(9) To designate officers to sign and act for the Authority generally or in any specific matter;
(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
1918
JOURNAL OF THE HOUSE,
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Miller County;
"P. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in per formance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive no compensa tion for their services of the Authority;
"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Miller County and to carry out purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the pro cedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obliga tions had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills;
"I. The Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law;
TUESDAY, MARCH 9, 1965
1919
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Miller County and its citizens, industry, agriculture and trade within the County of Miller, and making long-range plans for such development and expansion and to authorize the use of public funds of Miller County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in Article VII, Section VII, Para graph V of the Constitution of the State of Georgia, the Authority shall be authorized to issue revenue obligations to provide funds to be used by said Authority.
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Miller County, and the scope of its operations shall be limited to the territory embraced within Miller County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operatinos beyond the limits of Miller County;
"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Miller County or the State."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to create the Miller County Development Authority, and to
1920
JOURNAL OF THE HOUSE,
NO ( ) provide for powers, authority, funds, purposes and procedure connected therewith?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Alien Anderson Arnsdorff Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Davis Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Gary Grahl Griffin Griffis Harrell Harrington
Harris, J. F. Henderson Herndon Houston Howell Hudgins Hull Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox
Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moate Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker
TUESDAY, MARCH 9, 1965
Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Rainey Reaves Reid Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr.
1921
Smith, G. L. II Smith, J. R. Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Balkcom Bolton Bowen, R. L. Brown, Gene Brown, M. P. Coker, G., Dr. Dailey Dunwody Etheridge Farrar Fulford Hale Hall
Harris, J. R. Harris, R. W. Holder Irvin Jessup Jones, C. M. Jones, G. Paul Jordan, W. H. Lambert Lane Leonard McClelland Melton Mixon
Moore, Don C. Page Pope Potts Rodgers, H. B. Rush Smith, V. T. Snow Story Thomas Vaughn, C. R. Williams, W. M. Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
1922
JOURNAL OF THE HOUSE,
The following resolution of the House was read and referred to the Committee on Highways:
HR 260. By Messrs. Story of Gwinnett and Pope of Cherokee:
RESOLUTION
Creating an interim committee to study the possibility and feasibili ty of adopting a formula system for distributing highway funds to the various counties in this State to be used for highway construction and maintenance of roads; and for other purposes.
WHEREAS, a Bill has been introduced in the House of Representa tives to allocate funds to counties on the basis of population, square mileage, and public road mileage; and
WHEREAS, this formula is being used very effectively in our sister State of South Carolina; and
WHEREAS, it is the desire of the members of this body to inquire and investigate into the possibility and feasibility of adopting a similar formula system for distributing highway funds to the various counties in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim committee to study the possibility and feasibility of adopting a formula system for distributing State highway funds to the various counties in this State to be used for highway construction and maintenance purposes. The committee is authorized to inquire and investigate into the present method being used by the State Highway Department to distribute funds under the present county contracts program. The committee is further authorized and directed to inquire and investigate into the formula system being used by South Carolina and to compare their system with the one presently being used by the State Highway Depart ment of Georgia. The committee shall be composed of five (5) members to be appointed by the Speaker. The members shall receive the compensa tion, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall make a report of its findings and recommendations on or before December 1, 1965, at which time the committee shall stand abolished. 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 following Resolutions of the House and Senate were read and adopted:
HR 261. By Messrs. Newton and Matthews of Colquitt:
A RESOLUTION Expressing appreciation to Ellen Payne Odom for composing "Geor gia Is The State For Me"; and for other purposes.
TUESDAY, MARCH 9, 1965
1923
WHEREAS, Mrs. Ellen Payne Odom, a resident of Moultrie, Geor gia, has composed the lyrics and music to a beautiful and melodious song, "Georgia Is The State For Me"; and
WHEREAS, after many long and arduous hours expended in com posing this outstanding musical composition, it was presented to a joint session of the General Assembly of Georgia in a most beautiful and outstanding manner by the Acappella Choir and Serenaders of Moultrie High School, under the able direction of Mr. Bucky Carlton, choir and musical director of Moultrie High School; and
WHEREAS, the lyrics of this wonderful song have captured the feeling and spirit manifested by the people of the State of Georgia; and
WHEREAS, the melody of this outstanding musical composition expresses and conveys to the listener the many varied expressions of feeling conveyed by the entire State of Georgia; and
WHEREAS, the members of this body are most appreciative of the effort expended by Mrs. Odom in creating this most representative song of the State of Georgia; and
Whereas, it is only befitting and proper that this body recognize the outstanding artistic accomplishments of this fine and outstanding citizen of the State of Georgia and commend her for her unselfish ef forts in providing the State of Georgia with a fine representative state song.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Mrs. Ellen Payne Odom for her outstanding musical composition and does hereby express to her their deepest appreciation for her efforts in composing this magnificent song.
BE IT FURTHER RESOLVED that this body does hereby express to Mr. Bucky Carlton, the choir and musical director of Moultrie High School, its appreciation for the fine manner in which this song was presented to the members of this body.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. Ellen Payne Odom and to Mr. Bucky Carlton.
HR 262. By Messrs. Houston of Pierce and Strickland of Evans:
A RESOLUTION
Commending James R. George; and for other purposes.
WHEREAS, James R. George has recently been undergoing special training in anti-submarine warfare tactics at Willow Grove, Pennsyl vania, as a member of the Naval Reserve; and
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WHEREAS, he was returning to the suburban Willow Grove Naval Air Station from Philadelphia last Saturday after touring the city's historic sites; and
WHEREAS, when he came down the subway steps, he heard the cries of a young girl and saw about 15 or 20 teenagers milling around the platform; and
WHEREAS, some of the teenagers were holding the girl while others were dragging her down the platform; and
WHEREAS, there were 6 adult men standing near one end of the platform refusing to go to the aid of the screaming girl; and
WHEREAS, Mr. George tried to get help and started towards the men, but before he reached them, some of the teenage boys jumped him and beat him with their fists; and
WHEREAS, Mr. George broke loose and ran for a policeman who found the youths dragging the girl along the tracks toward a dark area beyond the lighted station; and
WHEREAS, it is the desire of the members of this body to recognize the brave and heroic efforts of James R. George.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend James R. George for heroism and bravery and for being the only person to attempt to assist a young girl who was being physically attacked by 15 or 20 teenage boys.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Resolution to James R. George.
HR 263. By Mr. Pope of Cherokee:
A RESOLUTION
Commending Honorable Grady N. Coker; and for other purposes.
WHEREAS, Dr. Grady N. Coker, one of the distinguished and able elected Representatives of Cherokee County, is presently serving his sixth term in the General Assembly of Georgia, having served three terms in the Senate and three in the House of Representatives; and
WHEREAS, the distinguished Representative from Cherokee Coun ty is one of the outstanding and leading citizens of the State of Georgia; and
WHEREAS, Dr. Coker was presented with a plaque by the Cherokee-Pickens Medical Association, praising him for his dedicated, un-
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1925
selfish and distinguished service in all facets of life and as being an exemplary representative of their association; and
WHEREAS, Dr. Coker received a joint award from the Kiwanis, Lions and Rotary Clubs of Cherokee County in appreciation for his many years of dedicated service to the people of north Georgia; and
WHEREAS, Dr. Coker has operated a private hospital for the last thirty-nine years, having unselfishly given and administered to the medical needs of the people of north Georgia; and
WHEREAS, Dr. Coker is past president of the Medical Association of Georgia, is a member of Alpha Omega Alpha, the highest honorary scholastic award which may be bestowed upon a member of the medical profession, is a past president of the Lions Club, a member of the American College of Surgeons, a member of the International College of Surgeons, a member of the Southeastern Surgical Congress, a mem ber of the American Society of Abdominal Surgeons, is the recipient of a certificate of appreciation from the late former President Franklin D. Roosevelt, is the recipient of a certificate of merit from the former President Harry S. Truman, has served on the staffs of former Gov ernors Herman Talmadge, Marvin Griffin and Ernest Vandiver; and
WHEREAS, Dr. Coker is a lifetime member of the American Soci ety of Conservation, having received in 1960 a conservation award from the Georgia Sportmen's Federation; and
WHEREAS, Dr. Coker, while not practicing medicine, or partici pating in the business and political life of his community, is an out standing farmer, being a member of the 100-Bushels-an-Acre-Corn Club, a member of the American Aberdeen-Angus Association and American Guernsey Cattle Club; and
WHEREAS, it is only befitting and proper that this body at this time recognize the outstanding achievements and public service of this dedicated Representative.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Grady Newton Coker for his outstanding contri bution to the people of Cherokee County, north Georgia, and the entire state.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the Honorable Grady N. Coker.
HR 264. By Messrs. Bolton of Spalding, Hale of Dade and Steis of Harris: A RESOLUTION
Creating an interim study committee; and for other purposes.
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WHEREAS, at the last general election a constitutional amendment was ratified authorizing the General Assembly to classify motor vehicles as a separate class of property; and
WHEREAS, at the present session of the General Assembly, legis lation which is still pending was introduced implementing said con stitutional amendment; and
WHEREAS, various local tax officials, representatives of local government and industry leaders have called upon the General Assembly to commence a comprehensive study of the manufacturer's inventory tax liability; and
WHEREAS, for many years there has been functioning an interim legislative study committee dealing with the many problems presented by local taxation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker thereof is hereby authorized to appoint a committee to be composed of three (3) members of the House of Representatives. The committee shall be authorized to investi gate and study the entire field of state and local taxation, including but not limited to inventory taxation and legislation implementing the hereinbefore described constitutional amendment. The committee shall be authorized to employ clerical and administrative help to assist the committee in their study. Subject to the approval of the Speaker of the House of Representatives, the committee shall be authorized to fix the compensation to be received by such personnel as shall be em ployed by them. The committee shall be authorized to meet for such number of days as the Speaker shall authorize. The committee shall make its report and recommendations on or before January 1, 1966, at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary for the purposes of this Resolution shall come from the legislative branch of government.
HR 265. By Mr. Hudgins of Chattahoochee:
A RESOLUTION
Commending James A. (Bubba) Ball; and for other purposes.
WHEREAS, James A. (Bubba) Ball joined the coaching staff at Baker High School after ten years in professional baseball as a player and manager; and
WHEREAS, he became head basketball coach at Baker High School in 1952; and
WHEREAS, Coach Ball has compiled a record of 228 wins and 108 losses since he became head coach; and
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1927
WHEREAS, his teams have won two State Class AAA titles, one in 1954 and the other in 1956; and
WHEREAS, his 1954-55 team holds the longest winning string in Class AAA history -- 40 games; and
WHEREAS, Baker teams have won six 1-AAA championships, six Bi-City titles, three Bi-City Invitational titles, and have been in the State tournaments ten of the fourteen years since James A. (Bubba) Ball became head coach.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Coach James A. (Bubba) Ball for the outstanding record he has compiled since becoming head coach at Baker High School and for strengthening the moral fiber of the youth at Baker High School through a sound physical education and physical fitness program.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Coach James A. (Bubba) Ball.
HR 266. By Messrs. Etheridge, McClelland and Brooks of Fulton:
A RESOLUTION
Expressing regrets at the passing of Honorable Wylie Owen Cheney; and for other purposes.
WHEREAS, Honorable Wylie Owen Cheney departed this life on January 22, 1965; and
WHEREAS, Mr. Cheney was a graduate of the University of Geor gia where he was elected Phi Beta Kappa; and
WHEREAS, Mr. Cheney was born in Bairdstown, Georgia; and
WHEREAS, Mr. Cheney received his formal education at the Uni versity of Georgia, Oglethorpe University and the Atlanta Law School; and
WHEREAS, in 1909, he became associated with the Atlanta School System as a professor of mathematics at Tech High School and rose to the principal of said high school serving 26 years in the latter capacity until 1947 when Tech High School closed forever to make way for com munity high schools; and
WHEREAS, prior to becoming associated with the Atlanta School System, he was principal of high schools in Eatonton, Valdosta and Americus, Georgia; and
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WHEREAS, he was a member of the Druid Hills Baptist Church, the National Education Association, Georgia Education Association, Atlanta Teachers Association, Georgia Masonic Lodge 96 and Ansley Park Golf Club; and
WHEREAS, Cheney Stadium of Atlanta was named in his honor; and
WHEREAS, in the last issue of the Tech High School annual, the Tehisean, editor Guy Sharpe wrote what were to prove to be prophetic words in dedicating the year book to Mr. Cheney, the dedication read:
"His capacity to do and be loyal in the doing and his tre mendous capacity for sincerity will perpetuate his name always in the lives of men long after Tech High is gone; and time, which makes most things ugly, will make the service and friendship of Wylie Owen Cheney 'a thing of beauty and a joy forever'."; and
WHEREAS, the General Assembly of Georgia does hereby concur in the dedication which was so applicably authored by editor, Guy Sharpe; and
WHEREAS, after his retirement, Mr. Cheney's advice relative to educational matters was often sought.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the deepest regrets of this body are hereby expressed at the passing of Honorable Wylie Owen Cheney and the heartfelt sympathy of this body is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that in token of our common grief, the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the family of Honorable Wylie Owen Cheney.
HR 267. By Mr. Bedgood of Clarke:
A RESOLUTION
Commending Honorable Charles L. Guyer; and for other purposes.
WHEREAS, Honorable Charles L. Guyer is married to the former Miss Jerry Alexander who has been an inspiration to him in his many endeavors; and
WHEREAS, Mr. Guyer received his formal education at the Uni versity of Georgia and while attending said institution was an out standing athlete; and
WHEREAS, Mr. Guyer is President of the Alexander Wood Prod ucts, Inc.; and
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1929
WHEREAS, he was recently re-elected President of the Fine Hard woods Association at its annual meeting in Chicago, Illinois; and
WHEREAS, his accomplishments as an outstanding businessman has materially enhanced the economy of Clarke County; and
WHEREAS, Mr. Guyer is active in the religious, civic, fraternal and political affairs of Athens, Clarke County and the State of Geor gia and his advice relative to these affairs is often sought.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Charles L. Guyer on his recent re-election as President of Fine Hard woods Association and for his many outstanding accomplishments as a business leader and devoted citizen of this great State.
BE IT FURTHER RESOLVED that this body does hereby wish him every success in all his future endeavors.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution with the Seal of the House of Representatives affixed thereto to Honorable Charles L. Guyer.
HR 268. By Mr. McKemie of Clay:
A RESOLUTION
Requesting that the Walter F. George Reservior be named Lake Chattahoochee; and for other purposes.
WHEREAS, the Walter F. George Lock and Dam has impounded the waters of the Chattahoochee River in southwest Georgia, creating a 45,000 acre lake which lies over both Georgia and Alabama territory; and
WHEREAS, through the efforts of the State of Alabama, there is presently an effort to have said Reservoir designated as Lake Eufaula; and
WHEREAS, the river bed of the Chattahoochee River lies totally within the territorial limits of the State of Georgia; and
WHEREAS, the Chattahoochee River has been immortalized in song and story by the late Sidney Lanier, former poet laureate of Georgia, in his immortal "Song of the Chattahoochee"; and
WHEREAS, one of the 159 counties in Georgia is named for the Chattahoochee River, as well as several cities and towns and soil con servation districts; and
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WHEREAS, the name of this important reservoir should not bear the name of any particular city or town lying along this reservoir which is not representative of the general area through which this river flows; and
WHEREAS, the Chattahoochee River from its headwaters to the Georgia-Florida line lies totally within the State of Georgia; and
WHEREAS, Georgia Congressman Maston O'Neal has introduced legislation in Congress designating this reservoir "Lake Winston Churchill".
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby urgently request the United States Congress to designate this reservoir as Lake Chatta hoochee.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the Georgia Congressional Delega tion.
HR 269. By Messrs. Richardson, Sewell and Shea of Chatham:
A RESOLUTION
Requesting the United States Department of Health, Education and Welfare to transfer the Public Health Service Hospital in Savannah to the site now occupied by the Hunter Air Force Base Hospital, in the event said Public Health Service Hospital is closed; and for other purposes.
WHEREAS, the United States Department of Health, Education and Welfare has announced that in the interest of economy the United States Public Health Service Hospital in Savannah will be closed as of June 30, 1966; and
WHEREAS, said hospital has been in existence for over 60 years and employs over 150 employees with an annual payroll of over $1,000, 000.00; and
WHEREAS, said announcement states if a Public Health Service Hospital were to be retained in Savannah, the present facility would have to be replaced because it is totally obsolete; and
WHEREAS, considerable expenditures will be made to modernize and expand the five remaining Public Health Service Hospitals located in major ports of this country to handle the expected twenty (20%) percent increase in patient load; and
WHEREAS, the Department of Defense has recently announced the proposed closing of Hunter Air Force Base in 1967, including the new modern equipped hospital and dental clinic that was recently built
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1931
at great expense to the government, said hospital, clinic and equipment requiring an expenditure of approximately $4,000,000.00; and
WHEREAS, said Hunter Air Force Hospital has a two hundred (200) bed chassis which meets the requirements of the Public Health Service as set forth in its report and further has considerable acreage which would permit expansion to meet the needs of our expected popu lation explosion; and
WHEREAS, the Hunter Air Force Hospital in addition has new modern housing which could be used to house interns, resident physicians and nurses and would be of great assistance in attracting qualified personnel; and
WHEREAS, the Memorial Hospital is an expanding medical center with a fully qualified intern training program and nurse training pro gram, which is in close proximity to Hunter and offers an excellent opportunity of close affiliation with the Public Health Service Hospital for further training of its personnel; and
WHEREAS, the announced closing of the Public Health Service Hospitals will result in hospitals being located in five (5) major ports serving every geographical area on the coast of this nation with the exception of the South Atlantic Coast; and
WHEREAS, there is a great need for a Public Health Service Hospital in Savannah as evidenced by the present facility operating at full capacity and, further, said need will increase with the scheduled closing of Hunter Hospital where retired military personnel and de pendents are receiving treatment; and
WHEREAS, there is a great number of merchant seamen, uni formed members of the Coast Guard, Coast and Geoditic Survey and Public Health Service employees and their dependents located in Savan nah, as well as a large number of retired military personnel and de pendents, veterans, government employees, and members of the armed forces and their dependents; all of whom are entitled to treatment in the Public Health Service Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the United States Department of Health, Education and Welfare be urged to transfer the Public Health Service Hospital to the site now occupied by the Hunter Air Force Base Hospital in the event said hospital is closed; and
BE IT FURTHER RESOLVED that Senator Richard B. Russell, Senator Herman E. Talmadge, and Governor Carl E. Sanders are re quested to do all within their power to correct this inequity and to re tain for this section of our country this much needed facility and, further, that copies of this Resolution be directed to them and to the Department of Health, Education and Welfare.
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HR 273. By Messrs. Spikes and Ware of Troup:
A RESOLUTION
Extending congratulations to Honorable Bela A. Lancaster, Super intendent of the City School 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 Tourna ment 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" basket ball 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 and Honorable J. Crawford Ware, Representatives from Troup County, with appropriate copies of this Resolution in suf ficient number to be personally presented to the persons named in this Resolution.
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1933
SR 93. By Senator Pennington of the 45th:
A RESOLUTION
Expressing appreciation to the Georgia Poultry Federation, the Georgia Poultry Improvement Association, the Georgia Egg Commis sion, and the 4-H Clubs of Georgia; and for other purposes.
WHEREAS, the members of the General Assembly were served a most delicious luncheon on March 2, 1965, through the courtesy and generosity of the Georgia Poultry Federation, the Georgia Poultry Im provement Association, and the Georgia Egg Commission; and
WHEREAS, the wonderful barbecued chicken, hard-boiled eggs and other items were thoroughly enjoyed by all the members; and
WHEREAS, the members of the 4-H Clubs of Georgia under the sponsorship of the Cooperative Extension Service, served the members at their desks and were most helpful and courteous; and
WHEREAS, this entire undertaking was under the capable super vision of Honorable Abit Massey, Executive Secretary of the Georgia Poultry Federation;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest appreciation is hereby ex pressed to the Georgia Poultry Federation, the Georgia Poultry Im provement Association, the Georgia Egg Commission, the 4-H Clubs of Georgia under the sponsorship of the Cooperative Extension Service, Honorable Abit Massey, and all others who played a part in providing this most wonderful lunch for the members of this body.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a suitable copy of this Resolution to each of the above named organizations and to Honorable Abit Massey.
HR 256. By Mr. Jones of Lumpkin:
A RESOLUTION
Relative to the reapportionment of the House of Representatives; and for other purposes.
WHEREAS, the House of Representatives of the State of Georgia has kept good faith with the United States Federal Court in reapportioning its membership in accordance with the order and directive of said Court; and
WHEREAS, the existing membership of the House of Representa tives of the State of Georgia was duly elected under the laws of the State of Georgia and the Constitution thereof, for a full two-year term
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expiring December, 1966, however, the Court order did provide that the reapportionment of the House of Representatives become effective January, 1966, and the House of Representatives did in respect to the court order and in further evidence of keeping good faith with the Court make the effective date under the reapportionment Bill passed out in the 1965 Session, as directed by the Court; and
WHEREAS, it has heretofore been the established practice that the terms of the membership of the House of Representatives expire concurrently with the Governor's term, which has been proven to be the best interest of the citizens of the State of Georgia; and
WHEREAS, the expense of ordering a special election in the year 1965 is estimated to exceed $2,000,000; and
WHEREAS, it is unknown at the present time as to what will be the composition of the House of Representatives after this complete reapportionment and it is not beyond the possibility that at least 80% of the composition of said House of Representatives would consist of new membership inexperienced in the field of legislation; and
WHEREAS, if the existing House of Representatives was allowed to serve the term to which it was duly elected by the people of the State of Georgia and in accordance with its laws and Constitution, to wit: up to and including December 31, 1966, it would enable the citizens of the State of Georgia who have intentions of seeking election in the House of Representatives in the State of Georgia, a training period in the 1966 Session, in order that they could attend same and become familiar with legislative processes and thereby eliminate the hazard of having a completely inexperienced body during the year 1966, which could possibly and would probably pass legislation not in the best in terest of the citizens of the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body urgently request His Excellency, Governor Carl E. Sanders, immediately upon signing into law House Bill No. 367, to transmit same to the Honorable Judges of the United States Federal Court, and for the Attorney General of the State of Georgia to petition said Honorable Court to rule on the validity of said Bill and further petition the Honorable Court to consider modifying their order with reference to the effective date of said Bill so that the existing membership can serve their duly elected terms if the Honorable Court would see fit to modify their order accordingly, all of which would be to the best interests of the citizens of the State of Georgia, and that the Attorney General prepare a Bill to amend House Bill No. 367 changing its effective date so that the membership of the House of Representatives can serve as aforesaid.
HR 173. By Mr. Busbee of Dougherty:
A RESOLUTION
Creating a study committee on the advisability of establishing a statewide plumbing and electrical code; and for other purposes.
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1935
WHEREAS, at the present time there are various county and municipal plumbing and electrical codes; and
WHEREAS, because of the number of such codes, there are no uniform or coordinated provisions of law governing the installation of plumbing and electrical facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of such members of the House as the Speaker shall appoint thereto, who shall be authorized to study the advisability of establishing a statewide electrical and plumbing code. The committee is further authorized to study the advisability of establishing an examining board for plumbers and electricians. The committee shall make its report to the 1966 Session of the General Assembly at which time it shall stand abolished. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
The following Committee amendment was read and adopted: The Rules Committee moves to amend HR 173 as follows: By inserting immediately before the last sentence thereof ths following' sentence: "The committee shall be authorized to meet for such number of days as shall be authorized by the Speaker of the House of Representatives."
The Resolution was adopted as amended.
The following Resolutions of the House and Senate were read and referred to the Committee on Rules:
HR 270. By Mr. Lewis of Wilkinson:
A RESOLUTION
Protesting the establishment of the proposed Oconee Wildlife Refuge; and for other purposes.
WHEREAS, the economy and development of Wilkinson County, Georgia, is being threatened by the acquisition of 13,438.95 acres by the Federal Government for a wild duck feeding ground; and
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WHEREAS, the proposed Oconee Wildlife Refuge can be obtained by condemnation proceeding by the right of eminent domain of the U. S. Fish and Wildlife Service; and
WHEREAS, this eliminates the free choice of the landowners to sell or not to sell; and
WHEREAS, the economy of the Town of Toomsboro is geared to lumber and forest products which would be virtually eliminated by the acquisition of these lands which furnish the raw materials for this industry; and
WHEREAS, the mineral and mining development of the county is also being impaired by this acquisition; and
WHEREAS, the removal of this large block of land from the tax rolls of Wilkinson County could materially affect the county tax digest; and
WHEREAS, we can see no material justification for the expendi ture of large sums of money for acquisition of an area that would benefit few but adversely affect many in our local area.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby protest the establish ment of this unnecessary Federal project and urges each member of the Georgia Congressional Delegation to use their influence to acquaint the U. S. Fish and Wildlife Service with the disadvantages of establishing such a project.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to each member of the Georgia Congressional Delegation and to the Secretary of the U. S. Departments of Agriculture, Interior, and Commerce.
HR 271. By Mr. Caldwell of Upson:
A RESOLUTION
Creating an interim legislative committee to study the recommenda tions for legislation contained in the reports of the Governor's Commis sion for Efficiency and Improvement in Government; and for other purposes.
WHEREAS, the Governor's Commission for Efficiency and Im provement in Government created pursuant to an Act approved March 21, 1963 (Ga. Laws 1963, p. 176), has, as of March 1, 1965, rendered seven (7) major reports; and
WHEREAS, at least four (4) of these reports contain specific recommendations for legislation; and
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1937
WHEREAS, a report should be made to the General Assembly of Georgia relative to the legislation recommended; and
WHEREAS, it would be impossible to implement a portion of the recommendations of the Governor's Commission for Efficiency and Im provement in Government without the passage of appropriate legisla tion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legis lative committee of the House of Representatives to be composed of three (3) members to be appointed by the Speaker of the House of Representatives. The Committee shall be authorized to make a study of the reports of the Governor's Commission for Efficiency and Im provement in Government, particularly the recommendations for legis lation contained therein and such other studies relative to said reports as the Committee, in its discretion, may desire or as directed by the Speaker of the House of Representatives. Initially, the Committee shall be limited to a total time of twenty (20) days per member for the purposes set forth in this Resolution, and the members of said Com mittee shall receive actual expenses and travel allowances authorized for legislative members of interim committees including reimbursement for mileage in the amount authorized for State employees. All funds necessary for the purposes and intents of this Resolution shall come from funds appropriated to or otherwise available to the legislative branch of government.
The Committee shall make a report of its studies and recommenda tions to the 1965 Session of the General Assembly on or before December 1, 1965, and the Committee shall stand abolished as of that date.
HR 272. By Messrs. Bedgood of Clarke, Chandler and Harrington of Baldwin:
A RESOLUTION
Creating an interim legislative committee to study problems caused by the exemption of certain properties from ad valorem property tax; and for other purposes.
WHEREAS, the principal source of revenue of the municipalities and counties of this State is derived from ad valorem property taxes; and
WHEREAS, many public authorities which are instrumentalities of the State, and the State, by and through its various departments, bureaus and other agencies, own large tracts or parcels of land in this State valued at many millions of dollars; and
WHEREAS, the improvements on said tracts or parcels of land are likewise valued at many millions of dollars; and
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WHEREAS, said tracts or parcels of land and the improvements thereon are exempt from taxation; and
WHEREAS, notwithstanding the fact that the facilities owned by such instrumentalities and the State materially affect the economy of the citizens in the areas in which they are located, and the fact that such facilities are tax-exempt causes a hardship on the governmental administration of such municipalities and counties because of the ex emption from ad valorem taxes on such facilities; and
WHEREAS, the loss of such ad valorem taxes materially affects the administration of the public school systems in such areas; and
WHEREAS, the State should provide financial relief to the munici palities and counties in such impacted areas and provide some method of relieving the loss of said taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legisla tive committee of the House of Representatives to be composed of three members to be appointed by the Speaker of the House of Representa tives. The Committee shall be authorized to make a study and investiga tion relative to the impacted areas of the State of Georgia, and the affect that the loss of ad valorem property tax on public property in this State has upon the municipalities, counties and public school systems located in said areas.
The Committee shall also be authorized to make such other studies, investigations or recommendations relative to the subject matter of this Resolution that it, in its discretion, may desire or as directed by the Speaker of the House of Representatives.
The Committee shall be limited to a total time of ten days per member for the purposes set forth in this Resolution, and the members of said Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
All funds necessary for the purposes and intents of this Resolution shall come from funds appropriated to or otherwise available to the legislative branch of government.
The Committee shall make a report of its studies, investigations and recommendations to the 1965 Session of the General Assembly on or be fore December 1, 1965, and the Committee shall stand abolished as of that date.
SR 92. By Senator Kidd of the 25th and Senator Gillis of the 20th:
A RESOLUTION
Protesting the establishment of the Oconee Wildlife Refuge by the Federal Government; and for other purposes.
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1939
WHEREAS, the United States Fish and Wildlife Service has a proposed plan to acquire over 13,000 acres of land in Wilkinson and Baldwin counties for a preserve to be known as the Oconee Wildlife
Refuge; and
WHEREAS, this would remove from private and industrial use, thousands of acres of prime hardwood timherland and rich mineral land upon which hundreds of Georgia families depend for livelihood; and
WHEREAS, businesses dependent on this land and the timber thereon would be forced to liquidate, which would put hundreds of citizens on the unemployment rolls and result in a severe setback to the economy of this region; and
WHEREAS, the acquisition of this land by the federal government would remove all of it from the tax digests of the local governments involved, possibly necessitating a tax increase because of the resultant loss of tax revenues; and
WHEREAS, this project is not a needed project, but is only another example of federal bureaucracy in action.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby go on record as strongly protesting the proposed plan to create the Oconee Wildlife Refuge and the acquisition of more than 13,000 acres of prime timberland in Wilkinson and Baldwin counties by the federal govern ment.
BE IT FURTHER RESOLVED that the members of the Georgia congressional delegation are hereby requested and urged to take all possible steps to stop this proposed project and protect the right of private ownership of this land.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each United States Senator from Georgia, and to each United States Repre sentative from Georgia.
Mr. Matthews of Clarke asked unanimous consent that the House insists on its position on the following Bill of the Senate and requests that a Committee of Conference be appointed:
SB 7. By Senator Webb of the llth, and others:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission, and for other purposes.
The consent was granted and the Speaker appointed the following members on the part of the House:
1940
JOURNAL OF THE HOUSE,
Messrs. Matthews of Clarke, Murphy of Haralson and Paris of Borrow.
Mr. Matthews of Clarke asked unanimous consent that the House insists on its position on the following Bill of the Senate and requests that a Committee of Conference be appointed:
SB 8. By Senators Webb of the llth, Plunkett of the 30th and Hill of the 29th:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Corporation, and for other purposes.
The consent was granted and the Speaker appointed the following members on the part of the House:
Messrs. Matthews of Clarke, Murphy of Haralson and Paris of Barrow.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection, and for other purposes.
The following Senate amendment was read:
Senate amendment to House Bill 278.
By striking in its entirety Subparagraph (2) of Subsection (a) of Section 126, which Section is quoted in Section 3 of said Bill, and substituting in lieu thereof a new Subparagraph (2) to read as follows:
"(2) LIGHTS. All lights located upon the exterior of the vehicle shall be in working order.
"a. Those vehicles equipped with headlamps shall be inspected to determine that each headlamp burns with at least the minimum candlepower output as follows:
1 For multiple beam headlamps - 5,000 candlepower.
TUESDAY, MARCH 9, 1965
1941
2. For dual headlamp systems - 7,000 candlepower and that the headlamps are adjusted within the following tolerances:
"b. Aim inspection--Visual Method. For horizontal and verti cal beam, aim sideways and up and down.
1. Any upper beam of a symmetrical beam headlamp (all single- and double-beam lamps such as sealed beam 5-% -inch Type 1 and sealed beam 7-inch except Type 2) where the center of the
high-intensity zone is:
(a) Horizontally more than 6 inches to the right or left of straight ahead.
(b) Vertically above or more than 4 inches below the lamp center level.
2. Any lower beam of an asymmetrical beam headlamp such as sealed beam 5-%-inch Type 2 and sealed beam 7-inch Type 2 lamps where:
(a) Horizontally the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right.
(b) Vertically the top edge of the high-intensity zone is more than 2 inches above or below the lamp center level.
3. Any symmetrical beam fog lamp where the center of the high-intensity zone is more than 6 inches right or left of straight ahead, or where the top edge of the high-intensity zone is higher than 2 inches below the fog lamp center level.
4. Any asymmetrical beam fog lamp where the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right, or where the top edge of the high-intensity zone is above the fog lamp center level.
"c. Aim Inspection--Mechanical Method.
1. Sealed Beam 7-inch except Type 2 and Sealed Beam 5-% inch Type 1 Lamps.
(a) Where aim is horizontal (sideways), approval shall be refused if graduation is more than 4 to the right of left of straight ahead. Mechanical aim graduation shall be set at zero straight ahead when a lamp is reaimed.
(b) When aim is vertical (up and down), approval shall be refused if graduation is higher than % down or lower than 3-% down. Mechanical aim graduation shall be set at 2 down when one is reaiming.
1942
JOURNAL OF THE HOUSE,
2. Sealed Beam 7-inch Type 2 and 5-%-inch Type 2 Lamps.
(a) When aim is horizontal (sideways), approval shall be refused if graduation is to the left of straight ahead or more than 6 to the right. Mechanical aim graduation shall be set at Vs to the right of straight ahead when a lamp is reaimed.
(b) When aim is vertical (up and down), approval shall be refused if graduation is higher than % down or lower than 3-Vz down. Mechanical aim graduation shall be set at 2 down when one is reaiming."
Mr. Williams of Hall moved that the House disagree to the Senate amend ment to HB 278.
On the motion to disagree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Arnsdorff Beck Black Blair Blalock Bowen, J. 0. Brackin Branch Brantley Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Conger Davis Dean DeLoach DeVane Dollar Doster Duncan, A. C.
Duncan, V. W. Evans Gary Griffin Griffis Harrell Harris, J. F. Harris, R. W. Henderson Herndon Howell Hudgins Johnson, Dr. A. S. Johnson, B. Jordan, W. H. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, C. Mauldin McCracken McKemie
McRae Merritt Milhollin Minge Mitchell Moate Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S. Oglesby Otwell Overby Pafford Paris Parker Perry Phillips, G. S. Phillips, L. L. Rainey Reaves Reid Rhodes Richardson Rogers, Jimmie Ross Rowland Russell Savage
Shea Shuman Simkins Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R.
TUESDAY, MARCH 9, 1965
Spikes Spillers Stalnaker Steis Story Strickland Tabb Thomason Tidwell Tucker, J. B.
1943
Tucker, Ray M. Vaughan, D. N. Ware Watson Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Jones, M.
Walker
Those not voting were Messrs.:
Acree Bagby Balkcom Ballard Barber Bedgood Bolton Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Chandler Colwell Conner Crowe Dailey Dickinson Dixon Dorminy Dunwody Etheridge Farrar Floyd Flynt Fulford
Grahl Hale Hall Harrington Harris, J. R. Holder Houston Hull Hutchinson Irvin Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Kelly Knight, D. W. Laite Lambert Leonard Looper Maddox Matthews, D. R. Mauney McClelland McDaniell Melton Mixon
Moore, Don C. NeSmith, J. D. Newton, D. L. Odom Page Peterson Pickard Pope Poss Potts Roberts Rodgers, H. B. Roper Rush Sewell Smith, G. L. II Smith, V. T. Snow Sweat Thomas Underwood Vaughn, C. R. Watkins Wells White Wiggins Wilson Mr. Speaker
On the motion to disagree, the ayes were 118, nays 2.
The House has disagreed to the Senate amendment to HB 278.
1944
JOURNAL OF THE HOUSE,
Mr. Brooks of Fulton arose on a point of personal privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 274. By Mr. Steis of Harris: A Bill to be entitled an Act to declare that the underground storage of natural or manufactured gas intended for ultimate public use is in the public interest, and for other purposes.
The following Senate amendment was read:
Senator Holloway of the 12th moves to amend HB 274 as follows:
By adding between Section 93-812 and Section 2 a new Section to read as follows:
"Section 93-813. Preservation of authority of State Water Quality Control Board and State Department of Public Health to prevent or abate water pollution. No provision of this act shall in any way be construed to impair or interfere with the authority of the State Water Quality Control Board or the State Department of Public Health to prevent or abate injury, pollution or contami nation of any usable fresh water resources".
Mr. Steis of Harris 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 Arnsdorff Balkcom Barber Beck Bedgood Black Bolton Brinkley Brown, M. P.
Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, R. Colwell Davis Dean DeVane
Doster Duncan, A. C. Duncan, V. W. Evans Floyd Gary Grahl Griffin Griffis Hale Harrell Harrington
TUESDAY, MARCH 9, 1965
Henderson Holder Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Luke Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McKemie McRae
Milhollin Mitchell Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reaves Rhodes Richardson Rodgers, H. B. Rush Russell Savage
1945
Sewell Shea Shuman Simmons Singer Smith, E. B., Jr. Spikes Steis Story Strickland Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Anderson Bagby Ballard Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Coker, G., Dr. Collins, J. F. Collins, M. Conger Conner Crowe Dailey DeLoach Dickinson
Dixon Dollar Dorminy Dunwody Etheridge Farrar Flynt Fulford Hall Harris, J. F. Harris, J. R. Harris, R. W. Herndon Houston Howell Hull Irvin Johnson, B. Jones, C. M. Jones, F. C. Jordan, Ben C. Kelly Laite
Lambert Lane Leonard Lovett Lowrey Marshall McDaniell Melton Merritt Minge Mixon Moate Moore, Don C. Moore, J. H.
Moses Otwell Page Pickard Poss Reid Roberts Rogers, Jimmie
Roper
1946
Boss Rowland Simkins Simpson Smith, A. B. Smtih, Chas. C. Smith, G. L. II
JOURNAL OP THE HOUSE,
Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Sweat Tabb
Thomas Vaughn, C. R. Vaughan, D. N. White Wilson Mr. Speaker
On the motion to agree, the ayes were 115, nays 0.
The Senate amendment to HB 274 was agreed to.
Under the General Order of Business, established by the Committee on Rules, the following Bills of the House were again taken up:
HB 341. By Mr. Pope of Cherokee:
A Bill to be entitled an Act to provide that shall be unlawful for two or more persons to conspire to commit certain offenses relating to the sale, manufacture, possession, and transportation of alcoholic beverages, and for other purposes.
Mr. Milhollin moved that HB 341 be Tabled.
The motion prevailed and HB 341 was laid on the Table.
HB 512. By Mr. Steis of Harris and others:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans, and for other purposes.
The following substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. Laws 1957, p. 69), an Act approved March 17, 1959 (Ga. Laws 1959, p. 349), and an Act approved April 5, 1961 (Ga. Laws 1961,
TUESDAY, MARCH 9, 1965
1947
p. 554), so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. Laws 1957, p. 69), an Act approved March 17, 1959 (Ga. Laws 1959, p. 349), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 554), 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. Effective as applied to the license tags for the year 1960, (a) any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise; who is a citizen and resident of the State of Georgia, and
"(a) who has been awarded, or
"(b) who might hereafter be awarded, or
"(c) who was eligible but did not make claim within the time limitation, or
"(d) who might hereafter be eligible to be awarded but does not make claim therefor,
an automobile by the Veterans' Administration which is to be owned and operated by the said disabled veteran, with or without special equipment for amputees, or (b) those veterans of World War I who are citizens and residents of the State of Georgia, who received a discharge other than a dishonorable discharge who will receive or who are entitled to receive a statutory award from the Veterans' Ad ministration for:
"(1) Loss or permanent loss of use of one or both feet;
"(2) Loss or permanent loss of use of one or both hands;
"(3) Permanent impairment of vision of both eyes of the followstatus: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye; will be provided upon application therefor State automobile license tags free of charge upon presentation by said veteran of the proof that he has been furnished an automobile free of charge by the United States Government, or upon presentation of proof that he
1948
JOURNAL OF THE HOUSE,
is receiving the aforesaid statutory award. For the purposes of this Act, World War I shall be considered as that period beginning April 6, 1917, and ending November 11, 1918; and in the case of a veteran who served with the United States Military Forces in Russia, April 6, 1917, and ending on April 1, 1920. Once said veteran has established his eligibility fir said free tags he shall be entitled to them in succeeding years, on any automobile he may acquire in the future. Two tags each year shall be furnished under the pro visions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle."
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 Bagby Balkcom Ballard Barber Beck Blair Bolton Bowen, J. 0. Brackin Branch Brantley Brinkley Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell
Conner Dailey Davis Dean DeLoach DeVane Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Farrar Gary Griffin Griffis Hale Harrell Harrington Harris, J. F. Henderson Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B.
Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moore, J. H. Murphy NeSmith, J. D.
Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reid Rhodes Richardson Rodgers, H. B.
TUESDAY, MARCH 9, 1965
Ross Rush Russell Savage Sewell Shea Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Strickland Thomas
1949
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells White \Viggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Bedgood Black Blalock Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Collins, J. F. Conger Crowe Dickinson Dixon Dollar Dunwody Etheridge Floyd Flynt Fulford Grahl Hall
Harris, J. R. Harris, R. W. Herndon Holder Irvin Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Laite Lambert Lane Leonard Marshall Matthews, C. Matthews, D. R. McClelland Melton Mitchell Moate Moore, Don C. Moses
Nessmith, P. Newton, A. S. Newton, D. L. Pickard Potts Rainey Reaves Roberts Rogers, Jimmie Roper Rowland Shuman Simmons Simpson Singer Smith, G. L. II Smith, V. T. Story Sweat Tabb Vaughn, C. R. Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Nessmith of Bulloch stated he would like to be recorded as voting "Aye".
1950
JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 57. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act creating the Mineral Leasing Commission, so as to increase the membership of the commission, and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act creating the Mineral Leasing Commission, ap proved March 9, 1945 (Ga. Laws 1945, p. 352), as amended, so as to increase the membership of the commission; to provide for the manner of the appointment of its additional members; to provide for the reim bursement of the expenses incurred by certain members; to prescribe certain additional duties for the commission; to authorize the commis sion to employ personnel; to provide that any funds made available to the commission shall be approved by the Director of the Budget; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Mineral Leasing Commission, ap proved March 9, 1945 (Ga. Laws 1945, p. 352), as amended, is hereby amended by striking in its entirety Section 1 and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is hereby created a Mineral Leasing Com mission, as an agency of the State of Georgia, to be composed of the Governor, the Secretary of State, the Attorney General, the Director of the Department of Mines, Mining and Geology, and five other members who shall be appointed by the Governor to serve at the pleasure of the Governor, from the various sections of the State, so that the State of Georgia as a whole shall be represented on said Commission. The members of the Commission shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in connection with their official duties. Members of the General Assembly shall be eligible for appointment to said Commission, but shall receive no compensation for their services. The members of the Commission shall, in addition to other duties imposed upon them, draft a standard lease form for mineral rights and make such standard lease forms available to property owners in the State of Georgia upon request. The Commission shall also cooperate to the fullest extent with the Department of Mines, Mining and Geology to promote the natural resources of this State. The Commission shall be authorized to employ such per sonnel as it shall deem necessary to efficiently and effectively carry out the purposes and provisions of this Act and the duties and
TUESDAY, MARCH 9, 1965
1951
responsibilities placed upon the Commission thereby. Any funds made available to the Commission shall be approved by the Director of the Budget."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Hull of Richmond moved that the House disagree to the Senate sub stitute.
On the motion to disagree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Arnsdorff Bagby Balkcom Ballard Beck Blair Bolton Bowen, J. 0. Brackin Brinkley Busbee Bynum Byrd Carr Chandler Clark, J. T. Coker, R. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Doster Duncan, A. C. Duncan, V. W. Evans Farrar Gary Grahl
Griffin Griffis Hale Harrington Harris, J. F. Henderson Houston Howell Hull Hutchinson Jessup Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt
Milhollin Mitchell Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page Paris Parker Phillips, G. S. Phillips, L. L. Poss Potts Reaves Reid Rhodes Richardson Rogers, Jimmie Ross Rush Sewell Shea Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers
1952
Steis Story Strickland Tabb Thomas Thomason Tidwell
JOURNAL OF THE HOUSE,
Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins
Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
A.cree Anderson Barber Bedgood Black Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Clarke, H. G. Coker, G., Dr. Collins, J. F. Conger Dickinson Dixon Dollar Dorminy Dunwody Etheridge Floyd Flynt Fulford
Hall Harrell Harris, J. R. Harris, R. W. Herndon Holder Hudgins Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Laite Lambert Leonard Marshall Matthews, D. R. McClelland Melton Minge Mixon Moate Moore, Don C. Moses Newton, D. L.
Otwell Perry Peterson Pickard Pope Rainey Roberts Rodgers, H. B. Roper Rowland Russell Savage Shuman Simmons Simpson Singer Smith, G. L. II Smith, J. R. Stalnaker Sweat Vaughn, C. R. Wells White Wilson Mr. Speaker
On the motion to disagree, the ayes were 125, nays 0.
The House has disagreed to the Senate substitute to HB 57.
Under the General Order of Business established by the Committe on Rules the following Bills of the House were taken up for consideration and read the third time:
HB 524. By Messrs. Pope and Coker of Cherokee and Overby of Hall:
A Bill to be entitled an Act to be known as the "Georgia Vaccine Permit Act" to safeguard the public health and promote the public welfare and for other purposes.
TUESDAY, MARCH 9, 1965
1953
The following amendments were read and adopted:
Messrs. Pope of Cherokee, Overby and Williams of Hall moves to amend HB 524 as follows:
By striking from the first and fifth lines of the title the word "vaccine" and inserting in lieu thereof the word "biological".
By striking from Section 1 the word "Vaccine" and inserting in lieu thereof the word "Biological".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. From and after the passage of this Act, the De partment shall require and provide for the registration of every producer, manufacturer, or distributor selling, offering for sale, exposing for sale, distributing or storing for sale any biological as defined by Dorland's Illustrated Medical Dictionary, 23rd Edition, or any supplement thereto, the same to be intended for use in the diagnosis, cure, treatment and prevention of diseases in creatures other than man. Any person, firm, corporation or co-partnership desiring to operate, maintain, open or establish such a business in regard to biologicals as stated above shall apply to the Department of Agriculture for a permit to do so. The application for such permit shall be made on a form prescribed and furnished by the Commis sioner of Agriculture, which when properly executed, shall indicate the owner, manager, trustee, lessee, receiver or other person or persons desiring such permit, as well as the location of such busi ness. If said application is found satisfactory, the Commissioner of Agriculture shall issue to the applicant a permit for each said business for which application is made. Provided, however, that the provisions of this Section shall not apply to any department of Federal or State Government or any county board of health or to any person, firm, association or corporation whose primary use of such biologicals covered by this Act is the sale at retail to the general public. Permits used under this Act shall not be trans ferable."
By striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary to carry out the provisions and intention of this Act and not inconsistent with law. The Commissioner is hereby authorized to revoke or sus pend any permit issued under the provisions of this Act at any time when examination or inspection shall disclose a violation of any rule or regulation promulgated in accordance with this Act. Pro vided, however, that no license, permit or certificate or other similar right shall be revoked or suspended without opportunity for hearing in accordance with the Georgia Administrative Procedure Act."
1954
JOURNAL OF THE HOUSE,
By striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The following acts and the causing thereof within the State of Georgia are prohibited:
"(a) The manufacture, sale or delivery, holding or offering for sale of any biologicals that are adulterated or misbranded.
"(b) The receipt in commerce of any such biologicals that are adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise.
"(c) The dissemination of any false advertisement.
"(d) The refusal to permit entry or inspection or to permit the taking of a sample of any biologicals.
"(e) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Georgia, from whom he received in good faith the biological.
"(f) The removal or disposal of a detained or embargoed bi ologicals.
"(g) The adulteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act, with respect to a biologicals if such act is done while such biologicals is held for sale and results in such biologicals being misbranded.
"(h) The using, on the labeling of any biologicals or in any advertisement relating to such biologicals covered by this Act, or any representation or suggestion that such biologicals has been approved by the Department of Agriculture."
Mr. Murphy of Haralson moved to amend HB 524 by striking section 4 of said Bill and inserting in lieu thereof the following:
Section 4: Any person, firm, corporation, co-partnership or per mittee who shall violate the provisions of Section 2 and 3 hereof shall be deemed guilty of a misdemeanor and punished or persecuted by Law as for a misdemeanor.
The Clerk was directed to change the word vaccine wherever it appears in the original Bill to biological.
TUESDAY, MARCH 9, 1965
1955
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 Anderson Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin Brantley Brinkley Brooks, Geo. B. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Davis Dean DeVane Dixon Dorminy Doster Duncan, A. C. Dunuwody Etheridge Farrar Floyd Gary Grahl Griffis Harrington Harris, J. F.
Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert Lane Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell
Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reid Rhodes Richardson Roberts Ross Rush Russell Savage Sewell Shea Shuman Simkins Simp son Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Spillers Steis Story Tabb Thomason Tidwell Tucker, Ray M.
1956
Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins
JOURNAL OF THE HOUSE,
Watson Wells White Wiggins Williams, G. J.
Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Alien Balkcom Bolton Bowen, R. L. Branch Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Collins, J. F. Conger Conner Crowe Dailey DeLoaeh Dickinson Dollar Duncan, V. W. Evans Flynt
Fulford Griffin Hale Hall Harrell Harris, J. R. Harris, R. W. Irvin Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Matthews, D. R. McClelland McDaniell Moate Moore, Don C.
Peterson Poss Reaves Rodgers, H. B. Rogers, Jimmie Roper Rowland Simmons Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Stalnaker Strickland Sweat Thomas Tucker, J. B. Walker Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Pope of Cherokee moved that HB 524 be immediately transmitted to the Senate.
The motion prevailed and HB 524 was ordered immediately transmitted to the Senate.
Messrs. Pope and Coker of Cherokee:
Bill to be entitled an Act to amend an Act, relating to the exemption oroperty from taxation, so as to redefine the word "production" and other purposes.
TUESDAY, MARCH 9, 1965
1957
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Brantley Brinkley Brown, Gene Busbee Bynum Caldwell Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Davis Dean DeLoach DeVane Dixon Dorminy Duncan, V. W. Evans Parrar Floyd Grahl Griffin Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Moses Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes
1958
Spillers Steis Story Strickland Tabb Thomas Thomason Tidwell
JOURNAL OF THE HOUSE,
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins
Watson Wells Williams, W. M. Wilson Woodward Wright
Voting in the negative was Mr. Wiggins.
Those not voting were Messrs.:
Bowen, R. L. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, M. P. Byrd Carr Clarke, H. G. Conger Crowe Dailey Dickinson Dollar Doster Duncan, A. C. Dunwody Etheridge
Flynt Fulford Gary Griffis Hale Hall Harrell Henderson Howell Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly Laite Lambert Lee, F. S.
Lee, G. B. McClelland McCracken Milhollin Moate Reaves Reid Rodgers, H. B. Roper Simmons Smith, E. B. , Jr. Stalnaker Sweat White Williams, G., J. Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Clarke of Monroe stated that he would like to be recorded as voting "Aye".
Mr. Pope of Cherokee moved that HB 526 be immediately transmitted to the Senate.
The motion prevailed and HB 526 was ordered immediately transmitted to the Senate.
Under the General Order of Business, established by the Committee on Rules, the following Resolution of the House was again taken up:
TUESDAY, MARCH 9, 1965
1959
HE 225-612. By Mr. Conner of Jeff Davis:
A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose of studying fire insurance underwriting practices which prevail in the State, and for other purposes.
The following amendment was read and adopted:
Mr. Conner of Jeff Davis moves to amend HR 225-612 by adding the following immediately after the word committees in line 3 of the last paragraph of said Resolution: "The number of days for the study shall be 20 days."
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 Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Brinkley Bynum Caldwell Carr Chandler Coker, G., Dr. Coker, R. Collins, J. P. Colwell Conner Davis Dickinson Dixon
Duncan, V. W. Farrar Floyd Grahl Harrell Harris, J. F. Harris, J. R. Herndon Holder Houston Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett
Lowrey Luke Maddox Marshall Matthews, C. Mauney McDaniell McKemie Merritt Minge Mixon Moore, Don C. NeSmith, J. D. Newton, A. S. Oglesby Otwell Overby Pafford Page Parker Perry Pope Rainey Reaves Reid Rhodes Richardson
1960
Roberts Ross Rowland Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, A. B.
JOURNAL OF THE HOUSE,
Smith, Chas. C. Smith, J. R. Snow Spikes Spillers Steis Story Strickland Thomason Tidwell Tucker, J. B. Underwood
Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Woodward Wright
Voting in the negative were Messrs.: Brackin, Branch, Murphy and Nessmith.
Those not voting were Messrs.:
Balkcom Blalock Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Clark, J. T. Clarke, H. G. Collins, M. Conger Crowe Dailey Dean DeLoach DeVane Dollar Dorminy Doster Duncan, A. C. Dunwody Etheridge Evans Flynt Fulford Gary
Griffin Griffis Hale Hall Harrington Harris, R. W. Henderson Howell Johnson, B. Jones, C. M. Jones, G. Paul Kelly Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Matthews, D. R. Mauldin McClelland McCracken McRae Melton Milhollin Mitchell Moate Moore, J. H. Moses
Newton, D. L. Odom Paris Peterson Phillips, G. S. Phillips, L. L. Piekard Poss Potts Rodgers, H. B. Rogers, Jimmie Roper Rush Simmons Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Stalnaker Sweat Tabb Thomas Tucker, Ray M. Wells White Williams, W. M. Wilson Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 115, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
TUESDAY, MARCH 9, 1965
1961
Mr. Jones of Lumpkin moved that HR 225-612 be immediately transmitted to the Senate.
The motion prevailed and HR 225-612 was ordered immediately transmitted to the Senate.
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:
SB 93. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 34-802, relating to certain public officials being elected at the November election, so as to provide that such section shall not apply to members of county govern ing authorities under certain circumstances, and for other purposes.
The following amendment was read and adopted:
Mr. Moore of Stephens moves to amend SB 93 as follows:
By adding immediately after the figure and punctuation mark "34,200,", as it appears in the first quoted paragraph of Section 1 and in Section 34-802, the following:
"or any county possessing a population of not less than 18,100 nor more than 18,400,".
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 Ballard Barber
Beck Bedgood Black Blalock Bolton Bowen, J. O. Brackin
Brinkley Brown, Gene Busbee Bynum Carr Chandler Clark, J. T.
1962
JOURNAL OF THE HOUSE,
Clarke, H. G. Coker, R. Collins, J. F. Colwell Conner Davis DeVane Dickinson Dixon Dorminy Duncan, V. W. Dunwody Evans Floyd Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite
Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McDaniell McRae Melton Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Pafford Page Paris Parker Perry Phillips, L. L. Potts
Rainey Reaves Reid Richardson Roberts Rodgers, H. B. Ross Rush Russell Savage Sewell Shea Shuman Simkins Simpson Singer Smith, Chas. C. Smith, V. T. Snow Spillers Steis Story Strickland Thomason Tidwell Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson White Wiggins Woodward Wright
Those not voting were Messrs.:
Bagby Balkcom Blair Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Byrd Caldwell Coker, G., Dr. Collins, M.
Conger Crowe Dailey Dean DeLoach Dollar Doster Duncan, A. C. Etheridge Farrar Flynt Fulford Griffis
Hale Hall Harris, R. W. Henderson Houston Johnson, B. Jones, C. M. Jones, G. Paul Kelly Lambert Lane Lee, G. B. Mauldin
McClelland McCracken McKemie Milhollin Moate Otwell Overby Peterson Phillips, G. S. Pickard Pope
TUESDAY, MARCH 9, 1965
Poss Rhodes Rogers, Jimmie Roper Rowland Simmons Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikas
1963
Stalnaker Sweat Tabb Thomas Tucker, Ray M. Ware Wells Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 38. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to change certain definitions, cor rect typographical errors and make technical clarifications, and for other purposes.
The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend SB 38 as follows:
By adding in the title before the words "to provide that the Secre tary of State may engage the services of privately owned editorial and publication firms experienced in the publication of annotated law books to compile, index and publish rules of agencies as defined in said Act and the procedure connected therewith", the words "to provide for the filing of additional rules".
By adding a new Section to be known as Section 7 to read as follows:
"Section 7. Said Act is further amended by striking the period at the end of Subsection (a) of Section 5, and adding at the end thereof the following:
"and a certified copy of all rules which were adopted by such agency prior to the effective date of this Act, and which do not be come effective until after the effective date of this Act.",
so that when so amended Subsection (a) of Section 5 shall read as follows:
1964
JOURNAL OF THE HOUSE,
"(a) Within twenty (20) days after the effective date of this Act, each agency shall file with the Secretary of State a certified copy of all rules which were adopted by such agency prior to the effective date of this Act and which are still of full force and effect and a certified copy of all rules which were adopted by such agency prior to the effective date of this Act, and which do not become effective until after the effective date of this Act."
By renumbering Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 as Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 respec tively.
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 vete was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Blair Bowen, J. O. Brackin Branch Brinkley Brooks, Wilson Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dailey Davis Dean DeLoach DeVane Dickinson
Dixon Duncan, A. C. Etheridge Floyd Gary Griffin Griffis Hale Harris, J. F. Harris, R. W. Herndon Holder Houston Howell Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, W. H. Knight, D. W. Lambert Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Matthews, D. R.
Mauldin McKemie McRae Milhollin Minge Mitchell Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Otwell Overby Pafford Page Parker Pickard Pope Poss Reaves Rhodes Richardson Rogers, Jimmie Sewell Shea Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr.
Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Sweat
TUESDAY, MARCH 9, 1965
Tabb Thomas Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
1965
Walker Watson White Williams, G. J. Williams, W. M. Wilson Woodward
Those not voting were Messrs.:
Acree Bagby Black Blalock Bolton Bowen, R. L. Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Carr Chandler Colwell Conger Conner Dollar Dorminy Doster Duncan, V. W. Dunwody Evans Farrar Flynt Fulford Grahl Hall Harrell Harrington Harris, J. R.
Henderson Hudgins Hull Hutchinson Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Knight, W. D. Laite Lane Lee, W. J. (Bill) Leonard Looper Maddox Marshall Matthews, C. Mauney McClelland McCracken McDaniell Melton Merritt Mixon Moate Moore, Don C. Moses Murphy Odom Oglesby
Paris Perry Peterson Phillips, G. S. Phillips, L. L. Potts Rainey Reid Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Shuman Simkins Singer Smith, G. L. II Snow Strickland Tidwell Ware Watkins Wells Wiggins Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Lambert of Morgan moved that SB 38 be immediately transmitted to the Senate.
1966
JOURNAL OF THE HOUSE,
The motion prevailed and SB 38 was ordered immediately transmitted to the Senate.
Mr. Etheridge of Fulton arose on a point of personal privilege and addressed the House.
The following amendment to the Report of the Rules Committee was read and adopted:
Mr. Speaker:
Your Committee on Rules met on Tuesday, March 9, 1965, for the purpose of fixing the Calendar for the afternoon for said date, and, your Committee amends the Calendar fixed for Tuesday morning, March 9, 1965, by adding the following thereto, to wit:
HB 559. Liable suits for damage.
HR 240-665. Local Government Study Committee.
HR 241-677. Transfer land, Lowndes County.
SENATE
SB
28. Practice of law, requirements.
SB
33. Planning commissions, counties.
SB
34. Hospital Advisory Council, members.
SB
55. State banks, capital notes.
SB
76. Pardon and Paroles, conditional release.
SB
98. Milk Control Act, Amend.
The Speaker shall have the right to call up any of the Bills fixed on the Rules Calendar for Tuesday morning, March 9, 1965, and any of the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding,
Vice-Chairman.
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:
TUESDAY, MARCH 9, 1965
1967
HR 241-677. By Mr. Walker of Lowndes:
A Resolution authorizing the conveyance of a certain tract of land lo cated in Lowndes 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 Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Black Blair Brackin Brinkley Brooks, Wilson Byrd Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dickinson Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Gary Griffin Griffis
Harrell Harris, J. P. Harris, R. W. Henderson Herndon Holder Houston Howell Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Luke Maddox Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Merritt Milhollin
Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Oglesby Otwell Pafford Page Paris Parker Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Richardson Ross Rowland Rush Russell Sewell Shea Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spillers Steis Story Strickland
1968
Tabb Thomas Thomason Tucker, Ray M. Vaughn, C. R. Vaughan, D. N.
JOURNAL OF THE HOUSE,
Walker Watkins Watson Wells White Wiggins
Williams, G. J. Williams, W. M. Wilson Wfight
Those not voting were Messrs.:
Ballard Bedgood Blalock Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Chandler Clark, J. T. Conger Conner Dean Dixon Dollar Dorminy Doster Farrar Floyd Flynt Fulford
Grahl Hale Hall Harrington Harris, J. R. Hudgins Hull Hutchinson Irvin Johnson, B. Jones, C. M. Kelly Lewis, P. B. Lowrey Marshall Matthews, C. McClelland McKemie Melton Minge Moate Moore, Don C. Newton, D. L. Odom Overby Perry
Peterson Pickard Rainey Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Savage Shuman Simkins Simmons Singer Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Sweat Tidwell Tucker, J. B. Underwood Ware Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Walker of Lowndes moved that HR 241-677 be immediately transmitted to the Senate.
The motion prevailed and HR 241-677 was ordered immediately transmitted to the Senate.
TUESDAY, MARCH 9, 1965
1969
SB 98. By Senator Pennington of the 45th:
A Bill to be entitled an Act to amend an Act, creating the Georgia Milk Commission and defining its 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. O. Brackin Brantley Brinkley Busbee Byrd Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Dixon Doster Duncan, A. C. Dunwody
Farrar Gary Grahl Griffin Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Matthews, D. R. Mauldin Mauney
McCracken McKemie McRae Melton Merritt Milhollin Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Richardson Ross Rowland Rush Savage Sewell
1970
Shea Simkins Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Spillers Steis Story
JOURNAL OF THE HOUSE,
Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Bedgood Bolton Bowen, R. L. Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Bynum Caldwell Carr Clark, J. T. Conger Dickinson Dollar Dorminy Duncan, V. W. Etheridge Evans Floyd Flynt Fulford
Hale Hall Harrell Harrington Irvin Jones, C. M. Jones, G. Paul Jordan, Ben C. Kelly Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lowrey Marshall Matthews, C. McClelland McDaniell Minge Moate Moore, Don C. Page Peterson
Pickard Rainey Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Shuman Simmons Singer Smith, G. L. II Smith, J. R. Snow Spikes Stalnaker Tucker, J. B. Ware White Wilson Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 28. By Senators Coggin of the 35th and Salome of the 36th: A Bill to be entitled an Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of Law, so as to change the educational requirements for applicants for admission to the practice of law, and for other purposes.
Mr. NeSmith of Meriwether moved that further consideration on SB 28 be indefinitely postponed.
TUESDAY, MARCH 9, 1965
1971
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Arnsdorff Balkcom Ballard Barber Beck Blalock Brackin Brown, Gene Bynum Caldwell Clarke, H. G. Coker, R. Collins, J. F. Colwell Conner Crowe Dailey Dickinson Doster Duncan, V. W. Dunwody Evans Gary Grahl Griffin Harrell Harrington
Henderson Herndon Holder Houston Howell Hudgins Hutchinson
Irvin Jessup Johnson, Dr. A. S. Jordan, Ben C. Knight, D. W. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lovett Marshall Matthews, D. R. McDaniell McKemie Melton Mitchell Moore, Don C. Moore, J. H.
Moses NeSmith, J. D. Newton, A. S. Pafford Parker Perry Phillips, G. S. Phillips, L. L. Poss Reid Roberts Rodgers, H. B. Rush Savage Spillers Stalnaker Story Sweat Tabb Thomas Thomason Tidwell Underwood Watson Williams, W. M. Wilson
Those voting in the negative were Messrs.:
Abney Alien Bagby Bedgood Blair Bolton Branch Brinkley Brooks, Wilson Carr Chandler Coker, G., Dr. Collins, M. Dean DeLoach DeVane Duncan, A. C.
Farrar Griffis Hale Harris, J. F. Harris, J. R. Harris, R. W. Jones, F. C. Jones, M. Knight, W. D. Lambert Lewis, E. B. Lowrey Maddox Matthews, C. Mauldin McCracken
McRae
Merritt Milhollin Minge Mixon Murphy Odoni Otwell Overby Page Paris Pope Potts Reaves Rhodes Richardson Ross Rowland
1972
Sewell Shea Simkins Simpson Smith, A. B. Smith, G. L. II Smith, V. T. Snow
JOURNAL OF THE HOUSE,
Spikes Steis Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watkins
Wells White Wiggins Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Acree Black Bowen, J. 0. Bowen, R. L. Brantley Brooks, Geo. B. Brown, M. P. Busbee Byrd Clark, J. T. Conger Davis Dixon Dollar Dorminy Etheridge Floyd
Flynt Fulford Hall Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly Laite Luke Mauney McClelland Moate Nessmith, P. Newton, D. L. Oglesby
Peterson Pickard Rainey Rogers, Jimmie Roper Russell Shuman Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Strickland Ware Mr. Speaker
On the motion to indefinitely postpone, the ayes were 82, nays 73.
The motion prevailed and SB 28 was indefinitely postponed.
SR 14. By Senators Pennington of the 45th, Loggins of the 53rd, and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States, and for other purposes.
The following Committee substitute was read and adopted:
COMMITTEE SUBSTITUTE FOR SR NO. 14 A RESOLUTION
Requesting Congress to call a Convention for the purpose of propos ing an Amendment to the Constitution of the United States; and for other purposes.
TUESDAY, MARCH 9, 1965
1973
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body respectfully petitions the Congress of the United States to call a Convention for the purpose of proposing the following Article as Amendment to the Constitution of the United States.
"ARTICLE ......
"Section 1. Nothing in this Constitution shall prohibit any state which shall have a bicameral legislature from apportioning the membership of one house of such legislature on factors other than population, provided that the plan of such apportionment shall have been submitted to and approved by a vote of the electorate of that state.
"Section 2. Nothing in this Constitution shall restrict or limit a state in its determination of how membership of governing bodies of its subordinate units shall be apportioned.
"Section 3. This article shall be inoperative unless its shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the States by the Congress."
BE IT FURTHER RESOLVED that if Congress shall have proposed an Amendment to the Constitution identical with that contained in this Resolution prior to June 1, 1965, this application for a Convention shall no longer be of any force or effect.
BE IT FURTHER RESOLVED that a duly attested copy of this Resolution be immediately transmitted by the Clerk of the House to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States and to each member of the Congress from this State.
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 Arnsdorff Bagby
Balkcom Ballard Barber Beck Bedgood Black
Blair Blalock Bolton Brackin Branch Brantley
1974
JOURNAL OF THE HOUSE,
Brinkley Brooks, Geo. B. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Evans Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B.
Jones, F. C. Jones, G. Paul Jordan, Ben C. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B.
Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moore, Don C. Moore, J. H.
Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry
Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Reaves Reid Rhodes Rodgers, H. B. Ross Rowland Rush Russell Savage Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Stalnaker Steis Story Strickland Sweat Tabb Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Dunwody Farrar Jones, M.
Laite Richardson Sewell
Spillers
TUESDAY, MARCH 9, 1965
Those not voting were Messrs.:
Bowen, J. 0. Bowen, R. L. Brooks, Wilson Brown, Gene Brown, M. P. Conger Davis Dollar Etheridge Floyd Flynt Pulford Gary Griffis
Hall Harris, J. R. Jones, C. M. Jordan, W. H. Kelly Lambert Lee, W. J. (Bill) McClelland Melton Moate Pickard Rainey Roberts Rogers, Jimmie
1975
Roper Shea Shuman Simmons Singer Smith, Chas. C. Spikes Thomas Tidwell Ware Wiggins Mr. Speaker
On the adoption of the Resolution, by Substitute, the ayes were 157, nays 7.
The Resolution, having received the requisite constitutional majority, was adopted, by Substitute.
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 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others:
A Bill to amend Code Sec. 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives, and for other purposes.
1976
JOURNAL OF THE HOUSE,
The following Senate amendments were read:
Senate Rules Committee moves to amend HB 367 as follows:
By striking all the language from Section 1 relating to Districts 101, 102 and 103 and inserting in lieu thereof the following:
"District 101: That portion of Cobb County embraced within State Senatorial District No. 32 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964 ,p. 127) -- 2 Representatives.
"District 102: That portion of Cobb County embraced within State Senatorial District No. 33 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964 ,p. 127) -- 2 Representatives.
"District No. 103: Cobb--1 Representative."
By striking from the end of Section 1 the following:
"Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Repre sentatives, provided that in Representative Districts that remain the same as the county from which a Representative or Representatives was elected to serve for the period beginning on the second Monday in January, 1965 until the second Monday in January, 1967, under the laws of the State of Georgia, said Representatives shall remain in office and complete the terms they were elected for under the laws and Constitution of the State of Georgia. The Attorney General of the State of Georgia is hereby directed to petition the United States Courts to seek their permission for such Representa tives to serve until the second Monday in January, 1967."
and inserting in lieu thereof the following:
"Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Repre sentatives."
Mr. Adams of the 26th and Bateman of the 27th moves to amend HB 367 as follows:
By striking from Section 1 thereof the following:
"District No. 107: That portion of Bibb County embraced within State Senatorial District No. 26 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by
TUESDAY, MARCH 9, 1965
1977
an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--1 Representative.
"District No. 108: That portion of Bibb County embraced within State Senatorial District No. 27 as provided in Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. Laws 1964, p. 127)--1 Representative.
"District No. 109: Bibb--1 Representatives."
By renumbering Districts Nos. 110 through 127 as Districts Nos. 112 through 129, respectively.
By inserting immediately after the following "District No. 106: Richmond--2 Representatives.", the following:
"District No. 107: That portion of Bibb County embraced within the following precincts of Bibb County: Howard 3, Howard 4, Heward 5, Howard 6, Vineville 6, Upper City, East Macon 4 and East Macon 5--1 Representative.
"District No. 108: That portion of Bibb County embraced within the following precincts of Bibb County: Rutland 2, Godfrey 2, Godfrey 4, East Macon 1, East Macon 2, East Macon 3, East Macon 6, East Macon 7 and Lower City--1 Representative.
"District No. 109: That portion of Bibb County embraced within the following precincts of Bibb County: Hazzard, Warrior, Howard 1, Howard 2, Vineville 1, Vineville 2, Vineville 3, Vineville 4, Vineville 5 and Vineville 7--1 Representative.
"District No. 110: That portion of Bibb County embraced within the following precincts of Bibb County: Godfrey 1, Godfrey 3, Godfrey 5, Godfrey 6, Godfrey 7, Godfrey 8, Godfrey 9, Godfrey 10 and Rutland 1--1 Representative.
"District No. Ill: Bibb--2 Representatives."
The Fulton Delegation moves to amend: House Bill No. 367 (COM MITTEE SUBSTITUTE) (AM) as passed House, by striking in Section 1, page 7, beginning with the Paragraph "District No. 120" and ending with the words "District No. 127, Fulton--3 Representatives" on page 8, and substituting in lieu thereof the following:
District No. 120: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Beecher Court and Beecher Street; extending east along Beecher Street to Donnelly Avenue; southeast
1978
JOURNAL OF THE HOUSE,
along Donnelly Avenue to Hall Street; southwest along Hall Street to Richland Road; west along Richland Road to Westmont Road; south along Westmont Road to Avon Avenue; east along Avon Avenue to Lorenzo Drive; south along Lorenzo Drive to the 1951 City Limits; southwest along the 1951 City Limits to Venetian Drive; west along Venetian Drive to Sandtown Road; thence northwest along Sandtown Road to Cascade Road; thence east and northeast along Cascade Road to Cascade Circle; north along Cascade Circle to the south line of John A. White Park; northwest, north and east along the property line of John A. White Park to North Utoy Creek; southeast and east along North Utoy Creek to the southerly projection of Beecher Court; north along the southerly projection of Beecher Court and Beecher Court to Beecher Street at the point of beginning.
Also
Beginning at the intersection of Peyton Road and North Utoy Creek; extending generally east along North Utoy Creek to the north property line of John A. White Park; west, south and southeast along the property line of John A. White Park to Cascade Circle; south along Cascade Circle to Cascade Road; southwest and west along Cascade Road to Veltre Circle; north and northeast along Veltre Circle to Sewell Road at Peyton Road; northwest and north along Peyton Road to North Utoy Creek at the point of beginning.
Also
Beginning at the intersection of Lawton Street and Beecher Street; extending east along Beecher Street to Lee Street; south along Lee Street to the Central of Georgia Railroad; southwest along the Central of Georgia Railroad to the L&N Railroad; northwest along the L&N Railroad to Lawton Street; northeast along Lawton Street to Beecher Street at the point of beginning.
Also
Beginning at the intersection of North Utoy Creek and Peyton Road; extending south and southeast along Peyton Road to Sewell Road at Veltre Circle; southwest and south along Veltre Circle to Cascade Road; west along Cascade Road to the City Limits; generally north along the City Limits to North Utoy Creek; generally southeast along North Utoy Creek to Peyton Road at the point of beginning.
Also
Beginning at the intersection of the Central of Georgia Railway and the L&N Railroad; extending southwest along the Central of Georgia Railway to the north boundary line of Fort McPherson at the 1951 City Limits; thence generally west and northeast along the 1951 City Limits to Lorenzo Drive; north along Lorenzo Drive to Avon Avenue; west along Avon Avenue to Westmont Road; north along Westmont Road to Richland Road; east along Richland Road to Hall Street; northeast along Hall Street to Donnelly Avenue; northeast along
TUESDAY, MARCH 9, 1965
1979
Lawton Street to the L&N Railroad; southeast along the L&N Rail road to the Central of Georgia Railway at the point of beginning.
Also
All of Georgia Militia District 731 (Sandtown District) except Census district F-78, as per the Census Tract Street Index, Atlanta Standard Metropolitan Statistical Area, prepared by and on file in the office of the Atlanta Region Metropolitan Planning Commission, 900 Glenn Building, Atlanta 3, Georgia, April 1962.
District No. 121: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Childress Drive and Cascade Road; extending east along Cascade Road to Venetian Drive; southeast along Venetian Drive to DeLowe Drive; generally south along DeLowe Drive to the City Limits; generally west and south along the City Limits to Childress Drive; northwest and north along Childress Drive to Cascade Road at the point of beginning.
Also
Beginning at the intersection of Venetian Drive at Cascade Road; extending east along Cascade Road to Sandtown Road; southeast along Sandtown Road to Venetian Drive; east along Venetian Drive to the 1951 City Limits; southwest, northeast and east along the 1951 City Limits to the Central of Georgia Railway; south along the Central of Georgia Railway to the City Limits; generally west along the City Limits to DeLowe Drive; north along DeLowe Drive to Venetian Drive; northwest along Venetian Drive to Cascade Road at the point of beginning.
Also
All of the City of East Point except Precinct A of Ward 2. Also
All of Second Ward of City of East Point. Also
District No. 122: To have one representative and to consist of the following described areas in Fulton County, Georgia:
All of Georgia Militia District 499 (Red Oak). Also
All of Georgia Militia District 1204 (Union).
1980
JOURNAL OF THE HOUSE,
Also
All of Georgia Militia District No. 1615 (College Park), including all of the City of College Park.
Also
All of Precinct A of Ward 2 of the City of East Point.
District No. 123: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Fairburn Road and Stone Road; extending southeast along Stone Road to the City Limits; generally south, west, north and east along the City Limits to Fairburn Road at the northeast corner of Land Lot 8, 14th District (formerly Fayette County), Fulton County; south along Fairburn Road to Stone Road at the point of beginning.
Also
Beginning at the intersection of Cascade Road and Childress Drive; south and southeast along Childress Drive to the City Limits; generally south along the City Limits to Stone Road; northwest along Stone Road to Fairburn Road; north along Fairburn Road to the City Limits; north, east and north along the City Limits to Cascade Road; southeast along Cascade Road to Childress Drive at the point of beginning .
Also
All of the following Militia Districts:
GM District 734. (Old Ninth) GM District 733. (Campbellton) GM District 1165. (Rivertown) GM District 757. (Goodes) GM District 652. (Palmetto) GM District 1134. (Fairburn) GM District 1725. (Union City)
District No. 124: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Whitehall Street and McDaniel Street; extending south along McDaniel Street and the southerly projection of McDaniel Street to the A&WP Railroad; west along the A&WP Railroad to the L&N Railroad; northwest along the L&N Rail road to the Central of Georgia Railway; northeast along the Central
TUESDAY, MARCH 9, 1965
1981
of Georgia Railway to Whitehall Street; northeast along Whitehall Street to McDaniel Street at the point of beginning.
Also
Beginning at the intersection of Simpson Street and the W&A Railroad; extending southeast along the W&A Railroad to Whitehall Street; southwest along Whitehall Street to the Central of Georgia Railway at Park Street; northeast along the Central of Georgia Railway to Fair Street; northwest along Fair Street to Walker Street; northeast along Walker Street to Nelson Street; northeast along Nelson Street to Elliott Street; north along Elliott Street, with offsets westerly at Mitchell Street and easterly at Block Place to Simpson Street; east along Simpson Street to the W&A Railroad at the point of beginning.
Also
Beginning at the intersection of Butler Street and the Georgia Railroad; extending east along the Georgia Railroad to Oakland Avenue; south along Oakland Avenue to Memorial Drive; west along Memorial Drive to Kelly Street; south along Kelly Street to Glenwood Avenue; west along Glenwood Avenue to Connally Street; south along Connally Street to Fulton Street; west along Fulton Street, with off-set north at Martin Street, to Capitol Avenue; north along Capitol Avenue to southwest projection of Butler Street; northeast along southwest pro jection of Butler Street and Butler Street to Georgia Railroad at point of beginning.
Also
Beginning at the intersection of McDaniel Street and Georgia Avenue; extending east along Georgia Avenue to Capitol Avenue; south along Capitol Avenue to A&WP Railroad; southwest and west along A&WP Railroad to southerly projection of McDaniel Street; north along southerly projection of McDaniel Street and McDaniel Street to Georgia Avenue at point of beginning.
Also
Beginning at the intersection of Whitehall Street and the W&A Railroad; extending southeast along the W&A Railroad to the Georgia Railroad; continuing southeast along the Georgia Railroad to Butler Street; southwest along Butler Street and the projection of Butler Street to Capitol Avenue; south along Capitol Avenue to Georgia Avenue; west along Georgia Avenue to McDaniel Street; north and northwest along McDaniel Street to Whitehall Street; northeast along Whitehall Street to the W&A Railroad at point of beginning.
Also
District No. 125: To have one representative and to consist of the following described areas in Fulton County, Georgia:
1982
JOURNAL OF THE HOUSE,
All of the Third Ward of City of East Point lying north of a line consisting of E. Taylor, Holcomb Avenue and Calhoun Avenue, extended due east to City Limits.
Also
Beginning at the Intersection of the Central of Georgia Railway and Astor Avenue; extending easterly along Astor Avenue to Sylvan Road; north along Sylvan Road to Bridgewater Street; east along Bridgewater Street to Lisbon Drive; south and east along Lisbon Drive to Brewer Boulevard; south along Brewer Boulevard to the Westerly Projection of the north line of Stewart-Lakewood Shopping Center; east along the north line of the Stewart-Lakewood Shopping Center to Stewart Avenue; south along Stewart Avenue to Lakewood Avenue; east along Lakewood Avenue to the South Expressway; southeast and south along the South Expressway to the City Limits at Mount Zion Road; generally west, north and west along the City Limits line to the Central of Georgia Railway: north along the Central of Georgia Railway to Astor Avenue at the point of beginning.
Also
Beginning at the Intersection of the Central of Georgia Railway and the L&N Railroad; southeast along the L&N Railroad to the South Expressway; southwest along the South Expressway to Lakewood Avenue; west along Lakewood Avenue to Stewart Avenue; North along Stewart Avenue to the Easterly Projection of the south line of Perkerson Park; west along the Easterly Projection of Perkerson Park and the south line of Perkerson Park to the west line of Perkerson Park; north along the west line of Perkerson Park to Deckner Avenue; west along Deckner Avenue with southerly offset at Sylvan Road to Langston Avenue; northwest along Langston Avenue to the Central of Georgia Railway; northeast along the Central of Georgia Railway to the L&N Railroad at the point of beginning.
Also
Beginning at the Intersection of the Central of Georgia Railway and Langston Avenue; extending southeast along Langston Avenue to Deckner Avenue; east along Deckner Avenue, with northerly offset at Sylvan Road, to the west line of Perkerson Park; south along the west line of Perkerson Park to the south line of Perkerson Park; east along the south line of Perkerson Park and the Easterly Projection to Stewart Avenue; south along Stewart Avenue to the north line of the StewartLakewood Shopping Center; west along the north line of the StewartLakewood Shopping Center and the Westerly Projection to Brewer Boulevard; north along Brewer Boulevard to Lisbon Drive; west and north along Lisbon Drive to Bridgewater Street; west along Bridgewater Street to Sylvan Road; south along Sylvan Road to Astor Avenue; west along Astor Avenue to the Central of Georgia Railway; north along the Central of Georgia Railway to Langston Avenue at the point of beginning.
TUESDAY, MARCH 9, 1965
1983
Also
Beginning at the Intersection of Central of Georgia Railroad and Astor Avenue; thence extending easterly along Astor Avenue to Sylvan Road; thence south along Sylvan Road to East Point City Limits; thence west along East Point City Limits to Central of Georgia Railroad; thence north along the Central of Georgia Railroad to point of beginning.
District No. 126: To have one representative and to consist of the following described areas in Fulton County, Georgia:
All of the Militia District 1589, including the City of Hapeville.
Also
All of Fourth Ward of City of East Point. Also
That portion of Third Ward of City of East Point lying south of E. Taylor, Holcomb and Calhoun Avenues, extended east to City Limits.
Also
Beginning at the corner of Sylvan Road and the northeast corner of the City Limits of the City of East Point; thence north along Sylvan Road to Bridgewater Street; thence east along Bridgewater Street to Lisbon Drive; thence south and east along Lisbon Drive to Brewer Boulevard; thence south along Brewer Boulevard to the westerly pro jection of the north line of Stewart-Lakewood Shopping Center; thence east along the north line of the Stewart-Lakewood Shopping Center to Stewart Avenue; thence east along Lakewood Avenue to the South Expressway; thence southeast and south along the South Expressway to the City Limits of Atlanta at Mount Zion Road; thence generally west, north, and again west along the Atlanta City Limits line to the northeast corner of the City Limits of East Point; thence west along the City Limits of East Point to Sylvan Road at the point of beginning.
District No. 127: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Memorial Drive and Kelly Street; extending east along Memorial Drive to Cherokee Avenue; south along Cherokee Avenue to Georgia Avenue; west along Georgia Avenue to Capitol Avenue; north along Capitol Avenue to Fulton Street; east along Fulton Street, with off-set south at Martin Street, to Connally Street; north along Connally Street to Glenwood Avenue; east along Glenwood Avenue to Kelly Street; north along Kelly Street to Memorial Drive at point of beginning.
Also
Beginning at the intersection of Oakland Avenue and the Georgia Railroad; extending northeast along the Georgia Railroad to the
1984
JOURNAL OF THE HOUSE,
northerly projection of Pearl Street; south along the northerly projection of Pearl Street and Pearl Street to Memorial Drive; east along Memorial Drive to the A&WP Railroad; south and southwest along the A&WP Railroad to southerly projection of Cherokee Avenue; north along the southerly projection of Cherokee Avenue and Cherokee Avenue to Memorial Drive; west along Memorial Drive to Oakland Avenue; north along Oakland Avenue to the Georgia Railroad at point of beginning.
Also
Beginning at the intersection of Moreland Avenue and the Georgia Railroad; extending south along Moreland Avenue to Glenwood Avenue; west along Glenwood Avenue to the A&WP Railroad; north along the Georgia Railroad to Memorial Drive; west along Memorial Drive to Pearl Street; north along Pearl Street and the northerly projection of Pearl Street to the Georgia Railroad; northeast along the Georgia Railroad to Moreland Avenue at point of beginning.
Also
Beginning at the intersection of Moreland Avenue and Glenwood Avenue; extending south along Moreland Avenue to the 1951 City Limits 600 feet south of East Confederate Avenue; northwest along the 1951 City Limits to the A&WP Railroad; northeast along the A&WP Railroad to Glenwood Avenue; east along Glenwood Avenue to Moreland Avenue at point of beginning.
Also
Beginning at the intersection of Capitol Avenue and Georgia Avenue; extending east along Georgia Avenue to Cherokee Avenue; south along Cherokee Avenue and southerly projection of Cherokee Avenue to A&WP Railroad; west and southwest along A&WP Railroad to Capitol Avenue; north along Capitol Avenue to Georgia Avenue at the point of beginning.
District No. 128: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of the South Expressway and the A&WP Railroad; northeast along the A&WP Railroad to Capitol Avenue; south along Capitol Avenue to Claire Drive; northwest along Claire Drive to Pryor Road; north along Pryor Road to Hipp Street; west along Hipp Street and the Westerly Projection to the South Expressway; northeast along the South Expressway to the A&WP Railroad at the point of beginning.
Also
Beginning at the Intersection of Claire Drive and Capitol Avenue, south along the west line of Land Lots 58 and 59 to South River; southeast along South River to Browns Mill Road; southwest along
TUESDAY, MARCH 9, 1965
1985
Browns Mill Road to Cleveland Avenue; west along Cleveland Avenue to the South Expressway; north along the South Expressway to the Westerly Projection of Hipp Street; east along Hipp Street to Pryor Road; south along Pryor Road to Clair Drive; southeast along Claire Drive to Capitol Avenue at the point of beginning.
Also
Beginning at the Intersection of the South Expressway and Cleve land Avenue; east along Cleveland Avenue to Browns Mill Road; south, southeast and southwest along Browns Mill Road to the Central of Georgia Railway; northwest along the Central of Georgia Railway to the City Limits at the South Expressway; north along the South Expressway to Cleveland Avenue at the point of beginning.
Also
Beginning at the Intersection of Browns Mill Road and Springside Drive; east along Springside Drive to Humphries Drive; south along Humphries Drive to School Drive; east along School Drive to Jonesboro Road; north along Jonesboro Road to Hutchens Road; southeast along Hutchens Road to Forrest Park Road, south along Forrest Park Road to the Circumferential Expressway to the City Limits at the FultonDeKalb Line; south, west, north and east along the City Limits to the Central of Georgia Railway; southeast along the Central of Georgia Railway to Browns Mill Road; northeast, north, and northwest along Browns Mill Road to Springside Drive at the point of beginning.
District No. 129: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the Intersection of Capitol Avenue and Meldon Avenue; east and northeast along Meldon Avenue to Jonesboro Road; northeast along Margaret Street, with northerly offset at Lakewood Avenue, to the Southern Railway; southeast along the Southern Railway to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to Constitution Road; west along Constitution Road to Jonesboro Road; northwest along Jonesboro Road to Harper Road; west along Harper Road to Burroughs Avenue; south along Burroughs Avenue to McWilliams Road; west along MeWilliams Road to Browns Mill Road; west and southwest along Browns Mill Road to South River; northwest along South River to the west line of Land Lot 59, 14th District, Fulton County; north along the west line of Land Lot 59, Land Lot 58 and Capitol Avenue to Meldon Avenue at the point of beginning.
Also
Beginning at the Intersection of Boulevard and the A&WP Rail road; northeast along the A&WP Railroad to the 1951 City Limits 600 feet south of East Confederate Avenue; southeast along the 1951 City Limits to Moreland Avenue; south along Moreland Avenue to the Southern Railway; northwest along the Southern Railway to Sawtell Avenue; north along Sawtell Avenue to McDonough Boulevard; east
1986
JOURNAL OF THE HOUSE,
along McDonough Boulevard to Boulevard; north along Boulevard to the A&WP Railroad at the point of beginning.
Also
Beginning at the Intersection of Capitol Avenue and the A&WP Railroad; northeast along the A&WP Railroad to Boulevard; south along Boulevard to McDonough Boulevard; west along McDonough Boulevard to Sawtell Avenue; south along Sawtell Avenue to the South ern Railway; northwest along the Southern Railway to the Easterly Pro jection of Margaret Street; west along Margaret Street with southerly offset at Lakewood Avenue to Jonesboro Road; west along Meldon Avenue to Capitol Avenue; north along Capitol Avenue to A&WP Railroad at the point of beginning.
Also
Beginning at the Intersection of Jonesboro Road and Constitution Road; east along Constitution Road to the City Limits of the FultonDeKalb County Line; South along the City Limits to the Circumferential Expressway; southwest along the Circumferential Expressway to Forrest Park Road; north along Forrest Park Road to Hutchens Road; northwest along Hutchens Road to Jonesboro Road; southwest along Jonesboro Road to School Drive; west along School Drive to Humphries Drive; northwest along Humphries Drive to Springside Drive; west along Springside Drive to Browns Mill Road; north and northeast along Browns Mill Road to McWilliams Road; east along McWilliams Road to Burroughs Avenue; north along Burroughs Avenue to Harper Road; east along Harper Road to Jonesboro Road; southeast along Jonesboro Road to Constitution Road at the point of beginning.
District No. 130: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Pharr Road and Peachtree Road; extending northeast along Peachtree Road to the City Limits; south along the City Limits to the Southern Railway; southwest along the Southern Railway to Lenox Road; northwest along Lenox Road to East Paces Ferry Road; southwest along East Paces Ferry Road to Piedmont Road; southeast along Piedmont Road to Pharr Road; west along Pharr Road to Peachtree Road at the point of beginning.
Also
Beginning at the intersection of Peachtree Road and Pharr Road; extending east along Pharr Road to Piedmont Road; northwest along Piedmont Road to East Paces Ferry Road; northeast along East Paces Ferry Road to Lenox Road; southeast along Lenox Road to the Southern Railway; southwest along the Southern Railway to the north line of Land Lot 48, 17th District, Fulton County; west along the north line of Land Lots 48 and 59 to East Wesley Road at Sharondale Drive; west along East Wesley Road to Peachtree Road; northeast along Peachtree Road to Pharr Road at the point of beginning.
TUESDAY, MARCH 9, 1965
1987
Also
Beginning at the intersection of the north line of Land Lot 48, 17th District, Fulton County and the Southern Railway; extending generally northeast along the Southern Railway to the City Limits; south along the City Limits to the north line of Land Lot 6, 17th District, Fulton County; west along the north line of Land Lots 6 and. 48 to the Southern Railway at the point of beginning.
Also
Beginning at the Intersection of the Southern Railway and Peachtree Creek; extending northeast along the Southern Railway to the north line of Land Lot 48, 17th District, Fulton County; east along the north line of Land Lots 48 and 6 to the Fulton-DeKalb County Boundary Line; south along the Fulton-DeKalb County Boundary Line to Peachtree Creek; thence generally southwest along Peach tree Creek to the Southern Railway at the point of beginning.
Also
Beginning at the Intersection of the Southern Railway and Peachtree Creek; northeast along Peachtree Creek to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to Meadowdale Avenue; southwest along Meadowdale Avenue to Wildwood Road; west along Wildwood Road to North Rock Spring Road; northwest along North Rock Spring Road to Piedmont Road; west along Rock Spring Road and Westerly Projection to the Southern Railway Belt Line; north along the Southern Railway Belt Line to the Southern Railway; north east along the Southern Railway to Peachtree Creek at the point of beginning.
District No. 131: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of the Southern Railway Belt Line and the Westerly Projection of Rock Spring Road; east along the Westerly Projection of Rock Spring Road and Rock Spring Road to Piedmont Avenue; southeast along North Rock Spring Road to Wildwood Road; northeast and east along Wildwood Road to Meadowdale Avenue; northeast along Meadowdale Avenue to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to University Drive; north west along University Drive to North Highland Avenue; southwest along North Highland Avenue to North Morningside Drive; northwest along North Morningside Drive to Yorkshire Road; west along York shire Road to Monroe Drive; northwest along Monroe Drive to Piedmont Avenue; southwest along Piedmont Avenue to the Southern Railway Belt Line; northwest along the Southern Railway Belt Line to the Westerly Projection of Rock Spring Road at the point of beginning.
Also
Beginning at the intersection of the Southern Railway Belt Line and Piedmont Avenue; northeast along Piedmont Avenue to Monroe Drive;
1988
JOURNAL OP THE HOUSE,
southeast along Monroe Drive to Yorkshire Road; east along Yorkshire Road to North Morningside Drive; southeast along North Morningside Drive to North Highland Avenue; south along North Highland Avenue to Amsterdam Avenue; west along Amsterdam Avenue to the Northerly Projection of Barnett Street; south along the Northerly Projection of Barnett Street and Barnett Street to St. Charles Avenue; west along St. Charles Avenue and its westerly projection to the Southern Railway Belt Line; northwest along the Southern Railway Belt Line to Piedmont Avenue at the point of beginning.
Also
Beginning at the intersectioin of Amsterdam Avenue and North Highland Avenue; north and northeast along North Highland Avenue to University Drive; southwest along Universitiy Drive to the FultonDeKalb County Line; south along the Fulton-DeKalb County Line to St. Charles Place; west along St. Charles Place and St. Charles Avenue to Barnett Street; north along Barnett Street and the northerly pro jection of Barnett Street to Amsterdam Avenue; east along Amsterdam Avenue to North Highland Avenue at the point of beginning.
Also
Beginning at the intersection of Tenth Street and Argonne Avenue; extending east along Tenth Street to the Southern Railway Belt Line; southeast along the Southern Railway Belt Line to North Avenue; west along North Avenue to Argonne Avenue; north along Argonne Avenue to Tenth Street at the point of beginning.
District No. 132: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the Intersection of Butler Street and Forrest Avenue; extending east along Forrest Avenue to Willoughby Way; east along Willoughby Way to the Southern Railway Belt Line; southwest along the Southern Railway Belt Line to Irwin Street; west along Irwin Street to Houston Street; southwest along Houston Street to Butler Street; north along Butler Street and its Northerly Projection to Forrest Avenue at the point of beginning.
Also
Beginning at the Intersection of Bedford Place and North Avenue; east along North Avenue to the Southern Railway Belt Line; southeast along the Southern Railway Belt Line to Willoughby Way; west along Willoughby Way to Forrest Avenue; west along Forrest Avenue to Bedford Place; north along Bedford Place to North Avenue at the point of beginning.
Also
Beginning at the Intersection of Houston Street and Butler Street; extending northeast along Houston Street to Irwin Street; east along
TUESDAY, MARCH 9, 1965
1989
Irwin Street to the Southern Railway Belt Line; southwest along the Southern Railway Belt Line to the Georgia Railroad; southwest and west along the Georgia Railroad to Butler Street; northeast and north along Butler Street to Houston Street at the point of beginning.
Also
Beginning at the intersection of Moreland Avenue and Austin Avenue; extending south along Moreland Avenue to the Georgia Rail road; southwest along the Georgia Railroad to the Southern Railway Belt Line; northeast along the Southern Railway Belt Line to North Highland Avenue; northeast along North Highland Avenue to Elizabeth Street; south along Elizabeth Street to Austin Avenue; east along Austin Avenue to Moreland Avenue at the point of beginning.
Also
Beginning at the intersection of Moreland Avenue and Austin Avenue, extending west along Austin Avenue to Elizabeth Street; north along Elizabeth Street to North Highland Avenue; southwest along North Highland Avenue to the Southern Railway Belt Line; northeast, north and northwest along the Southern Railway Belt Line to the westerly projection of St. Charles Avenue; east along the westerly projection of St. Charles Avenue and St. Charles Avenue to North Highland Avenue; east along St. Charles Place to the Fulton-DeKalb County Boundary Line; south along the Fulton-DeKalb County Boundary Line and Moreland Avenue to Austin Avenue at the point of beginning.
District No. 133: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the City Limits along the Chattahoochee River and the Southern Railway; southeast and east along the Southern Railway to Hollywood Road; south along Hollywood Road to Proctor Creek; thence generally northwest along Proctor Creek to the City Limits at the Chattahoochee River; northeast along the City Limits to the Southern Railway at the point of beginning.
Also
Beginning at the intersection of the City Limits at the Chatta hoochee River and Bankhead Highway; extending southeast along Bankhead Highway to Gary Road; south along Gary Road and the southerly projection of Gary Road, with westerly off-set at Baker Road, to Simpson Road; west along Simpson Road to Hightower Road; continuing west along Collier Drive to Gordon Road; northwest along Gordon Road to the City Limits; north and northeast along the City Limits to Bankhead Highway at the point of beginning.
Also
Beginning at the intersection of Bankhead Highway and the City Limits at the Chattahoochee River; extending northeast along the City
1990
JOURNAL OF THE HOUSE,
Limits to Proctor Creek; generally southeast along Proctor Creek to North Street; southwest along North Street to Ruth Street; west along Ruth Street to Gun Club Road; south along Gun Club Road to Holly wood Drive; southwest along Hollywood Drive to Hollywood Road; northwest along Hollywood Road to North Grand Avenue; southwest and south along North Grand Avenue, with westerly off-set at Sisk Street, to Bankhead Highway; west and northwest along Bankhead Highway to the City Limits at the Chattahoochee River at the point of beginning.
Also
Beginning at the intersectioin of Collier Drive and Linkwood Road; south along Linkwood Road to Gordon Road; east along Gordon Road to Harlan Road; south and east along Harlan Road to Peyton Road; south along Peyton Road to North Utoy Creek; generally west along the City Limits to Gordon Road; southeast along Gordon Road to Collier Drive; southeast along Collier Drive to Linkwood Road at the point of beginning.
Also
The area described on Census Tract F-78, as per the Census Tract Street Index, Atlanta Standard Metropolitan Statistical Area, prepared by and on file in the office of the Atlanta Region Metropolitan Planning Commission, 900 Glenn Building, Atlanta 3, Georgia, April 1962; except ing, however, any portion thereof embraced within any District specifi cally named herein.
District No. 134: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Simpson Street and the L&N Railroad; extending east along Simpson Street to Ashby Street; south along Ashby Street to Hunter Street; west and southwest along Hunter Street to the L&N Railroad; north along the L&N Railroad to Simpson Street at the point of beginning.
Also
Beginning at the intersection of Bankhead Highway and Gary Road; extending east and southeast along Bankhead Highway to the L&N Railroad; southeast along the L&N Railroad to Simpson Road; west along Simpson Road to the southerly projection of Gary Road, north along the southerly projection of Gary Road and Gary Road, with east erly off-set at Baker Road, to Bankhead Highway at the point of beginning.
Also
Beginning at the intersection of West Marietta Street and the L&N Railroad; extending east and southeast along West Marietta Street to
TUESDAY, MARCH 9, 1965
1991
Ashby Street; south along Ashby Street to Bankhead Avenue; west and southwest along Bankhead Avenue to the L&N Railroad; northwest along the L&N Railroad to West Marietta Street at the point of beginning.
Also
Beginning at the intersection of Hollywood Road and the Southern Railway; extending east and southeast along the Southern Railway to Marietta Road; south along Marietta Road to West Marietta Street; southeast along West Marietta Street to the L&N Railroad; southeast along the L&N Railroad to the line between 14th and 17th Districts, Fulton County; west along the line between 14th and 17th Districts to Proctor Creek; northwest along Proctor Creek to the east line of Land Lot 226, 17th District; north along the east line of Land Lot 226 to the north line of Land Lot 226; west along the north line of Land Lot 226 to Proctor Creek; generally northwest along Proctor Creek to Hollywood Road; north along Hollywood Road to the Southern Railway at the point of beginning.
Also
Beginning at the intersection of the L&N Railroad and Bankhead Avenue; extending northeast and east along Bankhead Avenue to Ashby Street; south along Ashby Street to Simpson Street; west along Simpson Street to the L&N Railroad; northwest along the L&N Railroad to Bankhead Avenue at the point of beginning.
Also
Beginning at the intersection of Bankhead Highway and North Grand Avenue; extending north and northeast along North Grand Avenue, with easterly off-set at Sisk Street, to Hollywood Road; southwest along Hollywood Road to Hollywood Drive; northeast along Hollywood Drive to Gun Club Road; north along Gun Club Road to Ruth Street; east along Ruth Street to North Street; northeast along North Street to the north line of Land Lot 226, 17th District; east along the north line of Land Lot 226 to the east line of Land Lot 226; south along the east line of Land Lot 226 to Proctor Creek; southeast along Proctor Creek to the line between 14th and 17th Districts; east along the District Line to the L&N Railroad; southeast along the L&N Railroad to Bankhead Highway; west along Bankhead Highway to North Grand Avenue at the point of beginning.
District No. 135: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Simpson Road and West Lake Avenue; extending south along West Lake Avenue to the A.C.L. Rail road; west along the A.C.L. Railroad to the west line of Land Lot 180, 14th District, Fulton County; north along the west, line of Land Lots 180 and 179 to Simpson Road to West Lake Avenue at the point of beginning.
1992
JOURNAL OF THE HOUSE,
Also
Beginning at the intersection of Linkwood Road and Collier Drive; extending east along Collier Drive to Hightower Road; continuing east along Simpson Road to the west line of Land Lot 179, 14th District, Fulton County; south along the west line of Land Lots 179 and 180 to the A.C.L. Railroad; southeast along the A.C.L. Railroad to Wilson Avenue; south along Wilson Avenue and the southerly projection of same to Gordon Road at the northwest corner of the Westview Cemetery property; south, west, south and east along the property line of Westview Cemetery to the northwest corner of Land Lot 171, 14th District, Fulton County; south along the west line of Land Lot 171 to North Utoy Creek; generally west along North Utoy Creek to Peyton Road; north along Peyton Road to Harlan Road; west and north along Harlan Road to Gordon Road; west along Gordon Road to Linkwood Road; northwest along Linkwood Road to Collier Drive at the point of beginning.
Also
Beginning at the intersection of Wilson Avenue and the A.C.L. Railroad; extending east along the A.C.L. Railroad to Chappell Road; south along Chappell Road to Mozley Place; east along Mozley Place to Chicamauga Avenue; south along Chicamauga Avenue to Westview Drive; east along Westview Drive to Holderness Street; south along Holderness Street, with westerly off-set at Gordon Street, and the southerly projection of Holderness Street to the L&N Railroad; north west along the L&N Railroad to Gordon Street; northwest along Gordon Street to the easternmost line of the Westview Cemetery property; thence generally south, west and north along the Westview Cemetery property to the northwest corner of said property on Gordon Road at Wilson Avenue; north along Wilson Avenue and the projection of same to the A.C.L. Railroad at the point of beginning.
District No. 136: To have one representative, and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Chappell Road and Hunter Street; extending east along Hunter Street to Ashby Street; south along Ashby Street to Westview Drive; west along Westview Drive to Chicamauga Avenue; north along Chicamauga Avenue to Mozley Place; west along Mozley Place to Chappell Road; north along Chappell Road to Hunter Street at the point of beginning.
Also
Beginning at the intersection of Holderness Street and Westview Drive; extending east along Westview Drive to Ashby Street; south along Ashby Street to Gordon Street; east along Gordon Street to the Central of Georgia Railway; south and southwest along the Central of Georgia Railway to Lee Street; north along Lee Street to Beecher Street; west along Beecher Street to Lawton Street; southwest along Lawton Street to the L&N Railroad; northwest along the L&N Railroad
TUESDAY, MARCH 9, 1965
1993
to the southerly projection of Holderness Street; north along the southerly projection of Holderness Street and Holderness Street, with easterly off-set at Gordon Street, to Westview Drive at the point of beginning.
Also
Beginning at the intersection of Beecher Street and Beecher Court; south along Beecher Court and its southerly projection of North Utoy Creek west and northwest along North Utoy Creek to the west line of Land Lot 171, 14th District, Pulton County; north along the west line of Land Lot 171 to the south line of the Westview Cemetery property; generally east and north along the Westview Cemetery property line to Gordon Street; southeast along Gordon Street to the L&N Railroad; southeast along the L&N Railroad to Lawton Street; southwest along Lawton Street to Donnelly Avenue; northwest along Donnelly Avenue to Beecher Street; west along Beecher Street to Beecher Court at the point of beginning.
Also
Beginning at the intersection of West Lake Avenue and Simpson Road; extending east along Simpson Road to the L&N Railroad; south along the L&N Railroad to Hunter Street; west along Hunter Street to Chappell Road; north along Chappell Road to the A.C.L. Railroad; southwest along the A.C.L. Railroad to West Lake Avenue; north along West Lake Avenue to Simpson Road at the point of beginning.
District No. 137: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Ashby Street and Greensferry Avenue; extending east along Greensferry Avenue to Lee Street; southeast along Lee Street to West End Avenue; southeast along West End Avenue to Lawn Street; southwest along Lawn Street to Hammond Street; southeast along Hammond Street to Park Street; east along Park Street to the Central of Georgia Railway; southwest along the Central of Georgia Railway to Gordon Street; west along Gordon Street to Ashby Street; north along Ashby Street to Greensferry Avenue at the point of beginning.
Also
Beginning at the intersection of Lee Street and Greensferry Avenue; extending east along Greensferry Avenue to Lawshe Street; north along Lawshe Street to Fair Street; east along Fair Street to Northside Drive; northeast along Northside Drive to Nelson Street; northeast along Nelson Street to Walker Street; southwest along Walker Street to Fair Street; southeast along Fair Street to the Central of Georgia Railway; southwest along the central of Georgia Railway to Park Street at Peters Street; west along Park Street to Hammond Street; northwest along Hammond Street to Lawn Street; northeast along Lawn Street
1994
JOURNAL OF THE HOUSE,
to West End Avenue; northwest along West End Avenue to Lee Street; north along Lee Street to Greensferry Avenue at the point of beginning.
Also
Beginning at the intersection of Ashby Street and Hunter Street; extending east along Hunter Street to Elliott Street; south along Elliott Street to Nelson Street; southwest along Nelson Street to Northside Drive; southwest along Northside Drive to Fair Street; west along Fair Street to Lawshe Street; south along Lawshe Street to Greensferry Avenue; west along Greensferry Avenue to Ashby Street; north along Ashby Street to Hunter Street at the point of beginning.
Also
Beginning at the intersection of Vine Street and Simpson Street; extending east along Simpson Street to Elliott Street; south along Elliott Street, with westerly off-set at Block Place, to Hunter Street; west along Hunter Street to Vine Street; north along Vine Street to Simpson Street at the point of beginning.
District No. 138: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the Intersection of Ashby Street and Simpson Street, extending east along Simpson Street to Vine Street; south along Vine Street to Hunter Street; west along Hunter Street to Ashby Street; north along Ashby Street to Simpson Street, at the point of beginning.
Also
Beginning at the Intersectioin of Bankhead Avenue and Ashby Street; extending east along Bankhead Avenue to the northerly pro jection of Vine Street; south along the northerly projection of Vine Street and Vine Street to Simpson Street; west along Simpson Street to Ashby Street; north along Ashby Street to Bankhead Avenue at the point of beginning.
Also
Beginning at the Intersection of Simpson Street and Vine Street; extending north along Vine Street and the Northerly Projection of Vine Street to Bankhead Avenue; east along Bankhead Avenue to the W&A Railroad; southeast and south along the W&A Railroad to Simpson Street; west along Simpson Street to Vine Street, at the point of beginning.
Also
Beginning at the Intersection of North Avenue and the W&A Rail road; extending northeast and east along North Avenue to Williams
TUESDAY, MARCH 9, 1965
1995
Street; south along Williams Street to Cain Street; west and southwest along Cain Street to the W&A Railroad; northwest along the W&A Railroad to North Avenue at the point of beginning.
Also
Beginning at the Intersection of Bankhead Avenue and Ashby Street; extending north along Ashby Street and the northerly projection of Ashby Street to the Southern Railway; northeast along the Southern Railway to Northside Drive; southeast along Northside Drive to Hemphill Avenue; southeast along Hemphill Avenue to State Street; south along State Street to North Avenue; southwest along North Avenue to the W&A Railroad; northwest along the W&A Railroad to Bankhead Avenue; west along Bankhead Avenue to Ashby Street at the point of beginning.
District No. 139: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of the North Expressway and Six teenth Street; east along Sixteenth Street to West Peachtree Street; south along West Peachtree Street to Fifteenth Street; east along Fifteenth Street to Piedmont Avenue; south along Piedmont Avenue to the west line of Land Lot 54; south along the west line of Land Lot 54 to Tenth Street; west along Tenth Street to the North Expressway; north along the North Expressway to Sixteenth Street at the point of beginning.
Also
Beginning at the intersection of Northside Drive and Southern Rail way; northeast along the Southern Railway to the Northwest Express way; southeast along the Northwest Expressway to the North Express way; south along the North Expressway to Tenth Street; east along Tenth Street to West Peachtree Street; south along West Peachtree Street to North Avenue; west along North Avenue to State Street; north along State Street to Hemphill Avenue; northwest along Hemphill Avenue to Northside Drive; northwest along Northside Drive to the Southern Railway, at the point of beginning.
Also
Beginning at the intersection of the Northwest Expressway and Southern Railway; northeast along the Southern Railway to the junc tion of the Southern Railway Belt Line; southeast along the Southern Railway Belt Line to Tenth Street; west along Tenth Street to the West Line of Land Lot 54; north along the West Line of Land Lot 54 to Piedmont Avenue; north along Piedmont Avenue to Fifteenth Street; west along Fifteenth Street to West Peachtree Street; north along West Peachtree Street to Sixteenth Street; west along Sixteenth Street to the North Expressway; north along the North Expressway to the Northwest Expressway; northwest along the Northwest Expressway to the Southern Railway at the point of beginning.
1996
JOURNAL OF THE HOUSE,
Also
Beginning at the intersection of Howell Mill Road and Northwest Expressway; extending southeast along the Northwest Expressway to the Southern Railway; southwest along the Southern Railway to Howell Mill Road; north along Howell Mill Road to a point 124 feet, more or less, south of Antone Street; east and north along the side and rear lines, respectively, of the Atlanta Fire Station, Number 23, property to Antone Street; west along Antone Street to Howell Mill Road; north along Howell Mill Road to the Northwest Expressway at the point of beginning.
Also
Beginning at the intersection of Tenth Street and Argonne Avenue, extending south along Argonne Avenue to North Avenue; west along North Avenue to West Peachtree Street; north along West Peachtree Street to Tenth Street; east along Tenth Street to Argonne Avenue at the point of beginning.
Also
Beginning at the intersection of Spring Street and North Avenue; extending east along North Avenue to Bedford Place; south along Bedford Place to Forrest Avenue; west along Forrest Avenue to Butler Street; south and southwest along Butler Street to the Georgia Railroad; northwest along the Georgia Railroad to the W&A Railroad; northwest along the W&A Railroad to Spring Street; northeast and north along Spring Street to North Avenue at the point of beginning.
Also
Beginning at the intersection of Williams Street and North Avenue; extending east along North Avenue to Spring Street; south and south west along Spring Street to the W&A Railroad; northwest along the W&A Railroad to Cain Street; northeast and east, with southeasterly offset at Luckie Street, to Williams Street; north along Williams Street to North Avenue at the point of beginning.
District No. 140: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at a point in Land Lot 23 of the 17th District of Fulton County, Georgia, at the point where Spalding Drive intersects the boundary line between Fulton County and DeKalb County; thence north along said boundary line to the point where the boundary line turns in an easterly direction, and following the boundary line between the two counties to its point of intersection with the boundary line between Fulton County and Gwinnett County; thence in a northeasterly direction along the boundary line between Fulton County and Gwinnett County to the center line of the Chattahoochee River; thence in a westerly, northerly, westerly and southerly direction along the center of the
TUESDAY, MARCH 9, 1965
1997
Chattahoochee River to the point along the eastern bank of the Chattahoochee River entered by Marsh Creek; thence westerly along said Marsh Creek to its point of intersection with Riverside Drive; thence in a northerly direction along the center line of Riverside Drive to its point of intersection with Dalrymple Road; thence easterly along the center line of Dalrymple Road to its point of intersection with Spalding Drive; thence northeasterly along the center line of Spalding Drive to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also
Beginning at the point of intersection between Mt. Vernon Highway and the boundary line between Fulton County and DeKalb County; thence north to the point of intersection between said boundary line and the center line of Spalding Drive; thence west along the center line of said Spalding Drive to its point of intersection with Dalrymple Road; thence west along the center line of Dalrymple Road to its point of intersection with Riverside Drive; thence westerly and southerly along the center line of Riverside Drive to its point of intersection with Marsh Creek; thence westerly along the center line of Marsh Creedo the center line of the Chattahoochee River; thence southwesterly along the center line of the Chattahoochee River to the Johnson Ferry Road Bridge; thence southeasterly along the center line of Johnson Ferry Road to its point of intersection with Mt. Vernon Highway; thence north easterly along the center line of Mt. Vernon Highway to its point of intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also
Beginning at the point of intersection between the Interstate Cir cumferential Highway (1-285) and the center line of Roswell Road; thence north along the center line of Roswell Road to its intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of the Chattahoochee River; thence in a southwesterly direction along the center line of the Chattahoochee River to the center line of 1-285; thence in a northeasterly direction along the center line of said 1-285 to its intersection with the center line of Roswell Road at the point of beginning.
Also
All of Fulton County lying north of Chattahoochee River and con sisting of the following Militia Districts:
G. M. District 845 (Roswell) G. M. District 1172 (New Town) G. M. District 842 (Old First) G. M. District 1227 (Big Creek) G. M. District 1176 (Alpharetta)
1998
JOURNAL OF THE HOUSE,
G. M. District 892 (Little River) G. M. District 823 (Double Branch)
District No. 141: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Northside Drive and Blackland Road; extending east and southeast along Blackland Road to Roswell Road; south along Roswell Road to Peachtree Road; southwest along Peachtree Road to West Wesley Road; west along West Wesley Road to Northside Drive; north along Northside Drive to Blackland Road at the point of beginning.
Also
Beginning at the intersection of Old Ivy Road and Roswell Road; extending north along Roswell Road to the City Limits; east along the City Limits to Peachtree-Dunwoody Road; south along Peach tree-Dunwoody Road to North Stratford Road; southwest and south along North Stratford Road to Wieuca Road; southeast along Wieuca Road to Old Ivy Road; west along Old Ivy Road to Roswell Road at the point of beginning.
Also
Beginning at the intersection of Roswell Road and Old Ivy Road; extending east along Old Ivy Road to Wieuca Road; northwest along Wieuca Road to North Stratford Road; north and northeast along North Stratford Road to Peachtree-Dunwoody Road; north along PeachtreeDunwoody Road to the City Limits; generally east and south along the City Limits to Peachtree Road; southwest along Peachtree Road to Roswell Road; north along Roswell Road to Old Ivy Road at the point of beginning.
Also
Beginning at the intersection of the center line of 1-285 and the boundary line between Fulton County and DeKalb County; thence north along said boundary between Fulton and DeKalb Counties to the point of intersection of said boundary line with Mt. Vernon Highway; thence in a southwesterly direction along the center line of said Mt. Vernon Highway to its point of intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of Roswell Road; thence south along the center line of Ros well Road to its point of intersection with 1-285; thence in an easterly direction along the center line of said 1-285 to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also
Beginning at the point of intersection between Windsor Parkway and the boundary line between Fulton County and DeKalb County;
TUESDAY, MARCH 9, 1965
1999
thence north along said boundary line to its intersection with the center line of 1-285; thence westerly along the center line of said 1-285 to its intersection with the center line of Lake Forrest Drive; thence south along the center line of Lake Forrest Drive to its point of intersection with Spruell Spring Road; thence easterly along the center line of said Spruell Spring Road to its intersection with Roswell Road; thence north along the center line of Roswell Road to its intersection with Forest Hills Drive; thence easterly along the center line of said Forest Hills Drive to its intersection with Highpoint Road; thence south along the center line of said Highpoint Road to its intersection with Windsor Parkway; thence easterly along the center line of said Windsor Parkway to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also
Beginning at the point of intersection of the most northerly city limit line of the City of Atlanta and the boundary line between Fulton County and DeKalb County; thence north along said boundary line between Fulton County and DeKalb County to the intersection of said boundary line between Fulton County and DeKalb County and Windsor Parkway; thence westerly along the center line of said Windsor Park way to its intersection with Highpoint Road; thence north along the center line of said Highpoint Road to the intersection of Forest Hills Drive; thence westerly along the center line of said Forest Hills Drive to the intersection of Roswell Road; thence south along the center line of said Roswell Road to its intersection with Spruell Spring Road; thence west along the center line of said Spruell Spring Road to its intersection with Lake Forrest Drive; thence south along the center line of said Lake Forrest Drive to the most northern city limit line of the City of Atlanta; thence east along said Atlanta City Limit line to its point of intersec tion with the boundary line between Fulton County and DeKalb County at the point of beginning.
District No. 142: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of the City Limits at the Chattahoochee River and the Seaboard Air Line Railway; extending southeast along the Seaboard Air Line Railway to Moores Mill Road; southwest along Moores Mill Road to Coronet Way; southeast along Coronet Way to LaDawn Lane; west along LaDawn Lane to Adams Drive; south along Adams Drive to Marietta Road; southeast along Marietta Road to the Southern Railway; northwest along the Southern Railway to the City Limits at the Chattahoochee River; northeast along the City Limits at the Chattahoochee River to the Seaboard Air Line Railway at the point of beginning.
Also
Beginning at the intersection of Moores Mill Road and Peachtree Creek; extending east along Peachtree Creek to Bohler Road; south along Bohler Road to DeFoors Ferry Road; south along DeFoors Ferry
2000
JOURNAL OP THE HOUSE,
Road to Collier Road; west along Collier Road to the Seaboard Air Line Railway; southeast along the Seaboard Air Line Railway to Ellsworth Industrial Drive; south along Ellsworth Industrial Drive to Elaine Ave nue; southwest along Elaine Avenue to Marietta Boulevard; southeast along Marietta Boulevard to west Marietta Street; west along west Marietta Street to Marietta Road; northwest along Marietta Road to Adams Drive; north along Adams Drive to LaDawn Lane; east along LaDawn Lane to Coronet Way; northwest along Coronet Way to Moores Mill Road; northeast along Moores Mill Road to Peachtree Creek at the
point of beginning.
Also
Beginning at the intersection of the City Limits at the Chattahoochee River and Peachtree Creek, extending generally east along Peachtree Creek to Moores Mill Road; southwest along Moores Mill Road to the Seaboard Airline Railway; thence northwest along the Seaboard Air line Railway to the City Limits at the Chattahoochee River; thence northeast along the City Limits to Peachtree Creek at the point of beginning.
Also
Beginning at the intersection of Northwest Expressway and Peachtree Creek extending generally west along Peachtree Creek to the City Limits at the Chattahoochee River; generally north along the City Limits at the Chattahoochee River to the Northwest Expressway; south east along the Northwest Expressway to Peachtree Creek at the point of beginning.
Also
Beginning at the intersection of Peachtree Creek and the Northwest Expressway; extending northwest along the Northwest Expressway to the City Limits; generally northeast and east along the City Limits to Northside Drive; generally southeast and south along Northside Drive to West Wesley Road; west along West Wesley Road to Howell Mill Road; south along Howell Mill Road to Peachtree Creek; generally west along Peachtree Creek to the Northwest Expressway at the point of beginning.
Also
Beginning at the intersection of Blackland Road and Northside Drive; extending northwest along Northside Drive to the City Limits; generally east along the City Limits to Roswell Road; south along Roswell Road to Blackland Road; northwest along Blackland Road to Northside Drive at the point of beginning.
Also
Beginning at the intersection of the most northerly boundary line of the City of Atlanta and the center line of Lake Forrest Drive; thence
TUESDAY, MARCH 9, 1965
2001
north along the center line of Lake Forrest Drive to its point of inter section with 1-285; thence westerly along the center line of said 1-285 to the center line of the Chattahoochee River; thence southerly along said center line of the Chattahoochee River to its point of intersection with the most northerly boundary line of the City of Atlanta; thence east along the most northerly boundary line of the City of Atlanta to its intersectioin with the center line of Lake Forrest Drive at the point of beginning.
District No. 143: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of the Northwest Expressway and Peachtree Creek extending generally east along Peachtree Creek to Howell Mill Road; south along Howell Mill Road to the Northwest Ex pressway; northwest along the Northwest Expressway to Peachtree Creek at the point of beginning.
Also
Beginning at the intersection of Bohler Road and Peachtree Creek; extending east along Peachtree Creek to Northwest Expressway; south east along Northwest Expressway to Howell Mill Road; south along Howell Mill Road, with easterly and westerly off-sets at Antone Street to include Fire Station No. 23 in the Precinct, to the Southern Railway; southwest along the Southern Railway to the northerly projection of Ashby Street; south along the northerly projection of Ashby Street to West Marietta Street; northwest along West Marietta Street to Marietta Boulevard; northwest along Marietta Boulevard to Elaine Street; north east along Elaine Street to Ellsworth Industrial Drive; north along Ellsworth Industrial Drive to Seaboard Air Line Railway; northwest along Seaboard Air Line Railway to Collier Road; east along Collier Road to DeFoors Ferry Road; north along DeFoors Road to Bohler Road; northwest and north along Bohler Road to Peachtree Creek at the point of beginning.
Also
Beginning at the intersection of Howell Mill Road and West Wesley Road; east along West Wesley Road to Peachtree Road; continuing east along East Wesley Road to Acorn Avenue; south along Acorn Avenue to Lindbergh Drive; west along Lindbergh Drive to Peachtree Road; southwest along Peachtree Road to Peachtree Creek; generally west along Peachtree Creek to Howell Mill Road; north along Howell Mill Road to West Wesley Road at the point of beginning.
Also
Beginning at the intersection of Acorn Avenue and East Wesley Road; extending east along East Wesley Road to Sharondale Drive; con tinuing east on the north line of Land Lots 59 and 48 to the Southern Railway; southwest along the Southern Railway to Peachtree Creek; generally west along Peachtree Creek to Peachtree Road; northeast
2002
JOURNAL OF THE HOUSE,
along Peachtree Road to Lindbergh Drive; east along Lindbergh Drive to Acorn Avenue; north along Acorn Avenue to East Wesley Road at the point of beginning.
Also
Beginning at the intersection of Howell Mill Road and Peachtree Creek; extending generally east along Peachtree Creek to Northside Drive; south along Northside Drive to the south line of Atlanta Memorial Park; east along the south line of Atlanta Memorial Park to Tanyard Branch; south along Tanyard Branch to the Seaboard Air Line Railway; southwest along the Seaboard Air Line Railway to the Northwest Expressway; northwest along the Northwest Expressway to Howell Mill Road; north along Howell Mill Road to Peachtree Creek at the point of beginning.
Also
Beginning at the intersection of Northside Drive and Peachtree Creek; extending generally east along Peachtree Creek to the Southern Railway; southwest along the Southern Railway to the Northwest Ex pressway; northwest along the Northwest Expressway to the Seaboard Air Line Railway; northeast along the Seaboard Air Line Railway to Tanyard Branch; generally northwest along Tanyard Branch to the south line of Atlanta Memorial Park; west along the south line of Atlanta Memorial Park to Northside Drive; north along Northside Drive to Peachtree Creek at the point of beginning.
Mr. Busbee of Dougherty moved that the House disagree to the Senate amendments.
The motion prevailed and the House disagreed to the Senate amendments to HB 367.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 57. By Mr. Hull of Richmond:
A Bill to amend an Act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other purposes.
TUESDAY, MARCH 9, 1965
2003
The President has appointed on the part of the Senate Senators Gillis of the 20th, Hill of the 29th and Carter of the 14th.
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt and others:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes.
The President has appointed on the part of the Senate Senators Broun of the 46th, Lee of the 47th and Holloway of the 12th.
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:
HE 240-665. By Mr. Smith of Grady:
A Resolution creating the Local Government and Revenue Study Com mittee, 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 Ballard Barber Bedgood Blalock Bolton
Brackin Branch Brooks, Geo. B. Brooks, Wilson Busbee Bynum Caldwell Carr Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Dean DeVane Dixon Dorminy
2004
JOURNAL OF THE HOUSE,
Doster Duncan, A. C. Duncan, V. W. Dunwody Parrar Gary Grahl Griffin Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B.
Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McKemie McRae Melton Milhollin Mitchell Moses Murphy NeSmith, J. D. Odom Otwell Pafford
Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Rainey Rhodes
Richardson Ross Rowland Rush Savage Sewell Shea Shuman Smith, A. B. Smith, J. R. Smith, V. T. Snow Stalnaker Steis Story Strickland Tabb Tucker, Ray M. Underwood Vaughn, C. R. Watson Wells White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Bagby Balkcom Beck Black Blair Bowen, J. 0. Bowen, R. L. Brantley Brinkley Brown, Gene Brown, M. P. Byrd Chandler Clark, J. T. Conger Conner Davis DeLoach Dickinson Dollar
Etheridge Evans Floyd Flynt Fulford Griffis Hall Harris, J. F. Hull Irvin Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Leonard
Lewis, E. B. Maddox McClelland McDaniell Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Parker Pickard Poss Potts Reaves
Reid Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Simkins Simmons Simpson
TUESDAY, MARCH 9, 1965
Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Spillers Sweat Thomas Thomason
2005
Tidwell Tucker, J. B. Vaughan, D. N. Walker Ware Watkins Wiggins Mr. Speaker
On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 76. By Senators Hall of the 52nd, Lee of the 47th and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide for the arrest and bail under certain circumstances of a conditional releasee who violates the terms of his conditional release, and for other purposes.
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 Balkcom Barber Beck Bedgood Black Blalock Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Busbee
Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey DeLoach DeVane Dixon Dorminy Doster Duncan, A. C.
Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Grahl Griffin Griffis Hale Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder
2006
JOURNAL OF THE HOUSE,
Houston Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, M. Lambert Lane Lee, P. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Milhollin Minge
Mitchell Moore, Don C. Moses Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland
Rush Russell Savage Shea Shuman Singer Smith, A. B.
Snow Spikes Spillers Steis Story Strickland Sweat Tabb Thomas Thomason Tucker, Ray M. Underwood Vaughan, D. N. Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs. :
Acree Ballard Blair Bolton Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Chandler Clark, J. T. Conger Conner Davis Dean Dickinson Dollar Flynt Fulford Gary
Hall Harrell Harris, R. W. Howell Hull Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lee, W. J. (Bill) Leonard Luke McClelland McKemie Melton Merritt Mixon
Moate Moore, J. H. NeSmith, J. D. Oglesby Paris Pickard Reid Rhodes Richardson Roper Sewell Simkins Simmons Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Stalnaker Tidwell Tucker, J. B. Vaughn, C. R.
Walker White
TUESDAY, MARCH 9, 1965
Wiggins Woodward
Wright Mr. Speaker
2007
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 34. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act, dealing with appointment of members of the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend SB 34 as follows:
AMENDMENT TO SENATE BILL NO. 34
Amend proposed new Section 88-2203. Appointment of members so that the first three sentences of said proposed section as amended shall read as follows:
The membership of said Advisory Council shall consist of 19 mem bers to be appointed by the Governor. Eleven of such members shall be consumers of hospital services, one to be appointed from each Congres sional District in the State and one from the State at Large.
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 Bagby Balkcom Ballard Barber
Beck Bedgood Black Blair Blalock Bowen, J. O. Brackin
Brinkley Caldwell Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F.
2008
JOURNAL OF THE HOUSE,
Collins, M. Conner Crowe Dailey DeLoach DeVane Dixon Duncan, A. C. Dunwody Etheridge Farrar Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. R. Henderson
Holder Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Kelly Knight, W. D. Lambert
Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McRae Merritt Milhollin Mitchell Moses NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Otwell Overby Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Potts
Reaves Rhodes Richardson Roberts Ross Rush Russell Savage Sewell Shea Shuman Simpson Smith, G. L. II Smith, V. T. Snow Spikes Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Wilson Wright
Those voting in the negative were Messrs.: Branch, Dorminy, Odom and Simkins.
Those not voting were Messrs.:
Acree Arnsdorff Bolton Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd
Chandler Clark, J. T. Colwell Conger Davis Dean Dickinson Dollar Doster Duncan, V. W. Evans Floyd
Flynt Fulford Hall Harris, J. F. Harris, R. W. Herndon Hull Irvin Johnson, B.
Jones, C. M. Jones, G. Paul Jordan, Ben C.
Jordan, W. H. Knight, D. W. Laite Looper Lowrey Maddox McClelland McDaniell McKemie Melton Minge Mixon Moate Moore, Don C. Moore, J. H.
TUESDAY, MARCH 9, 1965
Murphy Newton, A. S. Pafford Peterson Pickard Poss Rainey Reid Rodgers, H. B. Rogers, Jimmie Roper Rowland Simmons Singer Smith, A. B.
2009
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Walker White Wiggins Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 120, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of considering the report of the Conference Committee thereon:
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, and others: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion, and for other purposes.
The following report of the Conference Committee was read: CONFERENCE COMMITTEE REPORT ON HB 399
The Conference Committee on HB 399 recommends the following: (1) that the House recede from its position on the Senate amend ment; (2) that Section 1 be further amended as follows: By striking the following:
"The battalion shall consist of such number of officers and men as the Director of Public Safety, subject to the approval of the Department of Public Safety, shall deem necessary and advisable
2010
JOURNAL OF THE HOUSE,
to carry out the purposes and administer the provisions of this Act. The personnel of the battalion, which shall include the Com manding Officer and the Treasurer, shall consist of the following categories and the members of such battalion shall be compensated on an annual basis as follows, which compensation shall be paid on a semimonthly or monthly basis:",
and inserting in lieu thereof the following:
"The battalion shall consist of the number of officers and non commissioned officers specified by number hereinafter, and such number of troopers as the Director of Public Safety, subject to the approval of the Department of Public Safety, shall deem necessary and advisable to carry out the purposes of and administer the pro visions of this Act. The personnel of the battalion, which shall in clude the Commanding Officer and the Treasurer, shall consist of the following categories and the members of such battalion shall be compensated on an annual basis as follows, which compensation shall be paid on a semimonthly or monthly basis:".
Respectfully submitted,
For the Senate:
Julian Webb
Albert T. Moore
Hugh Gillis
For the House:
George T. Bagby of Paulding
Thomas B. Murphy of Haralson
James H. Floyd of Chattooga
Mr. Bagby of Paulding moved that the House adopt the report of the Con ference Committee.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Arnsdorff Bagby Balkcom
Ballard Barber Beck Bedgood Black Blair
Blalock Bowen, J. O. Branch Brinkley Brooks, Geo. B. Brooks, Wilson
TUESDAY, MARCH 9, 1965
Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Coiling, M. Colwell Conner Crowe Dailey Dean DeLoach DeVane Dixon Dorminy Doster Duncan, A. C. Dunwody Evans Farrar Floyd Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M.
Kelly Knight, D. W. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss
2011
Rainey Reaves Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rush Russell Savage Sewell Shea Shuman Simkins Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Abney Bolton Bowen, R. L. Brackin Brantley Brown, Gene Brown, M. P.
Bynum Clark, J. T. Conger Davis Dickinson Dollar Duncan, V. W.
Etheridge Flynt Fulford Gary Griffis Hall Harris, R. W.
2012
JOURNAL OF THE HOUSE,
Hudgins Hull Irvin Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, G. B. Lewis, P. B. Matthews, D. R. McClelland
McDaniell Melton Moate Moore, Don C. Newton, D. L. Pafford Perry Pickard Potts Reid Rowland Simmons Simpson
Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Snow Stalnaker Tucker, J. B. Vaughn, C. R. White Wiggins Wilson Mr. Speaker
On the motion to adopt, the ayes were 145, nays 0.
The House has adopted the report of the Conference Committee on HB 399.
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to be entitled an Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children, and for other purposes.
The following report of the Conference Committee was read: Mr. President:
Mr. Speaker:
Pursuant to the purposes for which appointed, your Committee of Conference on HB 44 respectfully submits the following report:
1. That the Senate and House recede from their respective positions relative to HB 44.
2. That the House and the Senate adopt the Committee on Con ference Substitute to HB 44 as hereto attached and made a part of this Report.
This 5th day of March, 1965.
Gayner of the 5th Maclntyre of the 40th Smalley of the 28th Acree of Towns Barber of Jackson Harris of DeKalb
TUESDAY, MARCH 9, 1965
2013
A BILL
TO BE ENTITLED
An Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; to provide for the contents and nature of report made by such persons; to provide that any person or persons, partnership, co partnership, firm, corporation, association, hospital or other entity participating in the making of a report or causing a report to be made or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, providing such participation shall be made in good faith; to prescribe the purposes therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 74-1 relating to the relationship of parent to child is hereby amended by adding at the end thereof following Code Section 74-110, a new Code Section to be known as Section 74-111 to read as follows:
"74-111. (a) Reports by Physicians, other treating personnel, and Institutions. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, intern, resident, public health nurse or welfare worker having cause to believe that a child under the age of twelve brought to him or coming before him for examination, care or treatment has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, shall report or cause reports to be made in accordance with the provisions of this Section; provided, however, that when the attendance of a physician with respect to a child is pursuant to the performance of services as a member of the staff of a hospital or similar institution he shall notify the person in charge of the institution or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this Section; and provided, further, that when an apparently abused child has been seen by a public health nurse or welfare worker, then said public health nurse or welfare worker shall report his or her observation to the County Health Officer or, if none, to any licensed physician who shall, after examination and if he concurs that the injuries were inflicted by other than accidental means, report or cause reports to be made in accordance with the provisions
of this Section.
"(b) Nature and Content of Report; to whom made. An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, to a child welfare agency providing protective services, or in the absence of such agency, to an appro priate police authority. Such reports shall contain the names and
2014
JOURNAL OF THE HOUSE,
addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
"(c) Immunity from Liability. Any person or persons, partner ship, co-partnership, firm, corporation, association, hospital or other entity participating in the making of said report or causing said report to be made pursuant to the provisions of this Section or any other law, or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, providing such participation pursuant to this Section or any other law shall be made in good faith.
"(d) Purpose. The purpose of this Section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. This is often manifest by the inflic tion, other than by accidental means, of physical injury requiring the attention of a physician. It is intended that the mandatory reporting of such cases by physicians, hospitals and institutions to appropriate police authority will cause the protective services of the State to be brought to bear on the situation in an effort to prevent further abuses, protect and enhance the welfare of these children, and preserve family life wherever possible. This Section shall be liberally construed so as to carry out the purposes thereof."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Harris of DeKalb moved that the House adopted the report of the Conference Committee.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Bagby Balkcom Ballard Barber Beck Bedgood Blair
Blalock Bolton Bowen, J. 0. Bowen, R. L. Branch Brinkley Brooks, Geo. B. Busbee Carr Clarke, H. G. Coker, G., Dr.
Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Dean DeVane Dixon Dorminy Duncan, A. C.
TUESDAY, MARCH 9, 1965
Duncan, V. W. Dunwody Evans Farrar Floyd Gary Griffin Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey
Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McRae Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Page Paris Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Rogers, Jimmie
2015
Ross Rush Russell Savage Sewell Shea Shuman Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Steis Story Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughan, D. N. Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Black Brackin Brantley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Byrd Caldwell Chandler Clark, J. T. Conger Conner Davis DeLoach Dickinson
Dollar Doster Etheridge Flynt Fulford Grahl Griffis Hall Harrington Herndon Houston Hudgins Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul
Jordan, W. H. Knight, D. W. Laite Lambert Matthews, D. R. McClelland McKemie Melton Milhollin Minge Moate Newton, A. S. Newton, D. L. Overby Pafford Parker Perry
2016
Pickard Poss Rainey Reid Rodgers, H. B. Roper Rowland Simkins
JOURNAL OF THE HOUSE,
Simmons Singer Smith, Chas. C. Smith, G. L. II Spillers Stalnaker Strickland Sweat
Tucker, J. B. Underwood Vaughn, C. R. Walker Wilson Mr. Speaker
On the motion, the ayes were 131, nays 0.
The House has adopted the Conference Committee on HB 44.
Mr. Williams of Hall moved that the House insists on its position on the following Bill of the House and requested that a Committee of Conference be appointed:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection, and for other purposes.
The motion prevailed and the Speaker appointed the following members as a committee of Conference on the part of the House:
Messrs. Williams of Hall, Clarke of Catoosa and Mitchell of Whitfield.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others:
A Bill to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representa tives; and for other purposes.
TUESDAY, MARCH 9, 1965
2017
The President has appointed on the part of the Senate Senators Coggin of the 35th, Jackson of the 16th and Webb of the llth.
Mr. Busbee of Dougherty moved that the House insists on its position on the following Bill of the House and requested that a Committee of Conference be appointed:
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to provide the apportionment of the membership of the House of Representatives and for other purposes.
The motion prevailed and the Speaker appointed the following members as a Committee of Conference on the part of the House:
Messrs. Busbee of Dougherty, Hale of Dade and Smith of Emanuel.
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 559. By Messrs. Houston of Pierce and Murphy of Haralson:
A Bill to be entitled an Act to amend Code Section 22-1102, relating to where suits may be brought on contracts or for torts and how service may be effected, so as to provide that suits for damages for libel shall be deemed to have originated in the county of the residence of the person libeled provided the libelous matter was published and circulated in such county, and for other purposes.
Mr. Richardson of Chatham moved that HB 559 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.:
Alien Anderson Arnsdorff Ballard Beck
Blair Bolton Branch Brantley Brown, Gene
Busbee Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M.
2018
JOURNAL OP THE HOUSE,
Colwell Conner Dailey Dean Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Laite
Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Mixon Moore, Don C. Newton, D. L. Odom Oglesby Overby Page Parker Perry Peterson
Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Ross Savage Shea Simkins Simpson Smith, A. B. Smith, V. T. Snow Spikes Spillers Stalnaker Story Tabb Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Ware Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.:
Abney Brinkley Caldwell Crowe Dixon Evans Griffis Henderson Houston Kelly Knight, W. D.
Lane Leonard Mitchell Moore, J. H. Murphy Nessmith, P. Otwell Paris Poss Rainey Russell
Steis Sweat Thomas Thomason Watkins White Wiggins Wilson Wright
Those not voting were Messrs.:
Acree Bagby Balkcom Barber Bedgood Black
Blalock Bowen, J. 0. Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson
Brown, M. P.
Bynum Byrd Carr Chandler Clark, J. T.
Collins, J. P. Conger Davis DeLoach DeVane Dickinson Dollar Dorminy Etheridge Floyd Flynt Fulford Hale Hall Hull Johnson, B. Jones, C. M. Jones, G. Paul
TUESDAY, MARCH 9, 1965
Jordan, W. H. Knight, D. W. Lewis, E. B. Looper McClelland McCracken Milhollin Minge Moate Moses NeSmith, J. D. Newton, A. S. Pafford Phillips, G. S. Pickard Reid Rodgers, H. B. Rogers, Jimmie
2019
Roper Rowland Rush Sewell Shuman Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Strickland Tucker, J. B. Vaughn, C. R. Walker Watson Wells Mr. Speaker
On the motion to table, the ayes were 101, nays 31.
The motion prevailed and HB 559 was laid on the Table.
Mr. Williams of Hall moved that this House do now adjourn until 10:00 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock a.m. tomorrow.
2020
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 10, 1965
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Rev. Max Sanders, Orchard Knob Baptist Church, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr, Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and, pursuant to the Rules of the House, fixed the Calendar for Wednesday morning, March 10, 1965, and submits the following:
WEDNESDAY, MARCH 10, 1965
2021
HB 509. Liability of insurer. HB 510. Liability of insurer. HB 580. Election, members of House. HB 700. Honorary Fishing Licenses.
SENATE SB 9. Larceny, punishment. SB 33. Planning commissions, counties. SB 55. State banks, capital notes. SB 62. Destruction of records. SB 82. Release of defendant. SB 87. Secretary of State, service of process. SB 100. Bank charters, capital stock. SB 106. Abandonment of children. SB 113. Banks, additional stock. SB 115. Felonies, punishment. SB 157. Stone Mountain Judicial Circuit, Judge. SB 171. Vital Records law, amend.
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding,
Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 704. By Mr. Smith of Grady:
A Bill to be entitled an Act to amend Code Sections 101-205, 101-206, 101-207, relating to the distribution of laws, journals and reports of the Supreme Court and Court of Appeals, so as to provide for additional distribution of the laws, journals and reports; and for other purposes.
SB 23. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, so as to increase the number of members of the Board of Cosmetology; and for other purposes.
2022
JOURNAL OF THE HOUSE,
SB 67. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend an Act providing permanent ali mony to be revised upon petition by wife or husband alleging change in husband's income, so as to provide judgment may also be revised upon change in wife's income; and for other purposes.
SB 109. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act establishing the State Employee's Retirement System, so as to provide for membership for any person becoming a judge of the superior court or a solicitor general after April 1, 1965; and for other purposes.
SB 183. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; and for other purposes.
SB 195. By Senators Gillis of the 20th, Webb of the llth and Coggin of the 35th:
A Bill to be entitled an Act to amend an Act creating the Claims Advi sory Board, so as to provide that it shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State official or employee to receive any fee, money, gift, or any other thing of value in connection with any claim; and for other purposes.
SR 74. By Senator Gayner of the 5th:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Glynn County to be used as a site for construction of an armory for the Geor gia Air National Guard, with 100% Federal funds; and for other pur poses.
SR 75. By Senator Spinks of the 9th:
A Resolution proposing an amendment to the Constitution so as to au thorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; and for other purposes.
WEDNESDAY, MARCH 10, 1965
2023
SB 181. By Senators Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Section 92-5001, relating to interests on taxes due the State and County, so as to provide that in certain counties the minimum interest payment shall be $1.00; and for other purposes.
SB 191. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the Mayor of the City of Commerce shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from the City of Commerce; and for other purposes.
SB 192. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the governing authority of Jackson County shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from Jackson County; and for other purposes.
SB 193. By Senator Minish of the 48th:
A Bill to be entitled an Act to provide that the governing authority of Banks County shall make appointments to fill vacancies on the Board of the Banks-Jackson-Commerce Hospital Authority when such vacancies occur in the membership on such Board from Banks County; and for other purposes.
SB 194. By Senators Coggin of the 35th, Thompson of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act authorizing the Commis sioners of Roads and Revenues of Fulton County to provide group in surance for all regular County employees; and for other purposes.
SB 200. By Senator Hall of the 52nd:
A Bill to be entitled an Act to abolish the office of treasurer of Floyd County; and for other purposes.
SB 201. By Senators Thompson of the 34th, Maclntyre of the 40th, Johnson of the 38th and others:
A Bill to be entitled an Act creating a new charter for the City of Fairburn, so as to extend the city limits of the City; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 205. By Senator Thompson of the 34th:
A Bill to be entitled an Act to amend the Charter of the City of East Point relating to City Clerk and for other purposes.
SB 212. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating the city court of Floyd County, so as to change the compensation of the judge; and for other purposes.
SB 213. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County, so as to change the compensation of the chairman, vice-chairman and other members of the Board; and for other purposes.
SB 215. By Senators Maclntyre of the 40th, Johnson of the 38th, Thompson of the 34th and Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to extend the corporate limits of said City; 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 224-609. Do Pass.
Respectfully submitted, Blalock of Coweta Chairman.
Mr. Pope of Cherokee County Chairman of the Committee on Highways sub mitted the following report:
Mr. Speaker:
Your Committee on Highways 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:
WEDNESDAY, MARCH 10, 1965
2025
HR 239-659. Do Pass.
Respectfully submitted, Pope of Cherokee Chairman.
Mr. Harris of DeKalb County Vice-Chairman of the Committee on Judiciary submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 697. Do Pass. Respectfully submitted, Harris of DeKalb Vice-Chairman.
Mr. Tucker of Catoosa 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 694. Do Pass. SB 169. Do Pass.
Respectfully submitted, Tucker of Catoosa Chairman.
Mr. Tucker of Catoosa 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:
2026
JOURNAL OF THE HOUSE,
SB 154. Do Pass, as Amended.
SB 148. Do Pass, by Substitute.
SB
27. Do Pass.
SB 173. Do Pass.
SB 188. Do Pass.
SB 189. Do Pass.
HB 588. Do Pass, by Substitute.
HB 685. Do Pass.
HB 686. Do Pass.
HB 687. Do Pass.
HB 688. Do Pass.
HB 689. Do Pass.
HB 690. Do Pass.
HB 691. Do Pass.
HB 692. Do Pass.
HB 693. Do Pass.
HB 695. Do Pass.
HB 696. Do Pass.
HB 702. Do Pass.
HB 703. Do Pass.
HR 258-703. Do Pass.
Respectfully submitted, Tucker of Catoosa 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 63. Do Pass, by Committee Substitute. Respectfully submitted, Bolton of Spalding Vice-Chairman.
WEDNESDAY, MARCH 10, 1965
2027
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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 32. Do Pass.
Respectfully submitted,
Ware of Troup
Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 685. By Mr. Balkcom of Quitman:
A Bill to be entitled an Act to provide that the grand jury in selecting the members of the board of education of Quitman County may select two or more members from the same militia district within Quitman 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 686. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax 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 ayes were 117, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 688. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act providing compensation for the treasurer of Lee County in lieu of commissions, so as to change the compensation of the treasurer, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 689. By Messrs. Hall of Lee and Busbee of Dougherty: A Bill to be entitled an Act to abolish the present mode of compensating the ordinary of Lee County, known as the fee system supplemented by a salary, to provide that the ordinary shall be compensated on a salary basis only in lieu 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 690. By Mr. Jordan of Calhoun:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Calhoun County, known as the fee system, to provide in lieu thereof an annual salary, and for other purposes.
The report 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.
WEDNESDAY, MARCH 10, 1965
2029
The Bill, having received the requisite constitutional majority, was passed.
HB 691. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Vernonburg, so as to provide for an additional 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 693. By Mr. Perry of Marion:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Marion County, known as the fee system, supplemented by monthly compensation, to provide in lieu thereof an annual salary, and for other purposes.
The report 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 695. By Mr. Tucker of Catoosa: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Ringgold, so as to authorize the City of Ringgold to extend the water works and sewerage systems without the limits of the 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 117, nays 0.
2030
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 696. By Messrs. Simkins, Luke and Hull of Richmond:
A Bill to be entitled an Act to amend an Act authorizing certain counties to establish and maintain law libraries for the use of judges, solicitors and other officers, so as to change the population specifications of coun ties where it is applicable, and for other purposes.
The report 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 702. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, so as to change and enlarge 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 703. By Messrs. Bynum of Rabun, Irwin of Habersham and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases", so as to increase the compensation of the court reporter and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, MARCH 10, 1965
2031
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 692. By Messrs. Snow and Abney of Walker: A Bill to be entitled an Act to amend an Act creating the City Court of Walker County, so as to provide for a solicitor for said court, and for other purposes.
The following amendment was read and adopted:
Messrs. Snow and Abney of Walker move to amend HB 692 as follows:
By striking the period at the end of the first sentence of quoted Section 5 of Section 1 and inserting at the end of the first sentence of quoted Section 5 of Section 1 the following:
"or at the special election to be held for members of the House of Representatives during the calendar year 1965, if the date of such special election is different from the date specified herein. Said solicitor shall qualify with the party of his choice prior to the date of said special election in accordance with the rules and regulations governing parties and primaries in this 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 588. By Mr. Brooks of Fulton: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said City, 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 new charter for the City of Alpharetta, approved March 3, 1961 (Ga. Laws 1961, p. 2127),
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JOURNAL OP THE HOUSE,
so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. Laws 1961, p. 2127), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Alpharetta shall include all of the territory and inhabitants in the following described area:
'Beginning at the southeast corner of Land Lot 699, 1st Dist. 2nd Sect, of formerly Milton now Fulton County, Georgia; thence north along the present City limits and east line of Land Lot 699, 698, and 697 to the northeast corner of said lot and to the intersec tion of a line having a radius of 3,960 feet, the radius point being the location of Old Milton County Court House; thence from inter section point continue in an easterly and northeasterly direction following a curve to the north having a radius of 3,960 feet, a dis tance of 4,250 feet, more or less, to the intersection of said curved line with the center line of Thompson Street, said Thompson Street at this point being the section running north and south from said point of intersection running south along center line of Thompson Street 50 feet, more or less, to the south property line of T. D. Grizzle if extended to center line of said Street; thence easterly 600 feet, more or less, to the east line of Land Lot 802; thence north along east line of Land Lot 802, 215 feet, more or less, to center line of that portion of Thompson Street that runs in an easterly and westerly direction; thence westerly along said center line 515 feet, more or less, to the intersection of previous mentioned radius and present City Limits; thence continue in a northeasterly, northerly, northwesterly and westerly direction a distance of 7,800 feet, more or less to the west line of Land Lot 1181, 2nd Dist. 2nd Sect; thence north along the west line of Land Lot 1181, 350 feet, more or less, to the most northerly line of Fred Darnell property; thence west along said line 210 feet, more or less, to the center line of State Highway #9; thence south along said center line 360 feet, more or less, to previous mentioned radius and present City Limits; thence in a westerly and southwesterly direction along said radius 2,700 feet, more or less, to the west line of Land Lot 1198, 2nd Dist. 2nd Sect.; thence north along west line of Land Lot 1198, 600 feet, more or less, to the northwest corner of said lot District and Section; thence west along the north line of Land Lot 1199, 2nd Dist. 2nd Sect. 1,335.3 feet to the northwest corner of said lot; thence south along the west line of said lot 900 feet, more or less, to center line of Foe Killer Creek; thence in a westerly direction along center line of said Creek 1,250 feet, more or less, to a point; thence in a north westerly direction 581 feet, more or less, to a point on the east line
WEDNESDAY, MARCH 10, 1965
2033
of Land Lot 1201; thence north along said Land Lot Line 565 feet, more or less, to the northeast corner of said lot; thence west along1 north line of Land Lot 1201, 660 feet, more or less; thence north along west line of Grimes property 1,333.7 feet, more or less, to the north line of Land Lot 1176; thence west along the north line of Land Lot 1176 and north line of Land Lot 1175, 2,041.6 feet, more or less, to the northwest corner of said lot; thence north along the east line of Land Lot 1131, 693 feet, more or less, to Castleberry property; thence west along south line of Castleberry property 1,344 feet, more or less, to center line of Bethany Road; thence south along center line of Bethany Road 1,190 feet, more or less, to center line of Mid-Broadwell Road; thence in a southeasterly direction along center line of Mid-Broadwell Road 1,020 feet, more or less, to a point; thence east 576 feet, more or less to a point; thence south 100 feet, more or less, to a point on the south line of Land Lot 1174; thence east along the south line of Land Lot 1174, 1175, and 1176, 2,052 feet, more or less, to a point; thence south along the east line of Payne property 720 feet, more or less, to center line of Mid-Broadwell Road; thence east and southeasterly along center line of Mid-Broadwell Road 1,020 feet, more or less, to the north line of Land Lot 1249; thence west along the north line of Land Lot 1249 and 1248, 1,440 feet, more or less, to the northwest corner of said lot; thence south along west line of said lot 1,310 feet, more or less, to the southwest corner of said lot; thence east along the south line of Land Lot 1248 and 1249, 2,500 feet, more or less, to a point; thence south along west line of J. E. Wills property 650 feet, more or less, to the center line of Wills Road; thence southwesterly along center line of Wills Road to the northerly line of William Wood property if said line were extended east to center line of Wills Road; thence west 935 feet, more or less, to west line of Land Lot 1272; thence south along west line of said Land Lot, 755 feet, more or less, to center line of Rucker Road; thence east along center line of Rucker Road to the east line of Land Lot 1272; thence north along east line of Land Lot 1272, 1,370 feet, more or less, to center line of Mid-Broadwell Road; thence in a southeasterly direction along center line of Mid-Broadwell Road, 150 feet, more or less, to pre vious mentioned radius and present City Limits; thence south and southeasterly along said radius 4,700 feet, more or less, to north line of L. S. Colbert property; thence west along north line of said property, 825 feet, more or less, to center line of Maxwell Road; thence southwest and southeasterly along center line of Maxwell Road, 421.5 feet, more or less, to the south line of Land Lot 693; thence east along south line of said Land Lot, 1,526.8 feet, more or less, to the southeast corner of Land Lot 693 and present City
Limits Line; thence south along the west line of Land Lot 697, 698,
and 699, and present City Limits, to the southwest corner of Land
Lot 699; thence east along the south line of Land Lot 699 and
present City Limits Line to the southeast corner of said land lot
and point of beginning.' "
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 694. By Messrs. Dollar and Conger of Decatur:
A Bill to be entitled an Act creating a Small Claims Court in Decatur 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 687. By Messrs. Story and Watson of Gwinnett:
A Bill to be entitled an Act to amend an Act establishing the City Court of Gwinnett County and defining its jurisdiction and powers, so as to change the name of said court, and for other purposes.
The following amendment was read and adopted:
Mr. Story of Gwinnett moves to amend HB 687 as follows:
By inserting immediately after the phrase "to change the qualifi cations and compensation of the solicitor of said court;", the following: "to provide for the additional compensation of the clerk of said court;".
By renumbering Sections 7 through 9 as Sections 8 through 10, respectively.
By inserting following Section 6 in a new Section to read as follows:
"Section 7. Said Act is further amended by inserting between Sections 18 and 19 a new Section to be known as Section ISA, and to read as follows:
WEDNESDAY, MARCH 10, 1965
2035
'Section ISA. In addition to the compensation of the clerk as provided above, the clerk shall receive from the funds of Gwinnett County in equal monthly installments the additional sum of fifteen hundred dollars ($1,500.00) per annum as compensation for the ad ditional services required of him while acting as the clerk of said court.' "
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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 258-703. By Mr. Tidwell of Crawford:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Crawford Coun ty by the Crawford County board of education; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section VI, Paragraph I of the Constitution, relating to county school superintendents, is hereby amended by adding at the end thereof the following:
"The county school superintendent of Crawford County, holding office at the time of the ratification of this amendment, shall con tinue to hold office until the normal expiration of his term of office on December 31, 1968. In the event of a vacancy in said office be cause of death, resignation or otherwise, the Crawford County board of education shall appoint a qualified person to serve as county school superintendent for the unexpired term. Thereafter, the coun ty school superintendent of Crawford County shall be appointed by the Crawford County board of education and shall serve at the pleasure of the board. No election for county school superintendent shall be held after the ratification of this amendment. The county school superintendent of Crawford County, appointed as provided for herein, shall also serve as principal of Crawford County High School. The county school superintendent of Crawford County, as
2036
JOURNAL OF THE HOUSE,
provided for herein, shall be subject to all constitutional and all statutory provisions relative to county school superintendents un less such provisions are in conflict with the provisions of this amend ment."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in 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:
"YES ( NO (
) Shall the Constitution be amended so as to provide for the appointment of the county school superin-
) tendent of Crawford County by the Crawford Coun ty board of education ? "
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 Arnsdorff Bagby Ballard Barber
Beck Bedgood Black Blair Blalock Bowen, J. O.
Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee
WEDNESDAY, MARCH 10, 1965
2037
Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Crowe Davis Dean DeLoaeh DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Ployd Flynt Fulford Gary Griffin Griffis Harrell Harris, J. F. Harris, J. R. Henderson Holder Houston Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C.
Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Maddox Marshall Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S.
Phillips, L. L. Pope Potts Eainey Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Snow Spikes Stalnaker Steis Story Sweat Thomason Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Acree Anderson Balkcom Bolton Bowen, R. L. Brackin
Branch Brooks, Geo. B. Bynum Byrd Carr Collins, J. F.
Colwell Conger Conner Dailey Dollar Dorminy
2038
Doster Grahl Hale Hall Harrington Harris, R. W. Herndon Jones, G. Paul Lambert Lee, G. B. Leonard Looper Luke
JOURNAL OP THE HOUSE,
Matthews, C. Mitchell Moses Murphy Overby Pickard Poss Rogers, Jimmie Savage Shuman Simmons Smith, Chas. C. Smith, G. L. II
Smith, J. E. Smith, V. T. Spillers Strickland Tabb Thomas Tidwell Underwood Williams, W. M. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SB 27. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Milledgeville, so as to remove the provi sion limiting the right of persons to hold office of mayor for more than three consecutive terms, and for other purposes.
The report 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.
SB 127. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to authorize boards of education of certain counties to enter into contracts for group life, health or accident in surance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof, and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, MARCH 10, 1965 On the passage of the Bill, the ayes were 117, nays 0.
2039
The Bill, having received the requisite constitutional majority, was passed.
SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, and others: A Bill to be entitled an Act to amend the Act establishing a new charter for the City of Atlanta, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, Was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 169. By Senator Tribble of the 3rd: A Bill to be entitled an Act to create within the area of Chatham Coun ty known as "Isle of Hope" a water, fire, sanitation and sewerage dis trict, and for other purposes.
The report 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.
SB 173. By Senator Hall of the 52nd: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, so as to enlarge the present city boundaries and corporate limits by the annexation of certain des cribed property adjacent to the present city limits, 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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JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 188. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, ordinary, and sheriff of Floyd County, Georgia on an annual 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.
SB 189. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu there of the office of tax commissioner, so as to change the compensation of the tax commissioner, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 148. By Senator Kidd of the 25th:
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 Baldwin, and for other purposes.
WEDNESDAY, MARCH 10, 1965
2041
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a Board of Commis sioners of Roads and Revenues for the County of Baldwin, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2623), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2830), an Act approved February 28, 1956 (Ga. Laws 1956, p. 2725), an Act ap proved March 17, 1958 (Ga. Laws 1958, p. 2704), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3302), an Act approved February 18, 1959 (Ga. Laws 1959, p. 2031), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2254), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 3505), so as to provide that all members of the Board of Commissioners of Roads and Revenues for the County of Baldwin shall be elected by the voters of the entire county; to provide that members may live in any part of Baldwin County; to remove the provisions relating to commissioner districts; to provide for 5 posts; to provide that a candidate shall specify the particular post for which he shall offer as a candidate; to continue provisions relating to the date of election, terms and other matters rela tive thereto; to provide the procedure connected with the foregoing; to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved Feb ruary 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2623), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2830), an Act approved February 28, 1956 (Ga. Laws 1956, p. 2725), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2704), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3302), an Act approved February 18, 1959 (Ga. Laws 1959, p. 2031), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2254), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 3505), 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. The County of Baldwin shall be governed by a Board of Commissioners of Roads and Revenues to be composed of 5 members. Members may live in any part of Baldwin County, and shall be elected by the voters of the entire county. There shall be 5 posts to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4, and Post No. 5. A candidate, when qualifying, shall specify the particular post for which he is offering as a candidate. The mem bers of the Board of Commissioners of Roads and Revenues shall elect a chairman of the Board who shall serve for a term of office of 4 years, and until his successor is elected and qualified, except as hereinafter provided.
The incumbent members shall serve for a term ending June 30, 1965, and until their successors are elected and qualified. Successors
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to the incumbent members shall be elected at an election to be held not less than 30 nor more than 60 days prior to July 1, 1965, and shall serve until December 31, 1968, and until their successors are elected and qualified. The ordinary of Baldwin County shall set the date for such election, and shall conduct such election. The expense of such election shall be borne by Baldwin County. Future members of the Board shall be elected at the same time and in the same man ner in which other county officers are elected for a term of 4 years each, and until their successors are elected and qualified. All future members of the Board shall take office on the first day of January, immediately following their election."
Section 2. Said Act is further amended by striking Section 1A, which reads as follows:
"Section 1A. Any provision of this Act to the contrary not withstanding, the board of commissioners of roads and revenues of Baldwin County may elect a chairman if the member of the board who is eligible to serve as chairman of the board does not desire to serve and such election shall be for the time that such member who does not desire to serve is entitled to serve as chairman.",
in its entirety.
Section 3. Not more than 10 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 Baldwin County to issue the call for an election for the purpose of submitting 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 20 nor more than 25 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 ballot shall have written or printed thereon the words:
"For approval of the Act providing that all members of the Board of Commissioners of Roads and Revenues for Baldwin Coun ty shall run at large and be elected by the voters of the entire county.
"Against approval of the Act providing that all members of the Board of Commissioners of Roads and Revenues for Baldwin County shall run at large and be elected by the voters of the en tire county."
All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The ex pense 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
WEDNESDAY, MARCH 10, 1965
2043
duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 154. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the provisions relative to registration and voting, and for other purposes.
The following Committee amendment was read and adopted: The Committee on Local Affairs moves to amend SB 154 as follows: By striking from Section XIII, which is quoted in Section 1, the following: "February 27",
wherever the same shall appear, and inserting in lieu thereof the following: "March 2"; and By striking from Section XIII, which is quoted in Section 1, the follow
ing: "March 5",
wherever the same shall appear, and inserting in lieu thereof the following: "March 12".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
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JOURNAL OF THE HOUSE,
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.
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 and Senate to wit:
SB 153. By Senator Bateman of the 27th:
A Bill to amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be en titled to exemption from all jury duty; to provide the procedure con nected therewith; and for other purposes.
HB 105. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend Code Section 92-3109 relating to deductions in com puting 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, as amended; and for other purposes.
HB 252. By Mr. Bynum of Rabun:
A Bill to provide that all contracts entered into by the State Highway Department for road work shall include a provision calling for the sow ing of appropriate vegetation on all banks, fills and cuts along the rightof-way of the road project; and for other purposes.
HB 289. By Mr. Blalock of Coweta:
A Bill to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being con structed or repaired; and for other purposes.
HR 159-303. By Mr. Phillips of Columbia:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Columbia County; and for other purposes.
WEDNESDAY, MARCH 10, 1965
2045
The Senate agrees to the House amendment to the following Bills of the Senate:
SB 51. By Senator Padgett of the 23rd:
A Bill to prohibit certain activities by county, municipal or other politi cal subdivision officials regarding conflicts of interest between their public duties and personal or professional interests in all counties of Georgia having a population of not less than 135,000 nor more than 140,000 according to U. S. census of 1960 or any future census; and for other purposes.
SB 102. By Senators Loggins of the 53rd, Fincher of the 51st and others:
A Bill to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga and others:
A Bill to amend an Act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 107. By Mr. Steis of Harris:
A Bill to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes.
HB 521. By Messrs. Shea, Sewell and Richardson of Chatham:
A Bill to carry into effect the provisions of the Constitutional Amend ment reported in Georgia Laws 1964, p. 986, authorizing the General Assembly to provide that the Mayor and Aldermen of the City of Savan nah and Chatham County may contract for the consolidation and com bining of the County and City Board of Tax Assessors; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and others:
A Bill to provide that no judgment decreeing the forfeiture of any ap pearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others:
A Bill to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:
SB 218. By Senator Webb of the llth:
A Bill to amend an Act establishing an Employees' Retirement System of Georgia, approved Feb. 3, 1949, (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 3, 1965, (Act No. 48, Ga. Laws 1965), so as to remove the provisions providing creditable service for certain members; and for other purposes.
Mr. Speaker:
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 103. By Senators Johnson of the 38th, Wesberry of the 37th, Johnson of 42nd and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, approved Feb. 28, 1874, and the several Acts amendatory there of; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 274. By Messrs. Mauney of White and Irvin of Habersham:
A RESOLUTION
Congratulating Honorable Charles N. Maloof; and for other pur poses.
WEDNESDAY, MARCH 10, 1965
2047
WHEREAS, Honorable Charles N. Maloof, a resident of White County and former Mayor of the City of Helen has recently retired from Public Office after serving over 25 years as Mayor of the City of Helen; and
WHEREAS, he has always been interested in the welfare of White County and has rendered many acts of kindness and consideration to the citizens of this county; and
WHEREAS, through his diligent efforts he has been instrumental in stimulating the growth and development of White County in all areas of community life; and
WHEREAS, these kindnesses, untiring and diligent efforts are not limited only to White County, but extend and are recognized through out the State; and
WHEREAS, he has now retired from public office in the City of Helen; and
WHEREAS, a new highway bridge across the Chattahoochee River has recently been completed in the City of Helen.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to Honorable Charles N. Maloof upon his completion of over 25 years as Mayor of the City of Helen and that this new bridge which crosses the Chattahoochee River in the City of Helen be named and forever known as the "Charles N. Maloof Bridge".
BE IT FURTHER RESOLVED that a plaque be erected and at tached to this bridge showing the name of the bridge to be "Charles N. Maloof Bridge".
HR 275. By Messrs. Fulford of Terrell, Black of Webster, and many others:
A RESOLUTION
Commending Honorable George T. Bagby; and for other purposes.
WHEREAS, the delightful and rotund Representative from Paulding County, the Honorable George T. Bagby, has always been a champion of the members of the Uniform Division of the Georgia State Patrol; and
WHEREAS, during the present Session of the Georgia General As sembly, the distinguished and able Representative from Paulding has, with particular vigor, labored many long, arduous hours in the halls of the House of Representatives, in the corridors of the State Capitol, in the committee rooms of the House of Representatives, in hotel lobbies, corridors and rooms, in an attempt to raise the base pay of State Troop ers; and
2048
JOURNAL OF THE HOUSE,
WHEREAS, the final end result of the gentleman's lobbying, armtwisting and cajoling of the members of the General Assembly has re sulted in a raise in the base pay of all State Troopers; and
WHEREAS, it is commendable that this member of the House of Representatives has labored so arduously without any selfish or personal motives behind this laudatory cause; and
WHEREAS, the gentleman from Paulding's brother is a member of the Georgia State Patrol.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable George T. Bagby for his unselfish and devoted loyalty to the members of the Georgia State Patrol and in recognition of his untiring and un selfish labors in behalf thereof, this body does hereby bestow upon Honorable George T. Bagby, in addition to his many other honorary titles, the honorary rank of General of the Georgia State Patrol.
BE IT FURTHER RESOLVED that the Director of the Department of Public Safety is hereby authorized and instructed upon receiving any 10-5 requests from their honorary Commanding General to forthwith proceed with haste to dispatch said General to his appointed destina tion.
HR 276. By Messrs. Paris of Barrow, Milhollin of Coffee and Brooks of Oglethorpe:
A RESOLUTION
Wishing Honorable Thomas B. Murphy a happy birthday and many, many happy returns of the day; and for other purposes.
WHEREAS, on this the 10th day of March, 1965, Honorable Thomas B. Murphy, the distinguished gentleman from Haralson County, is cele brating his 41st birthday; and
WHEREAS, he is a native of Haralson County, Georgia, and is an outstanding person in that community; and
WHEREAS, he is held in highest regard by his colleagues in the General Assembly; and
WHEREAS, he has achieved an admirable record of service as a member of the House of Representatives since 1961.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its best wishes for a happy birthday to Honorable Thomas B. Murphy, Representative from Haralson County, and further expresses its sincerest hope that there shall be many happy returns of the day.
WEDNESDAY, MAECH 10, 1965
2049
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable Thomas B. Murphy, Representative from Haralson County.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 608. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system, so as to change the com pensation of the secretary of the sheriff of Appling County, and for other purposes.
The following Senate amendment was read:
Dean of the 6th moves to amend HB 608 as follows:
By inserting between the word "year" and the word "to" the fol lowing:
"to provide for a referendum;" and
By renumbering Section 6 as Section 7 and inserting a new Section 6 to read as follows:
"Section 6. It shall be the duty of the ordinary of Appling County, after the date of the approval of this Act by the Governor or after it otherwise becomes law, to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall set the elec tion for Tuesday after the first Monday in November, 1966. 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 Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act to change the compensation of the secretary of the sheriff; to provide that the tax collector of Appling County shall not receive those commissions allowed local tax officials who serve as agents of the State Revenue Commissioner for the sale of motor vehicle license plates; and to provide that the grand jury of Appling County shall fix the proposed budget of expendi tures for the carrying out of the powers, duties and operations of the offices of the sheriff, clerk of the superior court, and tax col lector for the ensuing fiscal year.
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JOURNAL OP THE HOUSE,
'Against approval of the Act to change the compensation of the secretary of the sheriff; to provide that the tax collector of Appling County shall not receive those commissions allowed local tax of ficials who serve as agents of the State Revenue Commissioner for the sale of motor vehicle license plates; and to provide that the grand jury of Appling County shall fix the proposed budget of ex penditures for the carrying out of the powers, duties and operations of the offices of the sheriff, clerk of the superior court, and tax collector for the ensuing fiscal year.'
"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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling Coun ty. 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 ba his further duty to certify the result thereof to the Secretary of State."
Mr. Herndon of Appling moved that the House disagree to the Senate amend ment.
The motion prevailed and the House has disagreed to the Senate amendment to HB 608.
HB 538. 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 Appling County, so as to provide for an annual audit, and for other purposes.
The following Senate amendment was read:
Dean of the 6th moves to amend HB 538 as follows:
By inserting in the title between the word "statement" and the word "to" the following:
"to provide for a referendum;" and
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
WEDNESDAY, MARCH 10, 1965
2051
"Section 2. It shall be the duty of the ordinary of Appling County, after the date of the approval of this Act by the Governor or after it otherwise becomes law, to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall set the election for Tuesday after the first Monday in November, 1966. 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 Appling County. The ballot shall have writ ten or printed thereon the words:
'For approval of the Act to provide for an annual audit and the publication thereof and to provide for the publication of a quarterly balance sheet and operating statement of the county.
'Against approval of the Act to provide for an annual audit and the publication thereof and to provide for the publication of a quar terly balance sheet and operating statement of the 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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling 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 regu lations 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."
Mr. Herndon of Appling moved that the House disagree to the Senate amend ment.
The motion prevailed and the House has disagreed to the Senate amendment to HB 538.
Mr. Johnson of Rowland arose on a point of personal privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 643. By Messrs. Peterson and Stalnaker of Houston: A Bill to be entitled an Act to create in and for the County of Houston the City Court of Warner Robins, and for other purposes.
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JOURNAL OF THE HOUSE,
The following Senate amendment was read:
Committee on C&M moves to amend HB 643 as follows:
By inserting in the title thereof between the words "to provide for a clerk, his appointment," and the word "compensation", the following, "election,".
By striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. In order to be eligible to be appointed or elected Judge of said City Court, a person at the time of said apopintment or election must have been a resident of Houston County continu ously for the three (3) years immediately preceding said appoint ment or election, must be a licensed attorney at law, and must have been a practicing attorney for at least five (5) years immediately preceding such appointment or election. Such person must also be at least twenty-five (25) years of age and must be a qualified registered voter of Houston County. The Judge is hereby authorized to practice law in any court, except the City Court of Warner Robins. Provided, however, that on and after January 1, 1967, the Judge of the City Court of Warner Robins shall not be permitted to en gage in the practice of law. He shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $12,000.00. In that year in which the term of office of the Judge shall expire, it shall be the duty of the gov erning authority of Houston County on or before the first day of July to fix the salary of the Judge of the City Court of Warner Robins for the next ensuing term of office of such Judge. The salary so fixed by the governing authority shall not be increased nor di minished during the term of office of that Judge which takes office on the first day of January following." By striking in its entirety Section 9 and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. In order to be eligible to be appointed or elected Solicitor of said City Court, a person must have resided in Houston County for one (1) year immediately preceding such appointment or election, and must be a licensed attorney at law engaged in an active practice of law with his main law office located in Houston
County. The Solicitor is hereby authorized to practice law in any court except the criminal side of the City Court of Warner Robins. Provided, however, on or after January 1, 1967, the Solicitor of the City Court of Warner Robins shall not practice in the City Court of Warner Robins. The Solicitor shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $6,000.00. In that year in which the term of office of the Solicitor shall expire, it shall be the duty of the gov erning authority of Houston County on or before the first day of July to fix the salary of the Solicitor of the City Court of Warner Robins for the next ensuing term of office of such Solicitor. The salary so fixed by the governing authority shall not be increased
WEDNESDAY, MARCH 10, 1965
2058
nor diminished during the term of office of that Solicitor which takes office on the first day of January following."
By striking in its entirety Section 13 and substituting in lieu thereof a new Section 13 to read a follows:
"Section 13. There shall be a Clerk of said City Court of Warner Robins who shall be appointed initially by the Judge of said Court, who shall hold office during the pleasure of said Judge of said Court and until December 31, 1966. At the general election in 1966, and every four years thereafter, the Clerk shall be elected in the same manner and shall serve for the same term of office as the Judge of said Court. Said Judge shall have the power to re move from office at any time any officer of said Court who holds office by appointment of the Judge. The Clerk shall be compensated at an annual salary to be fixed by the governing authority of Hous ton County and to be not less than $4,800.00. In that year in which the term of office of the Clerk shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the Clerk of the City Court of Warner Robins for the next ensuing term of office of such Clerk. The salary so fixed by the governing authority shall not be in creased nor diminished during the term of office of that Clerk which takes office on the first day of January following."
Mr. Peterson of Houston moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 643.
Messrs. Pope of Cherokee, Etheridge of Fulton and McCracken of Jefferson arose on a point of personal privilege and addressed the House.
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 700. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia, and for other purposes.
2054
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 Bagby Barber Beck Bedgood Black Blalock Bowen, J. 0. Brackin Branch Brantley Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dean DeLoach DeVane Dixon Dollar Duncan, A. C. Duncan, V. W.
Evans Floyd Flynt Fulford Gary Grahl Griffin Griffis Harris, J. R. Henderson
Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S.
Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McKemie McRae Melton Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D.
Nessmith, P. Odom Otwell Pafford Page Paris Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Richardson Roberts Roper Ross Rowland Rush Savage Sewell Simkins Simp son Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Strickland
Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Walker Watkins Wells White Williams, G. J. Wilson Woodward Wright
WEDNESDAY, MARCH 10, 1965
2055
Those not voting were Messrs.:
Acree Arnsdorff Balkcom Ballard Blair Bolton Bowen, R. L. Brooks, Wilson Caldwell Colwell Conger Conner Dailey Davis Dickinson Dorminy Doster Dunwody Etheridge Farrar Hale Hall
Harrell Harrington Harris, J. F. Harris, R. W. Hudgins Jones, C. M. Jones, P. C. Jones, G. Paul Looper Matthews, D. R. McClelland McDaniell Merritt Mitchell Newton, A. S. Newton, D. L. Oglesby Overby Parker Perry Pickard Reaves
Reid Rhodes Rodgers, H. B. Rogers, Jimmie Russell Shea Shuman Simmons Smith, Chas. C. Smith, G. L. II Spikes Steis Story Sweat Thomas Underwood Vaughan, D. N. Ware Watson Wiggins Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sweat of Ware stated that he would like to be recorded as voting "Aye".
SB 157. By Senators Sanders of the 41st, Johnson of the 42nd, and others:
A Bill to be entitled an Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four, and for other purposes.
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 Balkcom
Bailard Beck Bedgood Blair
Bowen, J. 0. Branch Brinkley Brown, Gene
2056
JOURNAL OP THE HOUSE,
Busbee Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. P. Collins, M. Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Duncan, V. W. Dunwody Evans Farrar Gary Grahl Griffis Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Houston Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S.
Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Luke Marshall Matthews, C. Mauldin McCracken McDaniell McRae Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Otwell Pafford Page Peterson
Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Richardson Roberts Roper Boss Rush Savage Sewell Shea Shuman Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Spikes Spillers Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Ware Wells White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Bagby Barber Black Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Carr
Chandler Coker, R. Colwell Conger Conner Davis Dollar Dorminy Doster Duncan, A. C. Etheridge Floyd Flynt Fulford Griffin
Hale Hall Harrell Harrington Hudgins Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Lane Lee, F. S. Lewis, P. B. Looper Lowrey Maddox
WEDNESDAY, MARCH 10, 1965
2057
Matthews, D. R. Mauney McClelland McKemie Melton Minge Mitchell Newton, A. S. Newton, D. L. Oglesby Overby Paris Parker Perry
Reaves Reid Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Russell Simmons Simpson Singer Smith, G. L. II Smith, J. R. Smith, V. T. Snow
Stalnaker Steis Story Strickland Sweat Thomas Underwood Vaughn, C. R. Watkins Watson Wiggins Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 100. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one dollar, and for other purposes.
The following Amendment was read and adopted:
Mr. Harris of DeKalb moves to amend SB 100 by striking from the 7th line on page 3 the words "and actually paid in" and substituting in lieu thereof the words "except that such powers may not be exercised until the subscription shall have been paid in;" and to amend the cap tion accordingly.
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 Balkcom Ballard
Barber Beck Black Blair Blalock
Bolton Bowen, J. 0. Brackin Brinkley Brown, Gene
2058
JOURNAL OF THE HOUSE,
Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dailey Dean DeVane Dickinson Dixon Duncan, A. C. Evans Fulford Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, M.
Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, D. R. Mauldin Mauney McCracken McRae Melton Merritt Minge Mitchell Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Otwell Paris Perry Peterson Phillips, G. S. Pickard Pope Poss Potts
Rainey Reaves Richardson Rogers, Jimmie Ross Rowland Rush Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Tidwell Tucker, J. B. Underwood Vaughan, D. N. Ware Watson Wells White Wiggins Wright
Those not voting were Messrs.:
Acree Anderson Bagby Bedgood Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Caldwell Chandler Colwell
Conger Conner Davis DeLoach Dollar Dorminy Doster Duncan, V. W. Dunwody Etheridge Farrar Floyd Flynt
Gary Hale Hall Harris, R. W. Howell Hudgins Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Laite Lambert
WEDNESDAY, MARCH 10, 1965
2059
Lane Lee, W. J. (Bill) Leonard Looper Maddox Matthews, C. McClelland McDaniell McKemie Milhollin Mixon Nessmith, P. Newton, D. L. Oglesby
Overby Pafford Page Parker Phillips, L. L. Reid Rhodes Roberts Rodgers, H. B. Roper Russell Shuman Simmons Smith, A. B.
Smith, G. L. II Smith, V. T. Thomas Thomason Tucker, Ray M. Vaughn, C. R. Walker Watkins Williams, G. J. Williams, W. M. Wilson 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.
SB 106. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Section 74-9902, relating to abandonment of children and the penalty therefor, so as to change the penalty provisions regarding abandonment, and for other purposes.
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 Beck Bedgood Black Blalock
Bolton Brinkley Brooks, Wilson Brown, Gene
Bynum Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Conger
Crowe Dailey DeVane Dickinson
Dollar Dorminy Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Fulford
Gary Grahl Griffin Griffis
2060
JOURNAL OF THE HOUSE,
Harrell Harris, J. F. Harris, J. R. Henderson Herndon Holder Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Kelly Knight, D. W. Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell
McRae Melton Mitchell Mixon Moore, Don C. Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Otwell Overby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Rhodes Richardson Rogers, Jimmie Rowland Rush Savage
Sewell Shea Simkins Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker
Steis Story Strickland Tabb Thomas Thomason Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Ware Watson Wells Wilson Woodward Wright
Those voting in the negative were Messrs.:
Branch Harrington Moate
Murphy Odom Ross
Sweat Wiggins
Those not voting were Messrs.:
Acree Bagby Balkcom Ballard Barber Blair Bowen, J. O. Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brown, M. P. Busbee Carr
Chandler Coker, G., Dr. Collins, J. F. Colwell Conner Davis Dean DeLoach Dixon Doster Dunwody Etheridge Farrar Hale
Hall Harris, R. W. Howell Hull Jessup Johnson, B. Jones, G. Paul Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard
Lewis, E. B. Looper Maddox Mauney McClelland McKemie Merritt Milhollin Minge Moore, J. H. Nessmith, P.
WEDNESDAY, MARCH 10, 1965
2061
Oglesby Pafford Parker Reid Roberts Rodgers, H. B. Roper Russell Shuman Simmons Simpson
Smith, G. L. II Smith, V. T. Tidwell Tucker, Ray M. Underwood Walker Watkins White Williams, G. J. Williams, W. M. Mr. Speaker
On the passage of the Bill, the ayes were 121, nays 8.
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 amendment thereto:
HB 506. By Mr. Jones of Liberty:
A Bill to be entitled an Act to create and incorporate the Town of Allenhurst and grant a Charter to that municipality under that name and style, and for other purposes.
The following Senate amendment was read:
HB 506 be and is hereby amended as follows:
Delete from Section 20 the following words or phrases: "electricity," "and other public utility service" and "or other utility" and add the word "and" in two places, so that said Section shall read as follows:
"Said Town of Allenhurst shall have full power and authority to furnish water, gas and heat for the public use of said town, and for private use and charge therefor; and to own, construct, enlarge, operate and maintain a system of waterworks and sewerage and gas. Said Town Council shall have full power and authority to grant franchises to any or all public utilities to such private persons, firms, or corporations as may be licensed to do such business in said town."
Mr. Jones of Liberty moved that the House agree to the Senate amendment.
2062
JOURNAL OP THE HOUSE,
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 506.
Mr. Hull of Richmond moved that the House insists on its position on the following Bill of the House and requested that a Committee of Conference be appointed:
HB 57. By Mr. Hull of Richmond:
A Bill to be entitled an Act to amend an Act creating the Mineral Leasing Commission, so as to increase the membership of the commis sion, and for other purposes.
The motion prevailed and the House has insisted and the Speaker appointed the following members on the part of the House:
Messrs. Hull of Richmond, Pickard of Muscogee and Jones of Liberty.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 108. By Mr. Brown of Bacon:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act ap proved August 6, 1915 (Ga. Laws 1915, p. 461), and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2634), so as to change the date of the election for mayor and councilmen; to clarify the provisions relating to the terms of office of councilmen; to change the hours for keeping the polls open for voting; to repeal conflicting laws; and for other purposes.
WEDNESDAY, MARCH 10, 1965
2063
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating a new charter for the City of Alma (formerly the Town of Alma), approved August 21, 1906 (Ga. Laws 1906, p. 496), as amended, particularly by an Act approved August 6, 1915 (Ga. Laws 1915, p. 461), and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2634), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Be it further enacted that the government of said city shall be vested in a city council composed of a mayor and 5 councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the City of Alma under the provisions of this charter until the expiration of the terms for which they have already been elected, and until their successors are elected and qualified. Elections for mayor and councilmen shall be held at the council chamber, or such other place in said city as the mayor of said city shall direct and designate. On the second Thursday in December 1965 and biennially thereafter, the mayor and 3 councilmen shall be elected for terms of office of 2 years each, and until their successors are elected and qualified. On the second Thursday in December 1966 and biennially there after, 2 councilmen shall be elected for terms of office of 2 years each, and until their successors are elected and qualified. Should there fail to be an election held in said city at the time above specified, from any cause whatever, the mayor of said city shall order an election held in said city by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said city; and notice shall be posted ten days before said election. The polls at all elections under this charter shall open at seven o'clock a.m., and shall be closed at seven o'clock p.m. The qualifications of voters at such election shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said city for six months next preceding the election, and the payment of all legal taxes required of them by said corporation.
"The salary of said mayor shall be not less than $300.00 per annum, and not more than $500.00 per annum, said amount to be determined by the city council of the City of Alma, and fixed by an ordinance of the same."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Brown of Bacon moved that the House agreed to the Senate substitute.
On the motion to agree, the ayes were 103, nays 0. The House has agreed to the Senate substitute to HB 108.
2064
JOURNAL OF THE HOUSE,
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 113. By Senators Gayner of the 5th, Holloway of the 12th, and others:
A Bill to be entitled an Act to amend Section 13-1009, so as to permit additional capital stock to be issued without first being offered to stockholders, and for other purposes.
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 Balkcom Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dollar Doster
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Flynt Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Herndon Holder Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey
Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McRae Melton Merritt Milhollin Minge Moate Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Pickard Pope Rainey Reaves
WEDNESDAY, MARCH 10, 1965
2065
Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C.
Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason
Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson White Wiggins Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Alien Bowen, R. L.
Henderson
Kelly
Those not voting were Messrs.:
Acree Bagby Ballard Bedgood Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Byrd Carr Chandler Coker, R. Collins, J. F. Colwell Davis Dixon Dorminy Evans Farrar Floyd Fulford
Gary Hale Hall Harrington Harris, R. W. Houston Howell Irvin Jones, C. M. Jones, F. C. Jones, G. Paul Laite Lane Leonard Looper Lovett Matthews, C. McClelland McKemie Mitchell Mixon Moore, Don C.
Moses Nessmith, P. Newton, D. L. Oglesby Phillips, G. S. Phillips, L. L. Poss Potts Reid Rodgers, H. B. Roper Russell Shuman Simmons Smith, A. B. Smith, V. T. Underwood Walker Wells Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 134, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
2066
JOURNAL OF THE HOUSE,
SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th and others:
A Bill to be entitled an Act to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to misdemeanor punish ment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury, and for other purposes.
The Report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Bowen, R. L. Brinkley Byrd Coker, G., Dr. Crowe Duncan, V. W. Gary Harris, J. F. Henderson Herndon Holder Hull
Irvin Jones, M. Jordan, Ben C. Lambert Matthews, C. Matthews, D. R. McDaniell Moore, J. H. Pickard Pope Poss Reaves
Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Steis Sweat Ware Watson
Those voting in the negative were Messrs.
Abney Alien Anderson Balkcom Ballard Beck Black Blalock Brackin Brooks, Geo. B. Brown, Gene Brown, M. P. Bynum Caldwell Carr Chandler Clarke, H. G. Collins, J. F.
Collins, M. Conger Dailey DeLoach DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Evans Floyd Grahl Harrell Harrington Houston Hudgins Hutchinson
Jessup Jones, F. C. Jordan, W. H. Kelly Knight, W. D. Lewis, P. B. Lovett Lowrey Marshall Mauldin McCracken McRae Merritt Milhollin Minge Mixon Moate Moses
NeSmith, J. D. Odom Oglesby Overby Page Paris Perry Peterson Phillips, G. S. Potts Rainey Rhodes Richardson
WEDNESDAY, MARCH 10, 1965
2067
Rogers, Jimmie Roper Rowland Russell Savage Shea Simpson Singer Smith, J. R. Snow Spillers Stalnaker Story
Strickland Tabb Thomas Tidwell Underwood Vaughn, C. R. Vaughan, D. N. Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Bagby Barber Bedgood Blair Bolton Bowen, J. 0. Branch Brantley Brooks, Wilson Busbee Clark, J. T. Coker, R. Colwell Conner Davis Dean Dixon Dunwody Etheridge Farrar Flynt Fulford Griffin Griffis Hale
Hall Harris, J. R. Harris, R .W. Howell Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Knight, D .W. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Luke Maddox Mauney McClelland McKemie Melton Mitchell Moore, Don C. Murphy Nessmith, P.
Newton, A. S. Newton, D. L. Otwell Pafford Parker Phillips, L. L. Reid Roberts Rodgers, H. B. Ross Rush Sewell Shuman Simmons Smith, V. T. Thomas Tucker, J. B. Tucker, Ray M. Walker Watkins Wells White Wiggins Wilson Mr. Speaker
On the passage of the Bill, the ayes were 34, nays 91.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
2068
JOURNAL OP THE HOUSE,
HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and others:
A Bill to be entitled an Act to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned, and for other purposes.
The following Senate amendment was read:
Senator Kilpatrick of the 44th moves to amend HB 554 as follows:
(a) by striking the word "is" in Section 1 thereof and inserting in lieu thereof the word "was".
(b) Renumbering Section 3 and Section 4 and striking the last sentence of Section 2 and inserting said sentence as a new section to be numbered Section 3.
Mr. Wiggins of Carroll 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
Arnsdorff Balkcom
Beck Bedgood Black
Blair Blalock Bolton Bowen, J. O. Brinkley Brown, M. P. Busbee Bynum Byrd Carr
Clark, J. T. Clarke, H. G. Collins, J. P.
Collins, M. Conger
Conner Crowe Dailey
DeLoach DeVane
Dickinson Dollar Doster
Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Flynt Grahl Griffin Griffis Harrell
Harrington Harris, J. P. Harris, J. R.
Henderson Herndon
Holder Houston Hudgins
Hull Hutchinson
Jessup Johnson, Dr. A. S. Johnson, B.
Jones, M. Kelly Knight, W. D. Lambert Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey
Maddox Marshall Matthews, D. R.
Mauldin Mauney
McCracken McDaniell Melton Merritt Milhollin Minge Mixon Murphy Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S.
WEDNESDAY, MARCH 10, 1965
2069
Potts Rainey Reaves Reid Rhodes Richardson Roberts Ross Rowland Russell , Savage Sewell Shea Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker
Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acre* Bagby Ballard Barber Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Caldwell Chandler Coker, G., Dr. Coker, R. Colwell Davis Dean Dixon Dorminy Etheridge Farrar Fulford Gary
Hale Hall Harris, R. W. Howell Irvin Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lane Leonard Lewis, E. B. Looper Luke Matthews, C. McClelland McKemie McRae Mitchell Moate Moore, Don C.
Moore, J. H. Moses NeSmith, J. D. Phillips, L. L. Pickard Pope Poss Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Smith, V. T. Thomason Tucker, J. B. Wells Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 133, nays 0.
The House has agreed to the Senate amendment to HB 554.
2070
JOURNAL OF THE HOUSE,
Mr. Busbee of Dougherty moved that the House adopt the report of the Committee of Conference on the following Bill of the House:
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others:
A Bill to be entitled an Act to amend Code Section 47-101, relating to apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives, and for other purposes.
The following Conference Committee report was read:
The Conference Committee on HB 367 recommends the following:
(1) That the Senate recede from its position on the Senate Amend ment relative to Districts 107, 108 and 109 (Bibb County).
(2) That the House recede from its position on the Senate Amend ment which was proposed by the Senate Rules Committee relative to Districts 101, 102 and 103 (Cobb County); and relative to the following:
"By striking from the end of Section 1 the following:
'Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Repre sentatives, provided that in Representative Districts that remain the same as the county from which a Representative or Representa tives was elected to serve from the period beginning on the second Monday in January, 1965 until the second Monday in January, 1967, under the laws of the State of Georgia, said Representatives shall remain in office and complete the terms they were elected for under the laws and Constitution of the State of Georgia. The At torney General of the State of Georgia is hereby directed to petition the United States Courts to seek their permission for such Repre sentatives to serve until the second Monday in January, 1967.'
and inserting in lieu thereof the following:
'Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Repre sentatives.' "
(3) That both the House and Senate recede from their positions on the Senate Amendment relative to Districts 120, 121, 122, 123, 124, 125, 126 and 127 (Pulton County), and the Committee recommends the attached change be adopted by both the Senate and the House.
(4) That Section 1 of the Bill be amended by striking the following language:
WEDNESDAY, MARCH 10, 1965
2071
"Each Representative must be a resident of the Representative District which he represents and shall be elected only by the voters of such District.",
and inserting in lieu thereof the following:
"At the time of his election, a member of the House of Repre sentatives must have been a resident of the territory from which elected for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District."
Respectfully submitted,
FOR THE SENATE:
Webb of llth Jackson of 16th Coggin of 35th
FOR THE HOUSE:
Busbee of Dougherty Hale of Dade Smith of Emanuel
District No. 120: To have one representative and to consist of the following described areas in Fulton County, Georgia:
PRECINCT "F"
Beginning at the intersection of Beecher Court and Beecher Street; extending east along Beecher Street to Donnelly Avenue; southeast along Donnelly Avenue to Hall Street; southwest along Hall Street to Richland Road; west along Richland Road to Westmont Road; south along Westmont Road to Avon Avenue; east along Avon Avenue to Lorenzo Drive; south along Lorenzo Drive to the 1951 City Limits; southwest along the 1951 City Limits to Venetian Drive; west along Venetain Drive to Sandtown Road; thence northwest along Sandtown Road to Cascade Road; thence east and northeast along Cascade Road to Cascade Circle; north along Cascade Circle to the south line of John A. White Park; northwest, north and east along the property line of John A. White Park to North Utoy Creek; southeast and east along North Utoy Creek to the southerly projection of Beecher Court; north along the southerly projection of Beecher Court and Beecher Court to Beecher Street at the point of beginning.
Also
PRECINCT "Q"
Beginning at the intersection of Lawton Street and Beecher Street; extending east along Beecher Street to Lee Street; south along Lee
2072
JOURNAL OF THE HOUSE,
Street to the Central of Georgia Railroad; southwest along the Central of Georgia Railroad to the L & N Railroad; northwest along the L & N. Railroad to Lawton Street; northeast along Lawton Street to Beecher Street at the point of beginning.
Also
PRECINCT "E"
Beginning at the intersection of the Central of Georgia Railway and the L & N Railroad; extending southwest along the Central of Georgia Railway to the north boundary line of Fort McPherson at the 1951 City Limits; thence generally west and northeast along the 1951 City Limits to Lorenzo Drive; north along Lorenzo Drive to Avon Avenue; west along Avon Avenue to Westmont Road; north along Westmont Road to Richland Road; east along Richland Road to Hall Street; northeast along Hall Street to Donnelly Avenue; northeast along Lawton Street to the L & N Railroad; southeast along the L & N Railroad to the Central of Georgia Railway at the point of beginning.
Also
PRECINCT "P"
Beginning at the intersection of North Utoy Creek and Peyton Road; extending south and southeast along Peyton Road to Sewell Road at Veltre Circle; southwest and south along Veltre Circle to Cascade Road; west along Cascade Road to the City Limits; generally north along the City Limits to North Utoy Creek; generally southeast along North Utoy Creek to Peyton Road at the point of beginning.
Also
PRECINCT "K"
Beginning at the intersection of Venetian Drive at Cascade Road; extending east along Cascade Road to Sandtown Road; southeast along Sandtown Road to Venetian Drive; east along Venetian Drive to the 1951 City Limits; southwest, northeast and east along the 1951 City Limits to the Central of Georgia Railway; south along the Central of Georgia Railway to the City Limits; generally west along the City Limits to DeLowe Drive; north along DeLowe Drive to Venetian Drive; northwest along Venetian Drive to Cascade Road at the point of begin ning.
Also
PRECINCT "H"
Beginning at the intersection of Peyton Road and North Utoy Creek; extending generally east along North Utoy Creek to the north property line of John A. White Park; west, south and southeast along
WEDNESDAY, MARCH 10, 1965
2073
the property line of John A. White Park to Cascade Circle; south along Cascade Circle to Cascade Road; southwest and west along Cascade Road to Veltre Circle; north and northeast along Veltre Circle to Sewell Road at Peyton Road; northwest and north along Peyton Road to north Utoy Creek at the point of beginning.
Also
PRECINCT "J"
Beginning at the intersection of Cascade Road and Childress Drive; south and southeast along Childress Drive to the City Limits; generally south along the City Limits to Stone Road; northwest along Stone Road to Pairburn Road; north along Fairburn Road to the City Limits; north, east and north along the City Limits to Cascade Road; southeast along Cascade Road to Childress Drive at the point of beginning.
Also
Beginning at the intersection of Childress Drive and Cascade Road; extending east along Cascade Road to Venetian Drive; southeast along Venetian Drive to DeLowe Drive; generally south along DeLowe Drive to the City Limits; generally west and south along the City Limits to Childress Drive; northwest and north along Childress Drive to Cascade Road at the point of beginning.
District No. 121: To have one representative and to consist of the following described areas in Fulton County, Georgia:
G. M. District 734 (Old Ninth) Also
PRECINCT "I"
7-1
Beginning at the intersection of Fairburn Road and Stone Road; extending southeast along Stone Road to the City Limits; generally south, west, north and east along the City Limits of Fairburn Road at the northeast corner of Land Lot 8, 14th District (formerly Fayette County), Fulton County; south along Fairburn Road to Stone Road at the point of beginning.
Also
All of Georgia Militia District 731 (Sandtown District)
Also All of Ward 1 of City of East Point lying west of DeLowe Drive.
2074
JOURNAL OF THE HOUSE,
Also
All of 1st ward of City of East Point lying East of DeLowe Drive.
Also
All of Second Ward of City of East Point.
Also that portion of G. M. District 1615 (College Park) lying out side the corporate limits of the city of College Park.
District No. 122: To have one representative and to consist of the following described areas in Fulton County, Georgia:
G. M. District 1725 (Union City) G. M. District 1204 (Union) G. M. District 757 (Goode) G. M. District 733 (Campbellton) G. M. District 652 (Palmetto) G. M. District 1165 (Rivertown) G. M. District 499 (Red Oak)
Also
PRECINCT "C"
Commencing at the point where the center line of Camp Creek Parkway, as shown on the plans, profiles and maps on record in the office of the Director of Public Works of Fulton County, intersects the line dividing Clay ton and Fulton Counties; thence southerly along said line dividing Clayton and Fulton Counties to the south line of the corporate limits of the City of College Park; thence westerly, northerly and otherwise along the corporate limits of the City of College Park to the center line of Camp Creek Parkway; thence easterly and southeaster ly along the center line of Camp Creek Parkway to the point of beginning.
PRECINCT "A"
Commencing at the point where the center line of the Atlanta & West Point Railroad intersects the north line of the corporate limits of the City of College Park (said line likewise being the south line of East Point); thence southwesterly along the center line of said Atlanta & West Point Railroad to the line dividing Clayton and Fulton Counties; thence northerly along the line dividing Clayton and Fulton Counties, and continuing westerly along said line dividing Clayton and Fulton Counties to the center line of Camp Creek Parkway, as shown on the plans, maps and profiles of same on record in the office of the Director
WEDNESDAY, MARCH 10, 1965
2075
of Public Works of Fulton County; thence westerly and northwesterly along the center line of said Camp Creek Parkway to the west line of the corporate limits of the City of College Park; thence northerly, easter ly and again northerly, northeasterly and easterly along the corporate limits of the City of College Park to the point of beginning.
Excepted, however, from the foregoing description of Precincts C & A is that portion of the G.M. District 1615 (College Park) lying outside of the corporate limits of the City of College Park.
District No. 123: The whole of Fulton County at Large, three (3) Representatives.
District No. 124: To have one representative and to consist of the following described areas in Fulton County, Georgia:
PRECINCT "A"
1-A
Beginning at the intersection of Whitehall Street and the W&A Railroad; extending southeast along the W&A Railroad to the Georgia Railroad; continuing southeast along the Georgia Railroad to Butler Street; southwest along Butler Street and the projection of Butler Street to Capitol Avenue; south along Capitol Avenue to Georgia Avenue; west along Georgia Avenue to McDaniel Street; north and northwest along McDaniel Street to Whitehall Street; northeast along Whitehall Street to the W&A Railroad at point of beginning.
Also
PRECINCT "C"
1-C
Beginning at the intersection of McDaniel Street and Georgia Ave nue; extending east along Georgia Avenue to Capitol Avenue; south along Capitol Avenue to A&WP Railroad; southwest and west along A&WP Railroad to southerly projection of McDaniel Street; north along southerly projection of McDaniel Street and McDaniel Street to Georgia Avenue at point of beginning.
Also
PRECINCT "I"
1-1
Beginning at the intersection of Butler Street and the Georgia Rail road; extending east along the Georgia Railroad to Oakland Avenue; south along Oakland Avenue to Memorial Drive; west along Memorial Drive to Kelly Street; south along Kelly Street to Glenwood Avenue; west along Glenwood Avenue to Connally Street; south along Connally Street to Fulton Street; west along Fulton Street, with off-set north at Martin Street, to Capitol Avenue; north along Capitol Avenue to south west projection of Butler Street; northeast along southwest projection of Butler Street and Butler Street to Georgia Railroad at point of beginning.
2076
JOURNAL OF THE HOUSE,
Also
PRECINCT "X"
3-X
Beginning at the Intersection of Simpson Street and the W&A Rail road; extending southeast along the W&A Railroad to Whitehall Street; southwest along Whitehall Street to the Central of Georgia Railway at Park Street; northeast along the Central of Georgia Railway to Fair Street; northwest along Fair Street to Walker Street; northeast along Walker Street to Nelson Street; northeast along Nelson Street to Elliott Street; north along Elliott Street, with offsets westerly at Mitchell Street and easterly at Block Place to Simpson Street; east along Simpson Street to the W&A Railroad at the point of beginning.
District No. 125: To have one representative and to consist of the following described areas in Fulton County, Georgia:
PRECINCT A:
4-A
Beginning at the Intersection of the Central of Georgia Railway and Astor Avenue; extending easterly along Astor Avenue to Sylvan Road; north along Sylvan Road to Bridgewater Street; east along Bridgewater Street to Lisbon Drive; south and east along Lisbon Drive to Brewer Boulevard; south along Brewer Boulevard to the Westerly Projection of the north line of Stewart-Lakewood Shopping Center; east along the north line of the Stewart-Lakewood Shopping Center to Stewart Avenue; south along Stewart Avenue to Lakewood Avenue; east along Lakewood Avenue to the South Expressway; southeast and south along the South Expressway to the City Limits at Mount Zion Road; generally west, north and west along the City Limits line to the Central of Georgia Railway; north along the Central of Georgia Rail way to Astor Avenue at the point of beginning.
Also
PRECINCT B:
4-B
Beginning at the intersection of Whitehall Street and McDaniel Street; extending south along McDaniel Street and the southerly projec tion of McDaniel Street to the A&WP Railroad; west along the A&WP Railroad to the L&N Railroad; northwest along the L&N Railroad to the Central of Georgia Railway; northeast along the Central of Georgia Railway to Whitehall Street; northeast along Whitehall Street to Mc Daniel Street at the point of beginnnig.
Also 4-D
Beginning at the Intersection of the Central of Georgia Railway and the L&N Railroad; southeast along the L&N Railroad to the South Expressway; southwest along the South Expressway to Lakewood Ave-
WEDNESDAY, MARCH 10, 1965
2077
nue; west along Lakewood Avenue to Stewart Avenue; North along Stewart Avenue to the Easterly Projection of the south line of Perkerson Park; west along the Easterly Projection of Perkerson Park and the south line of Perkerson Park to the west line of Perkerson Park; north along the west line of Perkerson Park to Deckner Avenue; west along Deckner Avenue with southerly offset at Sylvan Road to Langston Ave nue; northwest along Langston Avenue to the Central of Georgia Rail way; northeast along the Central of Georgia Railway to the L&N Rail road at the point of beginning.
Also
PRECINCT G:
4-G
Beginning at the Intersection of the Central of Georgia Railway and Langston Avenue; extending southeast along Langston Avenue to Deck ner Avenue; east along Deckner Avenue, with northerly offset at Sylvan Road, to the west line of Perkerson Park; east along the south line of Perkerson Park and the Easterly Projection to Stewart Avenue; south along Stewart Avenue to the north line of the Stewart-Lakewood Shop ping Center; west along the north line of the Stewart-Lakewood Shop ping Center and the Westerly Projection to Brewer Boulevard; north along Brewer Boulevard to Lisbon Drive; west and north along Lisbon Drive to Bridgewater Street; west along Bridgewater Street to Sylvan Road; south along Sylvan Road to Astor Avenue; west along Astor Ave nue to the Central of Georgia Railway; north along the Central of Geor gia Railway to Langston Avenue at the point of beginning.
District No. 126: To have one representative and to consist of the following described areas in Fulton County, Georgia:
All of (Hapeville) City of Hapeville, and the unincorporated area of Fulton County west of the City Limits of Hapeville and east of the City Limits of East Point.
Also
3rd and 4th Wards of City of East Point.
Also
College Park east of A&WP Railroad. 1-B
District No. 127: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at the intersection of Memorial Drive and Kelly Street; extending east along Memorial Drive to Cherokee Avenue; south along Cherokee Avenue to Georgia Avenue; west along Georgia Avenue to Capitol Avenue; north along Capitol Avenue to Fulton Street; east along Fulton Street, with off-set south at Martin Street, to Connally Street; north along Connally Street to Glenwood Avenue; east along Glenwood
2078
JOURNAL OF THE HOUSE,
Avenue to Kelly Street; north along Kelly Street to Memorial Drive at point of beginning.
Also 1-D
Beginning at the intersection of Oakland Avenue and the Georgia Railroad; extending northeast along the Georgia Railroad to the norther ly projection of Pearl Street; south along the northerly projection of Pearl Street and Pearl Street to Memorial Drive; east along Memorial Drive to the A&WP Railroad; south and southwest along the A&WP Railroad to southerly projection of Cherokee Avenue; north along the southerly projection of Cherokee Avenue and Cherokee Avenue to Me morial Drive; west along Memorial Drive to Oakland Avenue; north along Oakland Avenue to the Georgia Railroad at point of beginning.
Also 1-H
Beginning at the intersection of Capitol Avenue and Georgia Ave nue; extending east along Georgia Avenue to Cherokee Avenue; south along Cherokee Avenue and southerly projection of Cherokee Avenue to A&WP Railroad; west and southwest along A&WP Railroad to Capitol Avenue; north along Capitol Avenue to Georgia Avenue at the point of beginning.
District No. 128: To have one representative and to consist of the following described areas in Fulton County, Georgia:
4-1
Beginning at the Intersection of the South Expressway and the A&WP Railroad; northeast along the A&WP Railroad to Capitol Ave nue; south along Capitol Avenue to Claire Drive; northwest along Claire Drive to Pryor Road; north along Pryor Road to Hipp Street; west along Hipp Street and the Westerly Projection to the South Express way; northeast along the South Expressway to the A&WP Railroad at the point of beginning.
Also 4-K
Beginning at the Intersection of Claire Drive and Capitol Avenue, south along the west line of Land Lots 58 and 59 to South River; South east along South River to Browns Mill Road; southwest along Browns Mill Road to Cleveland Avenue; west along Cleveland Avenue to the South Expressway; North along the South Expressway to the Westerly Projection of Hipp Street; east along Hipp Street to Pryor Road; south along Pryor Road to Claire Drive; southeast along Claire Drive to Capitol Avenue at the point of beginning.
Also 4-M
Beginning at the Intersection of the South Expressway and Cleve land Avenue; east along Cleveland Avenue to Browns Mill Road; south,
WEDNESDAY, MARCH 10, 1965
2079
southeast and southwest along Browns Mill Road to the Central of Geor gia Railway; northwest along the Central of Georgia Railway to the City Limits at the South Expressway; north along the South Express way to Cleveland Avenue at the point of beginning.
Also 4-H
Beginning at the Intersection of Browns Mill Road and Springside Drive; east along Springside Drive to Humphries Drive; south along Humphries Drive to School Drive; east along School Drive to Jonesboro Road; north along Jonesboro Road to Hutchens Road; southeast along Hutchens Road to Forrest Park Road, south along Forrest Park Road to the Circumferential Expressway to the City Limits at the FultonDeKalb Line; south, west, north and east along the City Limits to the Central of Georgia Railway; southeast along the Central of Georgia Railway to Browns Mill Road; northeast, north, and northwest along Browns Mill Road to Springside Drive at the point of beginning.
Also 4-L
Beginning at the Intersection of Jonesboro Road and Constitution Road; east along Constitution Road to the City Limits of the FultonDeKalb County Line; South along the City Limits to the Circumferen tial Expressway; southwest along the Circumferential Expressway to Forrest Park Road; north along Forrest Park Road to Hutchens Road; northwest along Hutchens Road to Jonesboro Road; southwest along Jonesboro Road to School Drive; west along School Drive to Humphries Drive; northwest along Humphries Drive to Springside Drive; west along Springside Drive to Browns Mill Road; north and northeast along Browns Mill Road to McWilliams Road; east along McWilliams Road to Burroughs Avenue; north along Burroughs Avenue to Harper Road; east along Harper Road to Jonesboro Road; southeast along Jonesboro Road to Constitution Road at the point of beginning.
District No. 129: To have one representative and to consist of the following described areas in Fulton County, Georgia:
1-E
Beginning at the Intersection of Moreland Avenue and the Georgia Railroad; extending south along Moreland Avenue to Glenwood Avenue; west along Glenwood Avenue to the A&WP Railroad; north along the Georgia Railroad to Memorial Drive; west along Memorial Drive to Pearl Street; north along Pearl Street and the northerly projection of Pearl Street to the Georgia Railroad; northeast along the Georgia Rail road to Moreland Avenue at point of beginning.
Also 1-G
Beginning at the Intersection of Moreland Avenue and Glenwood Avenue; extending south along Moreland Avenue to the 1951 City Limits 600 feet south of East Confederate Avenue; northwest along the 1951
2080
JOURNAL OF THE HOUSE,
City Limits to the A&WP Railroad; northeast along the A&WP Rail road to Glenwood Avenue; east along Glenwood Avenue to Moreland Avenue at point of beginning.
Also 4-F
Beginning at the Intersection of Capitol Avenue and the A&WP Railroad; northeast along the A&WP Railroad to Boulevard; south along Boulevard to McDonough Boulevard; west along McDonough Boulevard to Sawtell Avenue; south along Sawtell Avenue to the Southern Railway; northwest along the Southern Railway to the Easterly Projection of Margaret Street; west along Margaret St. with southerly offset at Lakewood Avenue to Jonesboro Road; west along Meldon Avenue to Capitol Avenue; north along Capitol Avenue to A&WP Railroad at the point of beginning.
Also 4-J
Beginning at the Intersection of Boulevard and the A&WP Railroad; northeast along the A&WP Railroad to the 1951 City Limits 600 feet south of East Confederate Avenue; southeast along the 1951 City Limits to Moreland Avenue; south along Moreland Avenue to the Southern Rail way; northwest along the Southern Railway to Sawtell Avenue; north along Sawtell Avenue to McDonough Boulevard; east along McDonough Boulevard to Boulevard; north along Boulevard to the A&WP Railroad at the point of beginning.
Also 4-C
Beginning at the Intersection of Capitol Avenue and Meldon Ave nue; east and northeast along Meldon Avenue to Jonesboro Road; north east along Margaret Street, with northerly offset at Lakewood Avenue, to the Southern Railway; southeast along the Southern Railway to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to Constitution Road; west along Constitution Road to Jonesboro Road; northwest along Jonesboro Road to Harper Road; west along Harper Road to Burroughs Avenue; south along Burroughs Avenue to McWilliams Road; west along McWilliams Road to Browns Mill Road; west and southwest along Browns Mill Road to South River; northwest along South River to the west line of Land Lot 59, 14th District, Fulton Coun ty; north along the west line of Land Lot 59, Land Lot 58 and Capitol Avenue to Meldon Avenue at the point of beginning.
District No. 130: To have one representative and to consist of the following described areas in Fulton County, Georgia:
8-H
Beginning at the Intersection of the north line of Land Lot 48, 17th District, Fulton County and the Southern Railway; extending generally northeast along the Southern Railway to the City Limits; south along the City Limits to the north line of Land Lot 6, 17th District, Fulton County; west along the north line of Land Lots 6 and 48 to the Southern Railway at the point of beginning.
WEDNESDAY, MARCH 10, 1965
2081
Also
5-1
Beginning at the Intersection of the Southern Railway and Peachtree Creek; extending northeast along the Southern Railway to the north line of Land Lot 48, 17th District, Fulton County; east along the north line of Land Lots 48 and 6 to the Fulton-DeKalb County Boundary Line; south along the Fulton-DeKalb County Boundary Line to Peachtree Creek; thence generally southwest along Peachtree Creek to the South ern Railway at the point of beginning.
Also
6-C
Beginning at the Intersection of the Southern Railway and Peachtree Creek; northeast along Peachtree Creek to the Fulton-DeKalb Coun ty Line; south along the Fulton-DeKalb County Line to Meadowdale Ave nue; southwest along Meadowdale Avenue to Wildwood Road; west along Wildwood Road to North Rock Spring Road; northwest along North Rock Spring Road to Piedmont Road; west along Rock Spring Road and Westerly Projection to the Southern Railway Belt Line; north along the Southern Railway Belt Line to the Southern Railway; northeast along the Southern Railway to Peachtree Creek at the point of beginning.
Also 6-F
Beginning at the Intersection of the Southern Railway Belt Line and the Westerly Projection of Rock Spring Road; east along the West erly Projection of Rock Spring Road and Rock Spring Road to Piedmont Avenue; southeast along North Rock Spring Road to Wildwood Road; northeast and east along Wildwood Road to Meadowdale Avenue; north east along Meadowdale Avenue to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to University Drive; northwest along University Drive to North Highland Avenue; southwest along North Highland Avenue to North Morningside Drive; northwest along North Morningside Drive to Yorkshire Road; west along Yorkshire Road to Monroe Drive; northwest along Monroe Drive to Piedmont Avenue; southwest along Piedmont Avenue to the Southern Railway Belt Line; northwest along the Southern Railway Belt Line to the Westerly Projec tion of Rock Spring Road at the point of beginning.
Also 6-A
Beginning at the Intersection of Amsterdam Avenue and North Highland Avenue; North and Northeast along North Highland Avenue to University Drive; southwest along University Drive to the FultonDeKalb County Line; south along the Fulton-DeKalb County Line to St. Charles Place; west along St. Charles Place and St. Charles Avenue to Barnett Street; north along Barnett Street and the northerly projec tion of Barnett Street to Amsterdam Avenue; east along Amsterdam Avenue to North Highland Avenue at the point of beginning.
2082
JOURNAL OF THE HOUSE,
Also
6-B
Beginning at the Intersection of Moreland Avenue and Austin Ave nue, extending west along Austin Avenue to Elizabeth Street; north along Elizabeth to North Highland Avenue; southwest along North Highland Avenue to the Southern Railway Belt Line; northeast, north and northwest along the Southern Railway Belt Line to the westerly projection of St. Charles Avenue; east along the westerly projection of St. Charles Avenue and St. Charles Avenue to North Highland Avenue; east along St. Charles Place to the Fulton-DeKalb County Boundary Line; south along the Fulton-DeKalb County Boundary Line and Moreland Avenue to Austin Avenue at the point of beginning.
Also 6-D
Beginning at the intersection of Moreland Avenue and Austin Ave nue; extending south along Moreland Avenue to the Georgia Railroad; southwest along the Georgia Railroad to the Southern Railway Belt Line; northeast along the Southern Railway Belt Line to North High land Avenue; northeast along North Highland Avenue to Elizabeth Street; south along Elizabeth Street to Austin Avenue; east along Austin Avenue to Moreland Avenue at the point of beginning.
District No. 131: To have one representative and to consist of the following described areas in Fulton County, Georgia:
1-F
Beginning at the Intersection of Spring Street and North Avenue; extending east along North Avenue to Bedford Place; south along Bed ford Place to Forrest Avenue; west along Forrest Avenue to Butler Street; south and southwest along Sutler Street to the Georgia Rail road; northwest along the Georgia Railroad to the W&A Railroad; north west along the W&A Railroad to Spring Street; northeast and north along Spring Street to North Avenue at the point of beginning.
Also 3-Y
Beginning at the Intersection of Williams Street and North Avenue; extending east along North Avenue to Spring Street; south and south west along Spring Street to the W&A Railroad; northwest along the W&A Railroad to Cain Street; northeast and east, with southeasterly offset at Luckie Street, to Williams Street; north along Williams Street to North Avenue at the point of beginning.
Also 5-G
Beginning at the Intersection of Tenth Street and Argonne Avenue, extending south along Argonne Avenue to North Avenue; west along North Avenue to West Peachtree Street; north along West Peachtree Street to Tenth Street; east along Tenth Street to Argonne Avenue at the point of beginning.
WEDNESDAY, MARCH 10, 1965
2083
Also 5-E
Beginning at the Intersection of Tenth Street and Argonne Avenue; extending east along Tenth Street to the Southern Railway Belt Line; southeast along the Southern Railway Belt Line to North Avenue; west along North Avenue to Argonne Avenue; north along Argonne Avenue to Tenth Street at the point of beginning.
Also 6-E
Beginning at the Intersection of the Southern Railway Belt Line and Piedmont Avenue; northeast along Piedmont Avenue to Monroe Drive; southeast along Monroe Drive to Yorkshire Road; east along Yorkshire Road to North Morningside Drive; southeast along North Morningside Drive to North Highland Avenue; south along North High land Avenue to Amsterdam Avenue; west along Amsterdam Avenue to the Northerly Projection of Barnett Street; south along the Northerly Projection of Barnett Street and Barnett Street to St. Charles Avenue; west along St. Charles Avenue and its westerly projection to the South ern Railway Belt Line; northwest along the Southern Railway Belt Line to Piedmont Avenue at the point of beginning.
District No. 132: To have one representative and to consist of the following described areas in Fulton County, Georgia:
6-H
Beginning at the Intersection of Butler Street and Forrest Avenue; extending east along Forrest Avenue to Willoughby Way; east along Willoughby Way to the Southern Railway Belt Line; southwest along the Southern Railway Belt Line to Irwin Street; west along Irwin Street to Houston Street; southwest along Houston Street to Butler Street; north along Butler Street and its Northerly Projection to Forrest Avenue at the point of beginning.
Also 6-1
Beginning at the Intersection of Bedford Place and North Avenue; east along North Avenue to the Southern Railway Belt Line; southeast along the Southern Railway Belt Line to Willoughby Way; west along Willoughby Way to Forrest Avenue; west along Forrest Avenue to Bedford Place; north along Bedford Place to North Avenue at the point of beginning.
Also 6-J
Beginning at the Intersection of Houston Street and Butler Street; extending northeast along Houston Street to Irwin Street; east along Irwin Street to the Southern Railway Belt Line; southwest along the Southern Railway Belt Line to the Georgia Railroad; southwest and west along the Georgia Railroad to Butler Street; northeast and north along Butler Street to Houston Street at the point of beginning.
District No. 133: To have one representative and to consist of the following described areas in Fulton County, Georgia:
2084
JOURNAL OF THE HOUSE,
3-V
Beginning at the City Limits along the Chattahoochee River and the Southern Railway; southeast and east along the Southern Railway to Hollywood Road; south along Hollywood Road to Proctor Creek; thence generally northwest along Proctor Creek to the City Limits at the Chat tahoochee River; northeast along the City Limits to the Southern Rail way at the point of beginning.
Also 3-L
Beginning at the Intersection of Bankhead Highway and the City Limits at the Chattahoochee River; extending northeast along the City Limits to Proctor Creek; generally southeast along Proctor Creek to North Street; southwest along North Street to Ruth Street; west along Ruth Street to Gun Club Road; south along Gun Club Road to Hollywood Drive; southwest along Hollywood Drive to Hollywood Road; northwest along Hollywood Road to North Grand Avenue; southwest and south along North Grand Avenue, with westerly off-set at Sisk Street, to Bankhead Highway; west and northwest along Bankhead Highway to the City Limits at the Chattahoochee River at the point of beginning.
Also 3-R
Beginning at the Intersection of the City Limits at the Chattahoo chee River and Bankhead Highway; extending southeast along Bankhead Highway to Gary Road; south along Gary Road and the southerly projection of Gary Road, with westerly off-set at Baker Road, to Simpson Road; west along Simpson Road to Hightower Road; continuing west along Collier Drive to Gordon Road; northwest along Gordon Road to the City Limits; north and northeast along the City Limits to Bankhead Highway at the point of beginning.
Also 7-L
Beginning at the Intersection of Collier Drive and Linkwood Road; south along Linkwood Road to Gordon Road; east along Gordon Road to Harlan Road; south and east along Harlan Road to Peyton Road; south along Peyton Road to North Utoy Creek; generally west along North Utoy Creek to the City Limits; generally north, west and north along the City Limits to Gordon Road; southeast along Gordon Road to Collier Drive; southeast along Collier Drive to Linkwood Road at the point of beginning.
Also 7-B
Beginning at the Intersection of Linkwood Road and Collier Drive; extending east along Collier Drive to Hightower Road; continuing east along Simpson Road to the west line of Land Lot 179, 14th District, Ful ton County; south along the west line of Land Lots 179 and 180 to the A.C.L. Railroad; southeast along the A.C.L. Railroad to Wilson Avenue; south along Wilson Avenue and the southerly projection of same to Gordon Road at the northwest corner of the Westview Cemetery prop-
WEDNESDAY, MARCH 10, 1965
2085
erty; south, west, south and east along the property line of Westview Cemetery to the northwest corner of Land Lot 171, 14th District. Fulton County; south along the west line of Land Lot 171 to North Utoy Creek; generally west along North Utoy Creek to Peyton Road; north along Peyton Road to Harlan Road; west and north along Harlan Road to Gordon Road; west along Gordon Road to Linkwood Road; northwest along Linkwood Road to Collier Drive at the point of beginning.
Also F-78
The area described on Census Tract F-78, as per the Census Tract Street Index, Atlanta Standard Metropolitan Statistical Area, prepared by and on file in the office of the Atlanta Region Metropolitan Planning Commission, 900 Glenn Building, Atlanta 3, Georgia, April 1962; ex cepting, however, any portion thereof embraced within any District specifically named herein.
District No. 134: To have one representative and to consist of the following described areas in Fulton County, Georgia:
3-B
Beginning at the Intersection of Simpson Street and the L&N Rail road; extending east along Simpson Street to Ashby Street; south along Ashby Street to Hunter Street; west and southwest along Hunter Street to the L&N Railroad; north along the L&N Railroad to Simpson Street at the point of beginning.
Also 7-P
Beginning at the Intersection of Simpson Road and West Lake Ave nue; extending south along West Lake Avenue to the A.C.L. Railroad; west along the A.C.L. Railroad to the west line of Land Lot 180, 14th District, Fulton County; north along the west line of Land Lots 180 and 179 to Simpson Road; east along Simpson Road to West Lake Avenue at the point of beginning.
Also 3-P
Beginning at the Intersection of the L&N Railroad and Bankhead Avenue; extending northeast and east along Bankhead Avenue to Ashby Street; south along Ashby Street to Simpson Street; west along Simpson Street to the L&N Railroad; northwest along the L&N Railroad to Bankhead Avenue at the point of beginning.
Also 3-C
Beginning at the Intersection of Bankhead Highway and Gary Road; extending east and southeast along Bankhead Highway to the L&N RailRoad; southeast along the L&N Railroad to Simpson Road; west along Simpson Road to the southerly projection of Gary Road, north along the southerly projection of Gary Road and Gary Road, with easterly off-set at Baker Road, to Bankhead Highway at the point of beginning.
2086
JOURNAL OF THE HOUSE,
Also 3-G
Beginning at the intersection of West Marietta Street and the L & N Railroad; extending east and southeast along West Marietta Street to Ashby Street; south along Ashby Street to Bankhead Avenue; west and southwest along Bankhead Avenue to the L & N Railroad; northwest along the L & N Railroad to West Marietta Street at the point of begin ning.
Also
3-Q
Beginning at the intersection of Bankhead Highway and North Grand Avenue; extending north and northeast along North Grand Avenue, with easterly off-set at Sisk Street, to Hollywood Road; south west along Hollywood Road to Hollywood Drive; northeast along Holly wood Drive to Gun Club Road; north along Gun Club Road to Ruth Street; east along Ruth Street to North Street; northeast along North Street to the north line of Land Lot 226, 17th District; east along the north line of Land Lot 226 to the east line of Land Lot 226; south along the east line of Land Lot 226 to Proctor Creek; southeast along Proctor Creek to the line between 14th and 17th Districts; east along the District Line to the L&N Railroad; southeast along the L&N Railroad to Bankhead Highway; west along Bankhead Highway to North Grand Avenue at the point of beginning.
Also 3-N
Beginning at the intersection of Hollywood Road and the Southern Railway; extending east and southeast along the Southern Railway to Marietta Road; south along Marietta Road to West Marietta Street; southeast along West Marietta Street to the L&N Railroad; southeast along the L&N Railroad to the line between 14th and 17th Districts, Fulton County; west along the line between 14th and 17th Districts to Proctor Creek; northwest along Proctor Creek to the east line of Land Lot 226, 17th District; north along the east line of Land Lot 226 to the north line of Land Lot 226; west along the north line of Land Lot 226 to Proctor Creek; generally northwest along Proctor Creek to Hollywood Road; north along Hollywood Road to the Southern Railway at the point of beginning.
District No. 135: To have one representative and to consist of the following described areas in Fulton County, Georgia:
7-D
Beginning at the intersection of Chappell Road and Hunter Street; extending east along Hunter Street to Ashby Street; south along Ashby Street to Westview Drive; west along Westview Drive to Chicamauga Avenue; north along Chicamauga Avenue to Mozley Place; west along Mozley Place to Chappell Road; north along Chappell Road to Hunter Street at the point of beginning.
WEDNESDAY, MARCH 10, 1965
2087
Also 7-G
Beginning at the intersection of Holderness Street and Westview Drive; extending east along Westview Drive to Ashby Street; south along Ashby Street to Gordon Street; east along Gordon Street to the Central of Georgia Railway; south and southwest along the Central of Georgia Railway to Lee Street; north along Lee Street to Beecher Street; west along Beecher Street to Lawton Street; southwest along Lawton Street to the L & N Railroad; northwest along the L & N Rail road to the southerly projection of Holderness Street; north along the southerly projection of Holderness Street and Holderness Street, with easterly off-set at Gordon Street, to Westview Drive at the point of beginning.
Also 7-M
Beginning at the intersection of Beecher Street and Beecher Court; south along Beecher Court and its southerly projection of North Utoy Creek; west and northwest along North Utoy Creek to the west line of Land Lot 171, 14th District, Pulton County; north along the west line of Land Lot 171 to the south line of the Westview Cemetery property; generally east and north along the Westview Cemetery property line to Gordon Street; southeast along Gordon Street to the L & N Railroad; southeast along the L & N Railroad to Lawton Street; southwest along Lawton Street to Donnelly Avenue; northwest along Donnelly Avenue to Beecher Street; west along Beecher Street to Beecher Court at the point of beginning.
Also 7-N
Beginning at the intersection of West Lake Avenue and Simpson Road; extending east along Simpson Road to the L & N Railroad; south along the L & N Railroad to Hunter Street; west along Hunter Street to Chappell Road; north along Chappell Road to the A.C.L. Railroad; southwest along the A.C.L. Railroad to West Lake Avenue; north along West Lake Avenue to Simpson Road at the point of beginning.
Also 7-E
Beginning at the intersection of Wilson Avenue and the A.C.L. Railroad; extending east along the A.C.L. Railroad to Chappell Road; South along Chappell Road to Mozley Place; east along Mozley Place to Chicamauga Avenue; south along Chicamauga Avenue to Westview Drive; east along Westview Drive to Holderness Street; south along Holderness Street, with westerly off-set at Gordon Street, and the southerly projection of Holderness Street to the L & N Railroad; north west along the L&N Railroad to Gordon Street; northwest along Gordon Street to the easternrr-ost line of the Westview Cemetery pro perty; thence generally south, west and north along the Westview Cemetery property to the northwest corner of said property on Gordon Road at Wilson Avenue; north along Wilson Avenue and the projection of same to the A.C.L. Railroad at the point of beginning.
2088
JOURNAL OF THE HOUSE,
District No. 136: To have one representative and to consist of the following described areas in Fulton County, Georgia:
7-R
Beginning at the intersection of Ashby Street and Greensferry Avenue; extending east along Greensferry Avenue to Lee Street; south east along Lee Street to West End Avenue; southeast along West End Avenue to Lawn Street; southwest along Lawn Street to Hammond Street; southeast along Hammond Street to Park Street; east along Park Street to the Central of Georgia Railway; southwest along the Central of Georgia Railway to Gordon Street; west along Gordon Street to Ashby Street; north along Ashby Street to Greensferry Avenue at the point of beginning.
Also 3-A
Beginning at the intersection of Lee Street and Greensferry Avenue; extending east along Greensferry Avenue to Lawshe Street; north along Lawshe Street to Fair Street; east along Fair Street to Northside Drive; northeast along Northside Drive to Nelson Street; northeast along Nelson Street to Walker Street; southwest along Walker Street to Fair Street; southeast along Fair Street to the central of Georgia Railway; southwest along the central of Georgia Railway to Park Street at Peters Street; west along Park Street to Hammond Street; northwest along Hammond Street to Lawn Street; northeast along Lawn Street to West End Avenue; northwest along West End Avenue to Lee Street; north along Lee Street to Greensferry Avenue at the point of beginning.
Also 3-H
Beginning at the intersection of Ashby Street and Hunter Street; extending east along Hunter Street to Elliott Street; south along Elliott Street to Nelson Street; southwest along Nelson Street to Northside Drive; southwest along Northside Drive to Fair Street; west along Fair Street to Lawshe Street; south along Lawshe Street to Greensferry Avenue; west along Greensferry Avenue to Ashby Street; north along Ashby Street to Hunter Street at the point of beginning.
Also 3-S
Beginning at the Intersection of Ashby Street and Simpson Street, extending east along Simpson Street to Vine Street; south along Vine Street; west along Hunter Street to Ashby Street; north along Ashby Street to Simpson Street, at the point of beginning.
District No. 137: To have one representative and to consist of the following described areas in Fulton County, Georgia:
3-D
Beginning at the intersection of North Avenue and the W & A Rail road; extending northeast and east along North Avenue to Williams Street; south along Williams Street to Cain Street; west and southwest along Cain Street to the W & A Railroad; northwest along the W & A Railroad to North Avenue at the point of beginning.
WEDNESDAY, MARCH 10, 1965
2089
Also 3-E
Beginning at the intersection of Bankhead Avenue and Ashby Street; extending east along Bankhead Avenue to the northerly projec tion of Vine Street; south along the northerly projection of Vine Street and Vine Street to Simpson Street; west along Simpson Street to Ashby Street; north along Ashby Street to Bankhead Avenue at the point of beginning.
Also 3-F
Beginning at the intersection of Bankhead Avenue and Ashby Street; extending north along Ashby Street and the northerly pro jection of Ashby Street to the Southern Railway; northeast along the Southern Railway to Northside Drive; southeast along Northside Drive to Hemphill Avenue; southeast along Hemphill Avenue to State Street; south along State Street to North Avenue; southwest along North Avenue to the W & A Railroad; northwest along the W & A Railroad to Bankhead Avenue; west along Bankhead Avenue to Ashby Street at the point of beginning.
Also 3-K
Beginning at the intersection of Vine Street and Simpson Street; extending east along Simpson Street to Elliott Street; south along Elliott Street, with westerly off-set at Block Place, to Hunter Street; west along Hunter Street to Vine Street; north along Vine Street to Simpson Street at the point of beginning.
Also 3-T
Beginning at the Intersection of Simpson Street and Vine Street; extending north along Vine Street and the Northerly Projection of Vine Street to Bankhead Ave.; East along Bankhead Ave. to the W & A Railroad; southeast and South along the W & A Railroad to Simpson Street; west along Simpson Street to Vine Street, at the point of be ginning.
District No. 138: To have one representative and to consist of the following described areas in Fulton County, Georgia:
3-J
Beginning at the intersection of the City Limits at the Chattahoochee River and the Seaboard Air Line Railway; extending southeast along the Seaboard Air Line Railway to Moores Mill Road; southwest along Moores Mill Road to Coronet Way; southeast along Coronet Way to LaDawn Lane; west along La Dawn Lane to Adams Drive; south along Adams Drive to Marietta Road; southeast along Marietta Road to the Southern Railway; northwest along the Southern Railway to the City Limits at the Chattahoochee River; northeast along the City Limits at the Chattahoochee River to the Seaboard Air Line Railway at the point of beginning.
2090
JOURNAL OF THE HOUSE,
Also 3-1
Beginning at the intersection of Moores Mill Road and Peachtree Creek; extending east along Peachtree Creek to Bohler Road; south along Bohler Road to DeFoors Ferry Road; south along DeFoors Ferry Road to Collier Road; west along Collier Road to the Seaboard Air Line Railway; southeast along the Seaboard Air Line Railway to Ellsworth Industrial Drive; south along Ellsworth Industrial Drive to Elaine Avenue; southwest along Elaine Avenue to Marietta Boulevard; south east along Marietta Boulevard to West Marietta Street; west along West Marietta Street to Marietta Road; northwest along Marietta Road to Adams Drive; north along Adams Drive to LaDawn Lane; east along LaDawn Lane to Coronet Way; northwest along Coronet Way to Moores Mill Road; northeast along Moores Mill Road to Peachtree Creek at the point of beginning.
Also 3-M
Beginning at the intersection Bohler Road and Peachtree Creek; extending east along Peachtree Creek to Northwest Expressway; south east along Northwest Expressway to Howell Mill Road; south along Howell Mill Road, with easterly and westerly off-sets at Antone Street to include Fire Station No. 23 in the Precinct, to the Southern Railway; southwest along the Southern Railway to the northerly projection of Ashby Street; south along the northerly projection of Ashby Street to West Marietta Street; northwest along West Marietta Street to Marietta Boulevard; northwest along Marietta Boulevard to Elaine Street; northeast along Elaine Street to Ellsworth Industrial Drive; north along Ellsworth Industrial Drive to Seaboard Air Line Railway; northwest along Seaboard Air Line Railway to Collier Road; east along Collier Road to DeFoors Ferry Road; north along DeFoors Ferry Road to Bohler Road; northwest and north along Bohler Road to Peachtree Creek at the point of beginning.
Also 5-A
Beginning at the Intersection of the North Expressway and Six teenth Street; east along Sixteenth Street to West Peachtree Street; south along West Peachtree Street to Fifteenth Street; east along Fif teenth Street to Piedmont Avenue; south along Piedmont Avenue to the West Line of Land Lot 54; south along the West Line of Land Lot 54 to Tenth Street; west along Tenth Street to the North Expressway; north along the North Expressway to Sixteenth Street at the point of be ginning.
Also 5-B
Beginning at the Intersection of Northside Drive and Southern Railway; northeast along the Southern Railway to the Northwest Ex pressway; southeast along the Northwest Expressway to the North Expressway; south along the North Expressway to Tenth Street; east along Tenth Street to West Peachtree Street; south along West Peachtree Street to North Avenue; west along North Avenue to State Street;
WEDNESDAY, MARCH 10, 1965
2091
north along State Street to Hemphill Avenue; northwest along Hemphill Avenue to Northside Drive; northwest along Northside Drive to the Southern Railway, at the point of beginning.
Also 5-C
Beginning at the Intersection of the Northwest Expressway and Southern Railway; northeast along the Southern Railway to the junction of the Southern Railway Belt Line; southeast along the Southern Rail way Belt Line to Tenth Street; west along Tenth Street to the West Line of Land Lot 54; north along the West Line of Land Lot 54 to Piedmont Avenue; north along Piedmont Avenue to Fifteenth Street; west along Fifteenth Street to West Peachtree Street; north along West Peachtree Street to Sixteenth Street; west along Sixteenth Street to the North Expressway; north along the North Expressway to the Northwest Ex pressway; northwest along the Northwest Expressway to the Southern Railway at the point of beginning.
Also 5-H
Beginning at the Intersection of Howell Mill Road and Northwest Expressway; extending southeast along the Northwest Expressway to the Southern Railway; southwest along the Southern Railway to Howell Mill Road; north along Howell Mill Road to a point 124 feet, more or less, south of Antone Street; east and north along the side and rear lines, respectively, of the Atlanta Fire Station, Number 23, property to Antone Street; west along Antone Street to Howell Mill Road; north along Howell Mill Road to the Northwest Expressway at the point of be ginning.
District No. 139: To have one representative and to consist of the following described areas in Fulton County, Georgia: SP E
Beginning at the intersection of the most northerly boundary line of the City of Atlanta and the center line of Lake Forrest Drive; thence north along the center line of Lake Forrest Drive to its point of inter section with 1-285; thence westerly along the center line of said 1-285 to the center line of the Chattahoochee River; thence southerly along said center line of the Chattahoochee River to its point of intersection with the most northerly boundary line of the City of Atlanta; thence east along the most northerly boundary line of the City of Atlanta to its intersection with the center line of Lake Forrest Drive at the point of beginning.
Also
D
Beginning at the intersection of the center line of 1-285 and the boundary line between Fulton County and DeKalb County; thence north along said boundary between Fulton and DeKalb Counties to the point of Intersection of said boundary line with Mt. Vernon Highway; thence in a southwesterly direction along the center line of said Mt. Vernon
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JOURNAL OF THE HOUSE,
Highway to its point of intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of Roswell Road; thence south along the center line of Roswell Road to its point of intersection with 1-285; thence in an easterly direction along the center line of said 1-285 to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also 139 F
Beginning at the point of intersection between Windsor Parkway and the boundary line between Fulton County and DeKalb County; thence north along said boundary line to its intersection with the center line of 1-285; thence westerly along the center line of said 1-285 to its intersection with the center line of Lake Forrest Drive; thence south along the center line of Lake Forrest Drive to its point of intersection with Spruell Spring Road; thence easterly along the center line of said Spruell Spring Roa dto its intersection with Roswell Road; thence north along the center line of Roswell Road to its intersection with Forest Hills Drive; thence easterly along the center line of said Forest Hills Drive to its intersection with Highpoint Road; thence south along the center line of said Highpoint Road to its intersection with Windsor Parkway; thence easterly along the center line of said Windsor Parkway to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also 139
All of Fulton County lying north of Chattahoochee River and con sisting of the following Militia Districts:
G.M. District 845 (Roswell) G.M. District 1172 (New Town) G.M. District 842 (Old First) G.M. District 1227 (Big Creek) G.M. District 1176 (Alpharetta) G.M. District 892 (Little River) G.M. District 823 (Double Branch)
District No. 139: To have one representative and to consist of the following described areas in Fulton County, Georgia:
Beginning at a point in Land Lot 23 of the 17th District of Fulton County, Georgia, at the point where Spalding Drive intersects the boundary line between Fulton County and DeKalb County; thence north along said boundary line to the point where the boundary line turns in an easterly direction, and following the boundary line between the two counties to its point of intersection with the boundary line between
WEDNESDAY, MARCH 10, 1965
2093
Pulton County and Gwinnett County; thence in a northeasterly direction along the boundary line between Fulton County and Gwinnett County to the center line of the Chattahoochee River; thence in a westerly, northerly, westerly and southerly direction along the center of the Chattahoochee River to the point along the eastern bank of the Chatta hoochee River entered by Marsh Creek; thence westerly along said Marsh Creek to its point of intersection with Riverside Drive; thence in a northerly direction along the center line of Riverside Drive to its point of intersection with Dalryniple Road; thence easterly along the center line of Dalrymple Road to its point of intersection with Spalding Drive; thence northeasterly along the center line of Spalding Drive to its in tersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also B
Beginning at the point of intersection between Mt. Vernon Highway and the boundary line between Fulton County and DeKalb County; thence north to the point of intersection between said boundary line and the center line of Spalding Drive; thence west along the center line of said Spalding Drive to its point of intersection with Dalrymple Road; thence west along the center line of Dalrymple Road to its point of intersection with Riverside Drive; thence westerly and southerly along the center line of Riverside Drive to its point of intersection with Marsh Creek; thence westerly along the center line of Marsh Creek to the center line of the Chattahoochee River; thence southwesterly along the center line of the Chattahoochee River to the Johnson Ferry Road Bridge; thence southeasterly along the center line of Johnson Ferry Road to its point of intersection with Mt. Vernon Highway; thence northeasterly along the center line of Mt. Vernon Highway to its point of intersection with the boundary line between Fulton County and De Kalb County at the point of beginning.
Also
139 C
Beginning at the point of intersection between the Interstate Cir cumferential Highway (1-285) and the center line of Roswell Road; thence north along the center line of Roswell Road to its intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of the Chattahoochee River; thence in a southwesterly direction along the center line of the Chatta hoochee River to the center line of 1-285; thence in a northeasterly direction along the center line of said 1-285 to its intersection with the center line of Roswell Road at the point of beginning.
District No. 140: To have one representative and to consist of the following described areas in Fulton County, Georgia:
55 G
Beginning at the point of intersection of the most northerly city limit line of the City of Atlanta and the boundary line between Fulton
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JOURNAL OP THE HOUSE,
County and DeKalb County; thence north along said boundary line between Fulton County and DeKalb to the intersection of said boundary line between Fulton County and DeKalb County and Windsor Parkway; thence westerly along the center line of said Windsor Parkway to its intersection with Highpoint Road; thence north along the center line of said Highpoint Road to the intersection of Forest Hills Drive; thence westerly along the center line of said Forest Hills Drive to the inter section of Roswell Road; thence south along the center line of said Roswell Road to its intersection with Spruell Spring Road; thence west along the center line of said Spruell Spring Road to its intersection with Lake Forrest Drive; thence south along the center line of said Lake Forrest Drive to the most northern city limit line of the City of Atlanta; thence east along said Atlanta City Limit line to its point of intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.
Also 8-1
Beginning at the intersection of Peachtree Creek and the Northwest Expressway; extending northwest along the Northwest Expressway to the City Limits; generally northeast and east along the City Limits to Northside Drive; generally southeast and south along Northside Drive to West Wesley Road; west along West Wesley Road to Howell Mill Road; south along Howell Mill Road to Peachtree Creek; generally west along Peachtree Creek to the Northwest Expressway at the point of beginning.
Also 8-C
Beginning at the intersection of Northwest Expressway and Peachtree Creek; extending generally west along Peachtree Creek to the City Limits at the Chattahoochee River; generally north along the City Limits at the Chattahoochee River to the Northwest Expressway; southeast along the Northwest Expressway to Peachtree Creek at the point of beginning.
Also 3-W
Beginning at the Intersection of the City Limits at the Chatta hoochee River and Peachtree Creek, extending generally east along Peachtree Creek to Moores Mill Road; southwest along Moores Mill Road to the Seaboard Airline Railway; thence northwest along the Seaboard Airline Railway to the City Limits at the Chattahoochee River; thence northeast along the City Limits to Peachtree Creek at the point of beginning.
Also 8-A
Beginning at the intersection of Northside Drive and Blackland Road; extending east and southeast along Blackland Road to Roswell Road; south along Roswell Road to Peachtree Road; southwest along Peachtree Road to West Wesley Road; west along West Wesley Road to
WEDNESDAY, MARCH 10, 1965
2095
Northside Drive; north along Northside Drive to Blackland Road at the point of beginning.
Also 8-P
Beginning at the intersection of Old Ivy Road and Roswell Road; extending north along Roswell Road to the City Limits; east along the City Limits to Peachtree-Dunwoody Road; south along PeachtreeDunwoody Road to North Stratford Road; southwest and south along North Stratford Road to Wieuca Road; southeast along Wieuca Road to Old Ivy Road; west along Old Ivy Road to Roswell Road at the point of beginning.
Also 8-D
Beginning at the intersection of Roswell Road and Old Ivy Road; extending east along Old Ivy Road to Wieuca Road; northwest along Wieuca Road to North Stratford Road; north and northeast along North Stratford Road to Peachtree-Dunwoody Road; north along PeachtreeDunwoody Road to the City Limits; generally east and south along the City Limits to Peachtree Road; southwest along Peachtree Road to Roswell Road; north along Roswell Road to Old Ivy Road at the point of beginning.
Also 8-G
Beginning at the intersection of Blackland Road and Northside Drive; extending northwest along Northside Drive to the City Limits; generally east along the City Limits to Roswell Road; south along Ros well Road to Blackland Road; northwest along Blackland Road to Northside Drive at the point of beginning.
District No. 141: To have one representative and to consist of the following described areas in Fulton County, Georgia:
5-J
Beginning at the Intersection of Northside Drive and Peachtree Creek; extending generally east along Peachtree Creek to the Southern Railway; southwest along the Southern Railway to the Northwest Ex pressway; northwest along the Northwest Expressway to the Seaboard Airline Railway; northeast along the Seaboard Airline Railway to Tanyard Branch; generally northwest along Tanyard Branch to the south line of Atlanta Memorial Park; west along the south line of Atlanta Memorial Park to Northside Drive; north along Northside Drive to Peachtree Creek at the point of beginning.
Also 5-K
Beginning at the Intersection of Howell Mill Road and Peachtree Creek; extending generally east along Peachtree Creek to Northside Drive; south along Northside Drive to the south line of Atlanta Memorial Park; east along the south line of Atlanta Memorial Park to Tanyard Branch; south along Tanyard Branch to the Seaboard Airline Railway;
2096
JOURNAL OF THE HOUSE,
southwest along the Seaboard Airline Railway to the Northwest Ex pressway; Northwest along the Northwest Expressway to Howell Mill Road; north along Howell Mill Road to Peach tree Creek at the point of beginning.
Also 3-U
Beginning at the Intersection of the Northwest Expressway and Peachtree Creek extending generally east along Peachtree Creek to Howell Mill Road; south along Howell Mill Road to the Northwest Expressway; northwest along the Northwest Expressway to Peachtree Creek at the point of beginning.
Also 5-D
Beginning at the Intersection of Howell Mill Road and West Wesley Road; east along West Wesley Road to Peachtree Road; continuing east along East Wesley Road to Acorn Avenue; south along Acorn Avenue to Lindbergh Drive; west along Lindbergh Drive to Peachtree Road; southwest along Peachtree Road to Peachtree Creek; generally west along Peachtree Creek to Howell Mill Road; north along Howell Mill Road to West Wesley Road at the point of beginning.
Also 5-F
Beginning at the Intersection of Acorn Avenue and East Wesley Road; extending east along East Wesley Road to Sharondale Drive; continuing east on the north line of Land Lots 59 and 48 to the Southern Railway; southwest along the Southern Railway to Peachtree Creek; generally west along Peachtree Creek to Peachtree Road; northeast along Peachtree Road to Lindbergh Drive; east along Lindbergh Drive to Acorn Avenue; north along Acorn Avenue to East Wesley Road at the point of beginning.
Also 8-B
Beginning at the intersection of Peachtree Road and Pharr Road; extending east along Pharr Road to Piedmont Road; northwest along Piedmont Road to East Paces Ferry Road; northeast along East Paces Ferry Road to Lenox Road; southeast along Lenox Road to the Southern Railway; southwest along the Southern Railway to the north line of Land Lot 48, 17th District, Fulton County; west along the north line of Land Lots 48 and 59 to East Wesley Road at Sharondale Drive; west along East Wesley Road to Peachtree Road; northeast along Peachtree Road to Pharr Road at the point of beginning.
Also 8-E
Beginning at the intersection of Pharr Road and Peachtree Road; extending northeast along Peachtree Road to the City Limits; south along the City Limits to the Southern Railway; southwest along the Southern Railway to Lenox Road; northwest along Lenox Road to East
WEDNESDAY, MARCH 10, 1965
2097
Paces Ferry Road; southwest along East Paces Ferry Road to Piedmont Road; southeast along Piedmont Road to Pharr Road; west along Pharr Road to Peachtree Road at the point of beginning.
On the motion to adopt the Conference Committee report, the roll call was ordered and the vote was-as follows:
Those voting in the affirmative were Messrs.:
Abney Arnsdorff Bagby Balkcom Ballard Beck Bedgood Black Blair Blalock Bowen, J. O. Bowen, R. L. Brackin Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Chandler Clark, J. T. Coker, R. Collins, J. P. Collins, M. Conger Conner Crowe Dailey Dean DeLoach DeVane Dollar Doster Duncan, A. C. Dunwody Flynt Fulford Grahl Griffis Hale Harrell Harrington Harris, J. F.
Harris, J. R. Henderson Herndon Holder Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lewis, E. B. Lewis, P. B. Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin
McCracken McDaniell McRae Melton Merritt Mixon Moate Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page
Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pope Poss Potts Rainey Reaves Rhodes Roberts Roper Ross Rowland Savage Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Sweat Tabb Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watkins Watson Wells Williams, G. J. Williams, W. M. Woodward Wright
2098
JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.:
Brinkley Bynum Clarke, H. G. Coker, G., Dr. Etheridge Evans Farrar Floyd
Harris, R. W. Jones, G. Paul Jones, M. Leonard Milhollin Minge Moore, J. H. Pafford
Reid Russell Shea Smith, Chas. C. Vaughan, D. N. White Wiggins
Those not voting were Messrs.:
Acree Alien Anderson Barber Branch Brantley Brown, Gene Carr Colwell Davis Dickinson Dixon Dorminy Duncan, V. W. Gary Griffin Hall Howell
Hull Jessup Johnson, B. Jones, F. C. Knight, D. W. Lee, G. B. Lee, W. J. (Bill) Looper Lovett Luke Mauney McClelland McKemie Mitchell Moore, Don C. Murphy Parker Pickard
Richardson Rodgers, H. B. Rogers, Jimmie Rush Sewell Shuman Simkins Simmons Singer Snow Strickland Thomas Thomason Tucker, J. B. Wilson Mr. Speaker
On the motion to adopt, the ayes were 129, nays 23.
The House has adopted the Conference Committee report on HB 367.
Messrs. Barber of Jackson and McKemie of Clay stated that they would like to be recorded as voting "Aye".
Messrs. Sewell and Richardson of Chatham stated that they would like to be recorded as voting "Nay" on the adoption of the report of the Conference Committee on HB 367.
The following amendment to the Rules Calendar was read and adopted:
Mr. Speaker:
Your Committee on Rules met on Wednesday, March 10, 1965 for the purpose of fixing the Calendar for the afternoon of said date, and, your Committee amends
WEDNESDAY, MARCH 10, 1965
2099
the Calendar fixed for Wednesday morning, March 10, 1965, by adding the following thereto, to wit:
HB 697. Retirement System
SR 224-609. Convey property, Bibb County
Senate
SB
108. Liability, land and water areas
SB
123. Paragoric, 2 fluid ozs.
SB
131. Dairy Inspection Act
SB
151. Agricultural Commodities Act, Amend
SB
156. Intangible personal property, taxes
SB
159. Georgia Historical Commission, Secretary
SR
7. Home rule for counties (Postponed)
SR
42. Powers of County government
SR
43. Relating to county commissioners
SR
49. Welfare, change certain regulations
SR
64. Scholarship Study Committee
SR
67. Alcoholism Study Commission
SR
32. Seal of Georgia, facsimile
The Speaker shall have the right to call up any of the Bills fixed on the Rules Calendar for Wednesday morning, March 10, 1965, and any of the above Bills in any order which he may desire.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
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 580. By Messrs. Busbee of Dougherty, Bolton of Spalding and others: A Bill to be entitled an Act to provide for the election of members of the House of Representatives in 1965 who shall take office and serve for a period of time as provided in Code Section 47-101 relating to the apportionment of the House of Representatives, and for other purposes.
The clerk was directed to correct a typographical error on page 9 of the Floor substitute changing 127 to 123.
2100
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding asked unanimous consent that the Committee substi tute be withdrawn from further consideration and the consent was granted.
The following substitute was read:
A BILL
TO BE ENTITLED
An Act to call and provide for the holding of a special election for the election of members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives of the General Assembly; to call and provide for the holding of special primaries for the nomi nation of candidates of political parties for election to membership in the House of Representatives in such special election; to amend the Georgia Election Code, relating to the regulation of primaries and elections, approved June 24, 1964 (Ga. Laws, 1964, Extra. Sess., p. 26, et seq.), so as to define the date and purpose of such special election and such special primaries; to provide that each candidate of a political party for election to membership in the House of Representatives in such special election shall be nominated in one of such special primaries; to provide that candidates seeking election to membership in the House of Representatives shall file their notice of candidacy in the office of the Secretary of State; to prescribe the qualification dead lines for candidates seeking election to membership in the House of Representa tives in such special election; to prescribe the qualification deadline for candidates seeking party nomination in such special primaries; to provide that each candidate seeking election to membership in the House of Representatives in such special election, who is not the nominee of a political party, shall be required to accompany his notice of candidacy with a nomination petition; to reduce the amount of notice required to be given by the ordinary as to the times and places where the preparation of voting machines for use in such special primaries and such special election will be started; to reduce the amount of time required for the instruction of electors in the use of voting machines and vote recorders prior to the conduct of such special primaries and such special election; to reduce the amount of time voting machines are required to remain locked against voting following such special primaries and such special election; to provide that each candidate for federal, state or county office shall file his notice of candidacy in the office of the proper public official at least forty-five days prior to the election in the case of a general election; to provide that each candidate seeking public office in a general election, who is required to accompany his notice of candidacy with a nomination petition, shall file his notice at least sixty days prior to the general election; to provide that no special primary or special election shall be held for the nomination or election of persons to fill the seats presently held by certain members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives, and to provide that such members shall continue to
WEDNESDAY, MARCH 10, 1965
2101
serve until their successors are elected and take the oath of office for the Regular Session of the General Assembly to convene in 1967; to provide that certain provisions of this Act shall be repealed on June 30, 1965; to provide that the effectiveness of certain provisions of this Act shall be held in abeyance during the period of effectiveness of any judicial order which has the effect of authorizing the present members of the House of Representatives to serve a full two year term, and to provide that in the event the effectiveness of such an order is termi nated on or after March 31, 1965, certain provisions of this Act shall become void and to authorize the Governor to call a special election for the election of members of the House of Representatives in accordance with the provisions of the above described Act reapportioning the membership of the House of Representatives and in accordance with certain provisions of this Act; to declare the legislative intent regarding the invalidation of any part of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. By virtue of an Act having been adopted at the 1965 Regular Session of the General Assembly reapportioning the member ship of the House of Representatives, the General Assembly hereby calls a special election to be held on Wednesday, May 26, 1965, for the election of members of the House of Representatives in accordance with the provisions of such Act of reapportionment, and the General Assembly hereby calls a special primary to be held on Wednesday, April 21, 1965, for the nomination of candidates of the political party (having the largest number of members among the present membership of the House of Representatives) for election to membership in the House of Representatives in such special election, and the General Assembly hereby calls a special primary to be held on Wednesday, April 28, 1965, for the nomination of candidates of any other political party for election to membership in the House of Representatives in such special election. Such special election and such special primaries shall be held in ac cordance with the provisions of the Georgia Election Code, as amended, and as amended particularly by the provisions of this Act.
Section 2. Subsection (ab) of Section 34-103 of the Georgia Elec tion Code (Ga. Laws, 1964, Extra. Sess., p. 26, et seq.), relating to the definition of special elections and primaries, is hereby amended by adding at the end of such Subsection (ab) the following words: "and the words 'Special Election for Representatives' shall mean the special election to be held on Wednesday, May 26, 1965, for the election of members of the House of Representatives of the General Assembly; and the words 'First Special Primary for Representatives' shall mean the special primary to be held on Wednesday, April 21, 1965, for the nomination of candidates of the political party (having the largest number of members among the present membership of the House of Representatives of the General Assembly) for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives; and the words 'Second Special Primary for Representatives' shall mean the special primary to be held on Wednes day, April 28, 1965, for the nomination of candidates of any other political party for election to membership in the House of Representa-
2102
JOURNAL OF THE HOUSE,
tives of the General Assembly in the Special Election for Representa tives;".
Section 3. Chapter 34-8 of the said Georgia Election Code relating to the dates of primaries and elections, is hereby amended by adding at the end of such Chapter 34-8 a new Section to read as follows:
Section 34-808. First Special Primary for Representatives; Second Special Primary for Representatives; Special Election for Representa tives.--Each candidate of the political party (having the largest number of members among the present membership of the House of Representa tives of the General Assembly) for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives shall be nominated in the First Special Primary for Representatives or in any resulting runoff primary. Each candidate of any other political party for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives shall be nominated in the Second Special Primary for Representatives or in any resulting runoff primary.
Section 4. Subsection (b) of Section 34-1001 of the said Georgia Election Code, relating to the filing of notice of candidacy, is hereby amended by striking such Subsection (b) in its entirety and inserting in lieu thereof a new Subsection to read as follows:
(b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least fortyfive days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least fortyfive days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualifica tion deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least sixty days prior to the general election. Any other provision of this Code to the contrary notwithstanding, each candidate seeking election to mem bership in the House of Representatives of the General Assembly in the Special Election for Representatives and who is required to accompany his notice of candidacy with a nomination petition, or his agent, shall file his notice of candidacy in the office of the Secretary of State not later than noon on Saturday, April 3, 1965; and each nominee of a political party seeking election to member ship in the House of Representatives of the General Assembly in
WEDNESDAY, MARCH 10, 1965
2103
the Special Election for Representatives, or his agent, shall file his notice of candidacy in the office of the Secretary of State within five days after the day of holding the primary or runoff primary in which he is nominated; and effective June 30, 1965, this sentence shall be automatically repealed.
Section 5. Subsection (c) of Section 34-1001 of the said Georgia Election Code, relating to the definition of those classes of candidates who are not required to accompany their notice of candidacy with a nomination petition, is hereby amended by adding at the end of such Subsection (c) a new sentence to read as follows:
"Clauses (iii) and (iv) of the preceding sentence shall not apply to candidates seeking election to membership in the House of Representatives in the Special Election for Representatives, nor shall such clauses (iii) and (iv) excuse any such candidate from accompanying his notice of candidacy with a nomination petition.".
Section 6. Section 34-1006 of the said Georgia Election Code, re lating to the qualification of candidates for party nomination in a pri mary, is hereby amended by striking the period at the end of the second sentence of such Section 34-1006 and inserting in lieu of such period the following punctuation and words: "; provided, however, that each candi date seeking party nomination in the First Special Primary for Repre sentatives or in the Second Special Primary for Representatives shall qualify in accordance with the rules of his party not later than noon on Saturday, April 3, 1965.".
Section 7. Subsection (b) of Section 34-1010 of the said Georgia Election Code, relating to the number of signatures required for the nomination of candidates by petition, is hereby amended by striking such Subsection (b) in its entirety and inserting in lieu thereof a new Sub section (b) to read as follows:
(b) A nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking as of the close of the registrars' business on the business day immediately preceding the day on which the nomination petition is filed; except that in the case of a candi date seeking the office of judge of the superior court or solicitor general the five per cent figure shall be computed only on the total number of such electors of the judicial circuit directly involved.
Section 8. Subsections (c) and (d) of Section 34-1010 of the said Georgia Election Code, relating to the preparation of nomination peti tions, are hereby amended by striking therefrom the word "general" wherever it appears in such Subsections (c) and (d).
Section 9. Subsection (c) of Section 34-1209 of the said Georgia Election Code, relating to the preparation of voting machines for use in primaries and elections, is hereby amended by striking the word
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"twentieth" from the first sentence of such Subsection (c) and inserting in lieu thereof the word "third".
Section 10. Subsection (a) of Section 34-1213 of the said Georgia Election Code, relating to the instruction of electors in the use of voting machines prior to primaries and elections, is hereby amended by striking the words "ten days" from the first sentence of such Subsection (a) and inserting in lieu thereof the word "day".
Section 11. Section 34-1227 of the said Georgia Election Code, re lating to the instruction of electors in the use of vote recorders prior to primaries and elections, is hereby amended by striking the words "ten days" from the first sentence of such Section 34-1227 and inserting in lieu thereof the word "day".
Section 12. Section 34-1332 of the said Georgia Election Code, re lating to the removal and storage of voting machines, is hereby amended by striking the word "ten" from the second sentence of such Section 34-1332 and inserting in lieu thereof the word "two".
Section 13. The provisions of Sections 2, 3, 5, 6, 9, 10, 11 and 12 of this Act shall remain effective until June 30, 1965, and upon such date they are hereby repealed.
Section 14. (a) (1) Any other provisions of this Act or any other law to the contrary notwithstanding, no special primary or special elec tion, as provided for in this Act, shall be held in 1965 to elect a Repre sentative or Representatives for any Representative District which, as constituted in Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, contains only one county and which is allotted the same number of Rep resentatives which the county comprising said District was allotted under Code Section 47-101 as it existed prior to its being amended by the afore said Act of 1965, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Representatives from such Districts and shall con tinue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967.
(2) Any other provisions of this Act or any other law to the con trary notwithstanding, no special primary or special election, as pro vided for in this Act, shall be held in 1965 to elect Representatives for Representative Districts 112, 116 and 127, as such Districts are consti tuted in Code Section 47-101, relating to the apportionment of the mem bership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Representatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967.
WEDNESDAY, MARCH 10, 1965
2105
(3) Except as hereinafter provided, any other provisions of this Act or any other law to the contrary notwithstanding, no special pri mary or special election, as provided for in this Act, shall be held in 1965 to elect Representatives for Representative Districts 13, 16, 79, 95 and 109, as such Districts are constituted in Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts, shall be Representatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967. Provided, however, the one Representative allotted to each of the afore said Districts over and above the number of Representatives which were allotted to each of the counties now comprising each such District under Code Section 47-101 as it existed prior to its being amended by the aforesaid Act of 1965, shall be elected as provided for in this Act.
(4) Any other provisions of this Act or any other law to the con trary notwithstanding, no special primary or special election, as pro vided for in this Act, shall be held in 1965 to elect Representatives for any Representative District which, as constituted in Code Section 47-101, relating to the apportionment of the membership of the House of Repre sentatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, contains more than one county and which is allotted the same number of Representatives which the coun ties now comprising said District were allotted in the aggregate under Code Section 47-101 as it existed prior to its being amended by the afore said Act of 1965, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Representatives from such Districts and shall con tinue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967.
(b) The subparagraphs of paragraph (a) of this Section are here by declared to be severable, and in the event any such subparagraph shall be declared or adjudged invalid or unconstitutional, such declara tion or adjudication shall in no manner affect any other subparagraph of paragraph (a) of this Section or any other provision of this Act and such other subparagraphs and provisions shall remain of full force and effect as if such subparagraph so declared or adjudged invalid or un constitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining subparagraphs and provisions of this Act if it had known that such subparagraphs would be declared or adjudged invalid or unconstitutional.
Section 15. The effectiveness of the provisions of Sections 1, 2, 3, 5, 6, 9, 10, 11, 12, 13 and 14, and the last sentence of Subsection (b) of Section 34-1001, as stated in Section 4 of this Act, shall be held in abeyance during the period of effectiveness of any order issued by a state or federal court of state or federal judge or justice of competent jurisdiction, which has the effect of authorizing the present members of the House of Representatives of the General Assembly to serve a full two year term and until their successors qualify and take office at the
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beginning of the 1967 regular session of the General Assembly. In the event, the effectiveness of such an order should be terminated on or after Wednesday, March 31, 1965, the provisions of Sections 1, 2, 3, 5, 6, 9, 10, 11, 12 and 13, and the last sentence of Subsection (b) of Sec tion 34-1001, as stated in Section 4 of this Act, are hereby declared void, and the Governor is hereby authorized to call a special election for the election of members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the mem bership of the House of Representatives and in accordance with the provisions of Section 14 of this Act.
Section 16. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act or the application of the provision to other circumstances, shall not be affected thereby.
Section 17. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read:
Mitchell of Whitfield moves to amend House Bill 580 (Floor Sub stitute) by adding in the caption of the Bill after the figure 1965 the following:
Provided for political party registration of electors and by adding a new section to be numbered appropriately which shall read as follows:
Registration of electors shall be by political party. The provisions of this section shall be implemented prior to the general election 1966.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Brinkley Coker, G., Dr. Dunwody Harris, J. F. Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul
Jordan, Ben C. Knight, D. W. Lee, G. B. Leonard Matthews, C. Mitchell NeSmith, J. D.
Pafford Pope Rainey Smith, V. T. Vaughan, D. N. White Williams, W. M.
Those voting in the negative were Messrs.:
Abney Alien Bagby
Ballard Barber Beck
Black Blair Blalock
Bolton Bowen, J. 0. Brackin Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, R. Collins, J. P. Collins, M. Conner Crowe Dailey Dean DeVane Dickinson Dixon Dorminy Doster Etheridge Farrar Floyd Gary Grahl Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell
WEDNESDAY, MARCH 10, 1965
2107
Irvin Jessup Johnson, B. Jones, M. Jordan, W. H. Knight, W. D. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Lovett Lowrey Luke Marshall Matthews, D. R. Mauldin Mauney McKemie McRae Melton Merritt Milhollin Mixon Moore, J. H. Moses Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Page Parker Perry Peterson Phillips, G. S. Phillips, L. L.
Reaves Rhodes Richardson Roberts Rodgers, H. B. Roper Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, G. L. II Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Ware Watkins Watson Wiggins Williams, G. J. Woodward
Those not voting were Messrs.:
Acree Arnsdorff Balkcom Bedgood Bowen, R. L. Branch Brantley Brooks, Geo. B. Brown, Gene Bynum Clark, J. T. Colwell Conger Davis
DeLoach Dollar Duncan, A. C. Duncan, V. W. Evans Flynt Fulford Griffin Griffis Hall Houston Hudgins Hull Hutchinson
Jones, C. M. Kelly Lane Lewis, E. B. Looper Maddox McClelland McCracken McDaniell Minge Moate Moore, Don C. Murphy Odoni
2108
Otwell Paris Pickard Poss Potts Reid Rogers, Jimmie
JOURNAL OF THE HOUSE,
Ross Shuman Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow
Strickland Thomason Walker Wells Wilson Wright Mr. Speaker
On the adoption of the amendment, the ayes were 22, nays 119.
The amendment was lost.
The following amendment was read:
Simkins of Richmond moves to amend HB 580 (Floor Substitute), as follows:
By renumbering Section 17 as Section 18 and inserting in lieu there of a new Section 17 to read as follows:
"Section 17. Section 34-629 of the said Georgia Election Code is amended by adding the words "or primary" after the third word "election" so that the paragraph shall read:
(b) In any election or primary held in an election district (not containing the county courthouse) in which no question is printed on the ballots or ballot labels to be used in such district and in which no candidate, whose name is printed on such ballots and ballot labels, is opposed by any candidate whose name is also printed thereon, then the polling place in such district shall not be estab lished and the registrars shall furnish to the managers of the pol ling place in the election district containing the county courthouse the list of electors of such district in which no polling place is es tablished, and the electors whose names appear on such list shall be allowed to vote in the election district containing the county court house, under the same rules that would have governed if a polling place had been established in their district."
And by adding to the caption of said Floor Substitute the following language: "To amend Code Section 34-629 of the Georgia Election Code so that the provisions of said section will apply to primaries as well as elections.", in the 34th line of the caption on Page 2 of the Floor Sub stitute, after the word "Act".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Branch
Herndon
Johnson, B.
WEDNESDAY, MARCH 10, 1965
2109
Jones, G. Paul Jordan, Ben C. Luke Matthews, D. R.
Milhollin Murphy Nessmith, P. Newton, D. L.
Oglesby Pafford Simkins Watkins
Those voting in the negative were Messrs.:
Abney Anderson Bagby Balkcom Barber Beck Black Blair Blalock Bolton Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conner
Crowe
Dailey
Dean
DeLoach
DeVane
Dickinson
Dixon
Doster
Duncan, A. C.
Dunwody
Parrar
Floyd
Fulford
Gary
Grahl
Griffis
Harrell
Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, M. Jordan, W. H. Kelly Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Lowrey Maddox Mauldin Mauney McDaniell McKemie McRae
Melton
Merritt
Minge
Mitchell
Moore, Don C.
NeSmith, J. D.
Newton, A. S.
Odom
Overby
Page
Parker
Perry
Peterson
Phillips, G. S.
Phillips, L. L.
Pope
Poss
Potts Rainey Reaves Reid Rhodes Richardson Roberts Roper Ross Rowland Rush Savage Sewell Shea Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story
Sweat
Tabb
Thomas
Tidwell
Tucker, Ray M.
Underwood
Vaughan, D. N.
Walker
Ware
Watson
Wells
White
Wigging
Williams, G. J.
Williams, W. M.
Woodward
Wright
2110
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Alien Arnsdorff Ballard Bedgood Bowen, J. O. Brantley Brooks, Geo. B. Brooks, Wilson Bynum Clark, J. T. Colwell Conger Davis Dollar Dorminy Duncan, V. W. Etheridge Evans Flynt
Griffin Hale Hall Holder Houston Hudgins Hull Jones, C. M. Jones, F. C. Knight, D. W. Knight, W. D. Lane Lee, G. B. Lewis, E. B. Looper Lovett Marshall Matthews, C. McClelland McCracken
Mixon Moate Moore, J. H. Moses Otwell Paris Pickard Rodgers, H. B. Rogers, Jimmie Russell Shuman Simmons Smith, Chas. C. Smith, G. L. II Strickland Thomason Tucker, J. B. Vaughn, C. R. Wilson Mr. Speaker
On the adoption of the amendment, the ayes were 15, nays 129.
The amendment was lost.
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 Anderson Bagby Barber Beck Black Blair Blalock Bolton
Bowen, J. O. Brackin Brinkley Brooks, Wilson
Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, R. Collins, J. F. Collins, M. Conner
Crowe Dailey Dean DeVane Dickinson Dixon Dorminy Doster Duncan, A. C.
Dunwody Etheridge Farrar Floyd
WEDNESDAY, MARCH 10, 1965
2111
Fulford Gary Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett Lowrey Maddox Marshall Matthews, C. Mauldin Mauney
McCracken McKemie McRae Melton Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Page Paris Parker Perry Peterson Phillips, G. S. Poss Potts Rainey Reaves Reid Roberts
Rowland Sewell Shea Simp son Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.:
Alien Branch Brantley Bynum Coker, G., Dr. DeLoach Duncan, V. W. Evans Grahl Griffin Henderson Herndon Johnson, B.
Jones, G. Paul Jordan, Ben C. Knight, W. D. Lee, G. B. Luke Matthews, D. R. McDaniell Mixon Otwell Pafford Phillips, L. L. Pope Rhodes
Richardson Ross Rush Savage Simkins Thomason Tidwell Watkins White Woodward Wright
Those not voting were Messrs.:
Acree Arnsdorff Balkcom
Ballard Bedgood Bowen, R. L.
Brooks, Geo. B. Colwell Conger
2112
Davis Dollar Plynt Griffis Hall Houston Hull Jones, C. M. Jones, F. C.
JOURNAL OP THE HOUSE,
Jones, M. Lane Lewis, E. B. Looper McClelland Moate Pickard Rodgers, H. B. Rogers, Jimmie
Roper Russell Shuman Simmons Singer Smith, Chas. C. Strickland Wilson Mr. Speaker
On the passage of the Bill the ayes were 131, nays 37.
The Bill having received the requisite constitutional majority, was passed, by substitute.
SB 171. By Senator Gordy of the 15th: A Bill to be entitled an Act to amend Code Chapter 88-17, providing a complete and comprehensive vital records law for the State, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information relative thereto, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Arnsdorff Ballard Barber
Beck Bedgood Black Blair Blalock Bolton Bowen, J. O. Brinkley
Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Byrd Caldwell Carr
Clark, J. T. Clarke, H. G. Collins, M. Crowe DeLoach DeVane Dickinson Dorminy
Doster Duncan, A. C.
Duncan, V. W. Dunwody Farrar Floyd Fulford
Gary Grahl Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Holder Houston
WEDNESDAY, MARCH 10, 1965
2113
Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell
McKemie McRae Melton Merritt Milhollin Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Page Paris Peterson Phillips, L. L. Pickard Pope Poss Reaves Reid Richardson Ross Rowland Rush
Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Stalnaker Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Ware Wiggins Williams, W. M.
Voting in the negative were Messrs. Coker, G., Dr. and Evans.
Those not voting were Messrs.:
Acree Anderson Bagby Balkcom Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Bynum Chandler Coker, R. Collins, J. F. Colwell Conger Conner Dailey Davis Dean Dixon Dollar
Etheridge Flynt Griffin Hale Hall Harrington Herndon Hudgins Hull Johnson, B. Jones, F. C. Jones, G. Paul Laite Lambert Lane Lewis, P. B. Looper Maddox McClelland McCracken Minge
Mitchell Moate Moore, J. H. Nessmith, P. Newton, D. L. Otwell Overby Pafford Parker Perry Phillips, G. S. Potts Rainey Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Shuman Simmons
2114
Singer Smith, Chas. C. Smith, V. T. Spillers Steis Story
JOURNAL OF THE HOUSE,
Thomason Underwood Vaughn, C. R. Watkins Watson Wells
White Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 62. By Senator Smalley of the 28th:
A Bill to be entitled an Act to authorize the governing authority of any county or municipality in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Department of Archives and History, and for other purposes.
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 ari the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Barber Blair Blalock Bolton Brooks, Wilson Busbee Byrd Carr Conner Dunwody Farrar Floyd Harrell
Harris, J. F. Harris, J. R. Harris, R. W. Hutchinson Jones, M. Jordan, W. H. Lee, W. J. (Bill) Lowrey McDaniell Melton Minge Moore, Don C. Odom Overby
Those voting in the negative were Messrs.:
Abney Alien Ballard
Beck Black Brackin
Reid Rowland Simpson Smith, V. T. Snow Spikes Story Sweat Tabb Tucker, J. B. Vaughan, D. N. Ware Wiggins Williams, W. M.
Branch Brinkley Bynum
WEDNESDAY, MARCH 10, 1965
2115
Caldwell Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Crowe DeLoach DeVane Duncan, A. C. Evans Gary Grahl Griffis Harrington Henderson Houston Jessup Johnson, Dr. A. S.
Kelly Laite Lee, F. S. Lee, G. B. Lewis, E. B. Lovett Marshall Matthews, C. Matthews, D. E. Mauldin McKemie McRae Milhollin Mixon Moses
NeSmith, J. D. Oglesby Pafford Paris Peterson
Phillips, L. L. Pope Potts Reaves Rhodes Richardson Ross Rush Savage Simkins Smith, A. B. Smith, J. R. Stalnaker Tidwell Tucker, Ray M. Walker White Woodward Wright
Those not voting were Messrs.:
Acree Ahderson Bagby Balkcom Bedgood Bowen, J. O. Bowen, R. L. Brantley Brooks, Geo. B. Brown, Gene Brown, M. P. Coker, R. Colwell Conger Dailey Davis Dean Dickinson Dixon Dollar Dorminy Doster Duncan, V. W. Etheridge Flynt Fulford Griffin Hale Hall Herndon Holder Howell
Hudgins Hull Irvin Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, Ben C. Knight, D. W. Knight, W. D. Lambert Lane Leonard Lewis, P. B. Looper Luke Maddox Mauney McClelland McCracken Merritt Mitchell Moate Moore, J. H.
Murphy
Nessmith, P. Newton, A. S. Newton, D. L. Otwell Page Parker
Perry Phillips, G. S. Pickard Poss Rainey Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Sewell Shea Shuman Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spillers Steis Strickland Thomas Thomason Underwood Vaughn, C. R. Watkins Watson Wells Williams, G. J. Wilson Mr. Speaker
2116
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 42, nays 68.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Brinkley of Muscogee stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
HB 697. By Messrs. Williams of Hall, Clarke of Monroe, and others:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to remove the provisions providing creditable service for certain members, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Arnsdorff Bagby Ballard Barber Beck Black Blair Blalock Bolton Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Carr Chandler Clark, J. T.
Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Floyd Pulford Gary Grahl Griffin
Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane
WEDNESDAY, MARCH 10, 1965
2117
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby
Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr.
Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Anderson Balkcom Bedgood Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Caldwell Colwell Conger Conner Davis Dollar
Etheridge Plynt Griffis Hall Herndon Hull Johnson, B. Jones, C. M. Jones, G. Paul Lambert Looper Luke Mauney McClelland McCracken Melton
Mixon Moate Nessmith, P. Otwell Paris Phillips, G. S. Pickard Poss Rainey Rogers, Jimmie Shuman Simmons Smith, G. L. II Strickland Wilson Mr. Speaker
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
Mr. Brooks of Fulton stated that he would like to be recorded as voting "Aye".
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 209. By Senator Minish of the 48th:
A Bill to amend an Act incorporating the City of Jefferson in the County of Jackson, approved Dec. 12, 1899 (Ga. L., 1899, p. 214), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
The Senate insists on its position on the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 103. By Senators Wesberry of the 37th, Johnson of the 38th 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 there of; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Johnson of the 38th, Johnson of the 42nd and Salome of the 36th.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 93. By Senator Kidd of the 25th:
A Bill to amend Code Sec. 34-802, relating to certain public officials being elected at the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
WEDNESDAY, MARCH 10, 1965
2119
SB 34. By Senators Webb of the llth and Jackson of the 16th:
A Bill to amend an Act approved March 18, 1964 (Ga. L. 1964, p. 499, at pp. 622, 623) dealing with appointment of members of the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following Resolution of the Senate:
SR 14. By Senators Pennington of the 45th, Loggins of the 53rd and others:
A Resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes.
The Senate insists on its position on the following Bills of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to create the Georgia State Scholarship Commission; and for other purposes.
The President has appointed as Committee of Conference on the part of the Senate Senators Carter of the 14th, Broun of the 46th and Webb of the llth.
The Senate insists on its position on the following Bills of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 8. By Senators Webb of the llth, Plunkett of the 30th and Hill of the 29th:
A Bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.
The President has appointed as Committee of Conference on the part of the Senate Senators Carter of the 14th, Broun of the 46th and Webb of the llth.
The Senate insists on its position in amending the following Resolutions of the House:
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JOURNAL OF THE HOUSE,
HE 18-27. By Mr. Pope of Cherokee: A Resolution to compensate Walter Lee Keller; and for other purposes.
HR 19-27. By Mr. Irvin of Habersham: A Resolution to compensate Mr. Cliff Pitts; and for other purposes.
HR 25-43. By Mr. Bowen of Dooly:
A Resolution to compensate Mrs. Merle C. Chancy; and for other purposes.
HR 26-43. By Mr. Lee of Clayton:
A Resolution to compensate Grover Jackie Darnell; and for other purposes.
HR 29-47. By Mr. Coker of Turner:
A Resolution to compensate Mr. C. Doston Wynn; and for other purposes.
HR 32-58. By Mr. Brown of Hart: A Resolution to compensate Mrs. Mack Suit; and for other purposes.
HR 40-84. By Messrs. Chandler and Harrington of Baldwin: A Resolution compensating Miss Kay Fondren; and for other purposes.
HR 41-84. By Mr. Harris of DeKalb: A Resolution to compensate Ginger Salads, Inc.; and for other purposes.
HR 42-84. By Mr. Hall of Lee:
A Resolution compensating the Lee County Board of Education; and for other purposes.
HR 45-84. By Mr. Brooks of Fulton: A Resolution compensating E. C. A. Forsberg; and for other purposes.
WEDNESDAY, MARCH 10, 1965
2121
HR 49-87. By Mr. Lewis of Burke: A Resolution compensating Seaborn Jones; and for other purposes.
HR 53-99. By Messrs. Vaughan and Harris of Bartow: A Resolution to compensate Frank C. Dysart; and for other purposes.
HR 68-117. By Mr. Caldwell of Upson: A Resolution compensating Jack Donald Grogan; and for other purposes.
HR 69-117. By Mr. Caldwell of Upson: A Resolution compensating H. F. McCorkle; and for other purposes.
HR 70-117. By Mr. Arnsdorff of Effingham: A Resolution compensating C. R. Clifton; and for other purposes.
HR 77-120. By Mr. Bagby of Paulding: A Resolution to compensate Mr. H. C. Holland; and for other purposes.
HR 78-120. By Mr. Bagby of Paulding: A Resolution to compensate Mrs. Emma C. Couch; and for other pur poses.
HR 79-120. By Mr. Watkins of Gilmer: A Resolution to compensate J. Harvey Burgess; and for other pur poses.
HR 80-120. By Mr. Abney of Walker: A Resolution to compensate Mr. Paul E. Phillips; and for other purposes.
HR 82-121. By Mr. Byrd of Walton: A Resolution compensating Mr. Arthur Juhan; and for other purposes.
HR 83-121. By Mr. Simmons of Banks: A Resolution to compensate Mr. Ted Roberts; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 84-121. By Mr. Tucker of Henry: A Resolution to compensate Mr. T. W. Craig; and for other purposes.
HR 85-121. By Mr. Walker of Lowndes: A Resolution compensating Hiram Bembry; and for other purposes.
HR 86-121. By Mr. Matthews of Clarke:
A Resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes.
HR 89-123. By Mr. Etheridge of Fulton: ; A Resolution compensating Edward F. Graham; and for other purposes.
HR 90-123. By Etheridge of Fulton:
A Resolution to compensate Ryder Truck Rental, Inc., and for other purposes.
HR 94-123. By Messrs. Mitchell and Smith of Whitfield:
A Resolution to compensate Dwight M. Beaty, Jr.; and for other purposes.
HR 124-192. By Mr. Rush of Tattnall:
A Resolution to compensate Hon. Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes.
The Senate agrees to House amendment to the following Bills of the Senate:
SB 148. By Senator Kidd of the 25th:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, approved Dec. 26, 1888 (Ga. Laws 1888, p. 286), and for other purposes.
SB 154. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, approved Dec. 15, 1900 (Ga. L. 1900 p. 345), as amended, so as to
WEDNESDAY, MARCH 10, 1965
2123
change the provisions relative to registration and voting; 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 261. By Messrs. Story of Gwinnett and Moore of Polk:
A Bill to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools;", so as to change certain provisions relative to contributions and service credit; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House, to wit:
HB 496. By Messrs. Barber of Jackson, Story of Gwinnett and others:
A Bill to amend an Act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House:
HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston and others:
A Bill to amend Code Chapter 84-4 relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide additional powers to the Georgia State Board of Barbers; and for other purposes.
Mr. Snow of Walker moved that the House adopt the report of the Conference Committee on the following Bill of the Senate:
SB 4. By Senators Broun of the 46th and Webb of the llth.
A Bill to be entitled an Act to provide home rules for municipalities, and for other purposes.
The following report of the Committee on Conference was read:
2124
JOURNAL OP THE HOUSE,
The Conference Committee on SB 4 has met and submits the following report:
The Senate and House recede from their respective positions and the Con ference Committee recommends the adoption of the following Bill:
"A BILL
To be entitled an Act to provide home rule for municipalities; to provide for a short title; to provide methods for the creation, dissolution, merger, and boundary changes of municipalities; to authorize municipali ties to adopt certain ordinances, Resolutions and regulations relating to municipal property, affairs and local government; to provide the proce dures connected therewith; to provide for the amendment of municipal charters and for the repeal of municipal ordinances, Resolutions or regu lations by initiative of the electors of municipalities; to provide the proce dure connected therewith; to provide for limitations on the home rule powers of municipalities; to authorize the governing authority of munici palities to fix the salary, compensation and expenses of municipal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance program, hospitalization benefits and workmen's compensation benefits for muni cipal officers and employees; to provide for the procedure connected therewith; to provide for the filing, publication, and distribution of amendments to or revisions of municipal charters and for the procedure conneeted therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as 'The Municipal Home Rule Act of 1965'.
Section 2. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law.
Section 3. Home Rule for Municipalities.
(a) The governing authority of each municipality shall have legis lative power to adopt clearly reasonable ordinances, Resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as provided in Paragraph (b) of this Section. This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or other wise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a
WEDNESDAY, MARCH 10, 1965
2125
municipal governing authority under this Section, except as authorized under Section 4 hereof.
(b) Except as provided in Section 4, a municipality may, as an incident of its home rule power, amend its charter by following either of the procedures hereinafter set forth.
1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authori ty not less than seven nor more than sixty days apart. A notice contain ing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and the office of the clerk of the superior court of the county of the legal situs of the municipality for the purpose of examination and inspection by the public. The recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed amendment. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in Subparagraph 2 of this Para graph or to change or repeal a local act of the General Assembly ratified in a referendum as provided in Subparagraph 2 of this Paragraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if provision has been made therefor by general law.
2. Amendments to such charters or amendments to or repeals of such ordinances, Resolutions or regulations adopted pursuant to Para graph (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing, in cases of municipalities with a population of 5,000 or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general municipal election; in cases of municipalities with a population of more than 5,000 but not more than 100,000, at least twenty per centum of the electors registered to vote in the last general municipal election; and in cases of a municipality with a population of more than 100,000, at least fifteen per centum of the electors registered to vote in the last general municipal election; which petition shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition within 60 days of its filing with the governing authority. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of sub mitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the
2126
JOURNAL OF THE HOUSE,
county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the legal situs of said municipality for the purpose of examination and inspection of the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if provision has been made therefor by general law.
In the event that the governing authority determines that such petition is not valid, it shall publish in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality, in the week immediately following the date on which such petition is declared to be not valid.
Section 4. Limitations on Home Rule for Municipalities.
(a) The power granted to municipalities in Paragraphs (a) and (b) of Section 3 shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is other wise permitted under the Constitution.
1. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, tenure of office and limitations thereon for the mem bers of the municipal governing authority.
2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations.
3. Action adopting any form of taxation beyond that authorized by law or by the Constitution.
WEDNESDAY, MARCH 10, 1965
2127
4. Action affecting the exercise of the power of eminent domain.
5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law or by the Constitution.
6. Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordinances.
7. Action changing charter provisions relating to the establishment and operations of an independent school system.
(b) The power granted in Paragraphs (a) and (b) of Section 3 shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(c) Nothing in this Section shall affect the provisions of Sections 5 and 6 of this Act.
Section 5. Salary of Municipal Employees; How Fixed. The govern ing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its employees, their dependents and survivors.
Section 6. Filing and Publication of Laws. No amendment or re vision of any charter made pursuant to this Act shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in this Act, has been filed with the Secretary of State and the office of the clerk of the superior court of the county of the legal situs of the municipality. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed."
Respectfully submitted,
FOR THE SENATE Webb of llth Broun of 46th Coggin of 35th
FOR THE HOUSE Snow of Walker Shea of Chatham Clarke of Monroe
2128
JOURNAL OF THE HOUSE,
On the motion to adopt the report of the Conference Committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff Bagby Balkcom Ballard Beck Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brown, Gene Brown, M. P. Busby Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Dailey Dean DeLoach DeVane Dickinson Dollar Dorminy Doster Duncan, A. C. Evans Farrar Flynt Fulford Gary Grahl Griffin Griffis Harrell Harrington
Harris, J. F. Harris, J. R. Henderson Holder Houston Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin McRae Merritt Milhollin Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Pafford Page Paris Perry
Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr.
Snow Spikes Spillers Stalnaker Steis Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Wells White Wiggins Williams, G. J. Woodward Wright
Those voting in the negative were Messrs.:
Dunwody
Laite
Rhodes
WEDNESDAY, MARCH 10, 1965
2129
Those not voting were Messrs.:
Acree Alien Barber Bedgood Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Byrd Caldwell Collins, J. P. Colwell Conner Davis Dixon Duncan, V. W. Etheridge Floyd Hale Hall Harris, R. W.
Herndon Howell Hudgins Hull Johnson, B. Jones, G. Paul Jordan, Ben C. Lambert Lane Lee, F. S. Lewis, P. B. Looper Matthews, D. R. Mauney McClelland McCracken McDaniell McKemie Melton Minge Mixon Moate Nessmith, P.
Otwell Parker Pickard Poss Rainey Reid Rodgers, H. B. Rogers, Jimmie Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Story Strickland Watkins Watson Williams, W. M. Wilson Mr. Speaker
On the adoption of the report of the Conference Committee, the ayes were 133, nays 3.
The Report of the Conference Committee on SB 4 was adopted.
"AyeM".r. Floyd of Chattaooga stated that he would like to be recorded as voting
"NayM".r. Caldwell of Upson stated that he would like to be recorded as voting
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 224-609. By Messrs. Jones and Dunwody of Bibb: A Resolution releasing certain property from all fi. fas. in Bibb County, and for other purposes.
2130
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 Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene
Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey Dean DeLoaeh DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Dunwody Evans Farrar Floyd Flynt Fulford
Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, R. W. Henderson Holder Houston Hudgins Hucthinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Mauldin McRae Merritt Milhollin Mixon Moore, Don C. Moore, J. H.
Moses Murphy
NeSmith, J. D. Newton, D. L. Odom Pafford Page Paris Peterson Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Roper Ross Rowland Rush Savage Shea Simpson Simth, A. B.
Snow Spikes Spillers Stalnaker Steis Strickland Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Wells White Wiggins Williams, G. J. Woodward Wright
WEDNESDAY, MARCH 10, 1965
2131
Those not voting were Messrs.:
Acree Anderson Arnsdorff Bagby Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Colwell Conner Davis Dorminy Duncan, V. W. Etheridge Griffin Hale Hall Harris, J. R. Herndon Howell Hull Johnson, B.
Jordan, Ben C. Lambert Lee, F. S. Looper Lovett Matthews, D. R. Mauney McClelland McCracken McDaniell McKemie Melton Minge Mitchell Moate Nessmith, P. Newton, A. S. Oglesby Otwell Overby Parker Perry Phillips, G. S. Pickard
Poss Rainey Reid Rodgers, H. B. Rogers, Jimmie Russell Sewell Shuman Simkins Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Story Thomas Thomason Vaughn, C. R. Watson Williams, W. M. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 132, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 123. By Senator Fincher of the 51st:
A Bill to be entitled an Act to make it unlawful to possess more than two fluid ounces of the drug known as Paregoric, and for other purposes.
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
Balkcom Ballard
2132
Barber Beck Black Blair Blalock Bolton Bowen, R. L. Brackin Branch Brinkley Brown, Gene Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Flynt Fulford Grahl Griffin Griffis Harris, J. F. Harris, R. W. Henderson
JOURNAL OF THE HOUSE,
Holder Houston Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H.
Murphy NeSmith, J. D. Newton, D. L.
Odom Oglesby Overby Pafford Page Perry Peterson Pope Reaves Reid Rhodes Roberts Roper Rowland Rush Russell
Savage Simkins Simp son Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Story Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N.
Watkins Watson Wells White Wiggins Williams, W. M. Woodward
Those not voting were Messrs.:
Arnsdorff Bagby Bedgood Bowen, J. 0. Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P.
Bynum Clarke, H. G.
Conger Conner Davis Dollar Etheridge Evans
Floyd Gary Hale Hall Harrell Harrington Harris, J. R. Herndon
Hudgins Hull Johnson, B. Jones, G. Paul Kelly Laite Lambert Looper McClelland McCracken Melton Milhollin Moses Nessmith, P. Newton, A. S. Otwell
WEDNESDAY, MARCH 10, 1965
2133
Paris Parker Phillips, G. S. Phillips, L. L. Pickard Poss Potts Rainey Richardson Rodgers, H. B. Rogers, Jimmie Ross Sewell Shea Shuman Simmons
Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Spikes Steis Thomason Vaughn, C. R. Walker Ware Williams, G. J. Wilson Wright Mr. Speaker
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 108. By Senator Rowan of the 8th:
A Bill to be entitled an Act to encourage landowners to make land and water areas available to the public by limiting the liability in connection 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair
Blalock Bolton Branch Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey Dean DeLoach DeVane Dickinson
2134
JOURNAL OF THE HOUSE,
Dixon Dollar Dorminy Duncan, A. C. Dunwody Parrar Ployd Flynt Pulford Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C.
Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B.
Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McKemie McRae Merritt Minge Mitchell Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pope Potts Reaves Rhodes
Richardson
Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson White Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Bedgood Bowen, J. 0. Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell Clark, J. T. Colwell Conner Davis
Doster Duncan, V. W. Etheridge Evans Gary Hale Hall Harrell Harris, J. R. Houston Hull Johnson, B. Jones, G. Paul Knight, W. D.
Laite Lambert Lee, W. J. (Bill) Looper Matthews, C. McClelland McCracken McDaniell Melton Milhollin Moate Nessmith, P. Phillips, G. S. Pickard
WEDNESDAY, MARCH 10, 1965
2135
Poss Rainey Reid Rodgers, H. B. Rogers, Jimmie Shuman Simmons
Simpson Singer Smith, Chas. C. Smith, G. L. II Snow Steis Ware
Watkins Wells Wiggins Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 131. By Senators Bateman of the 27th and Pennington of the 45th:
A Bill to be entitled an Act to amend an Act of the General Assembly known as the Milk and Cheese Dairy Inspection 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 Arnsdorff Balkcom Ballard Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brantley Brinkley Busbee Bynum Byrd Carr Clark, J. T.
Clarke, H. G. Coker, G., Dr. Coker, R. Collins M. Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, V. W. Dunwody Farrar Floyd Flynt Fulford
Grahl Griffin Harrington Harris, J. F. Harris, R. W. Henderson Herndon Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, P. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane
2136
Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, J. H. Moses NeSmith, J. D. Newton, A. S.
JOURNAL OP THE HOUSE,
Newton, D. L. Odom Oglesby Otwell Overby Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Rhodes Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Simkins Smith, A. B.
Smith, J. R. Snow Spikes Spillers Stalnaker
Story Strickland Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Bagby Bedgood Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Chandler Collins, J. F. Colwell Davis Dorminy Duncan, A. C. Etheridge Evans Gary Griffis Hale Hall
Harrell Harris, J. R. Holder Houston Hull Irvin Jones, C. M. Jones, G. Paul Kelly Lambert Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Matthews, C. McClelland Melton Moore, Don C. Murphy Nessmith, P. Pafford Page
Paris Pickard
Poss Rainey Reid Rodgers, H. B. Rogers, Jimmie Rowland Shuman Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Steis Thomas Thomason Wells Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
WEDNESDAY, MARCH 10, 1965
2137
The Bill, having received the requisite constitutional majority, was passed.
SB 151. By Senators McKenzie of the 17th, Hill of the 29th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to authorize member ship on the various commissions of 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 Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brantley Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Dailey
Dean DeLoach DeVane Dickinson Dollar Dorminy Doster Duncan, V. W. Evans Parrar Flynt Fulford Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W.
Knight, W. D. Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moses NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell
2138
Overby Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reaves Reid Rhodes Richardson Roberts Roper Ross
JOURNAL OF THE HOUSE,
Russell Savage Sewell Shea Simkins Simpson Smith, J. R. Snow Spikes Spillers Stalnaker Story Strickland Tabb Thomas Tidwell
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those not voting were Messrs.:
Acree Beck Bedgood Brackin Branch Brooks, Wilson Brown, Gene Collins, J. F. Colwell Conner Davis Dixon Duncan, A. C. Dunwody Etheridge Floyd Gary Hale Hall Harrell Harris, J. R.
Houston Hull Irvin Johnson, B. Jones, C. M. Jones, G. Paul Laite Lambert Lee, W. J. (Bill) Looper Matthews, C. McClelland Melton Moore, Don C. Moore, J. H. Murphy Nessmith, P. Pafford Paris Pickard Poss
Rainey Rodgers, H. B. Rogers, Jimmie Rowland Rush Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Steis Sweat Thomason Wells Wiggins Mr. Speaker
On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 159. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, so as to change the provisions relating to the
WEDNESDAY, MARCH 10, 1965
2139
compensation of the Secretary of the Board of Commissioners of the Georgia Historical 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.
Anderson Bagby Blair Bolton Bowen, J. 0. Brantley Brinkley Brooks, Geo. B. Brown, M. P. Busbee Byrd Collins, J. F. Dollar Dorminy Farrar Floyd Flynt Grahl Harris, J. R. Herndon Hudgins Hull Hutchinson Johnson, Dr. A. S. Jones, G. Paul Jones, M. Jordan, Ben C.
Lewis, E. B. Lewis, P. B. Luke Maddox Marshall Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Mitchell Mixon Moate Moses Murphy Nessmith, P. Newton, D. L. Odom Oglesby Otwell Overby Paris Perry Peterson Phillips, L. L.
Rhodes Richardson Ross Rowland Russell Savage Sewell Shea Simkins Smith, Chas. C. Snow Spillers Stalnaker Story Tabb Tidwell Tucker, Ray M. Underwood Walker Watkins White Wiggins Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Abney Alien Balkcom Ballard Barber Black Blalock Bynum
Collins, M. Dailey DeLoach Dickinson Dunwody Evans Fulford Harrington
Harris, J. F. Harris, R. W. Henderson Howell Jordan, W. H. Kelly Knight, W. D. Leonard
2140
Lowrey Milhollin Minge NeSmith, J. D.
JOURNAL OF THE HOUSE,
Potts Reid Singer Smith, A. B.
Thomas Vaughan, D. N. Williams, G. J.
Those not voting were Messrs.:
Acree Arnsdorff
Beck Bedgood Bowen, R. L. Brackin Branch Brooks, Wilson Brown, Gene Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Colwell Conger Conner Crowe Davis Dean DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Etheridge Gary Griffin
Griffis Hale Hall Harrell Holder Houston Irvin Jessup Johnson, B. Jones, C. M. Jones, P. C. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Looper Lovett Matthews, C. Mauney McClelland McKemie McRae Moore, Don C. Moore, J. H. Newton, A. S. Pafford Page
Parker Phillips, G. S. Pickard Pope Poss Rainey Reaves Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Simmons Simpson Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Steis Strickland Sweat Thomason Tucker, J. B. Vaughn, C. R. Ware Watson Wells Mr. Speaker
On the passage of the Bill, the ayes were 79, nays 35.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Luke of Richmond 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 SB 159.
WEDNESDAY, MARCH 10, 1965
2141
SR 49. By Senator Kidd of the 25th:
A Resolution requesting the Secretary of Health, Education and Welfare to make changes in certain regulations 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 Bolton Bowen, R. L. Brinkley Brooks, Geo. B. Brown, M. P. Bynum Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Crowe Dailey DeLoach Dickinson Dixon Dollar Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Gary
Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Houston Howell Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McCracken McKemie McRae Melton Merritt Milhollin Minge
Mitchell Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Reaves Reid Rhodes Richardson Roberts Roper Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Spikes Spillers
2142
Stalnaker Steis Story Strickland Sweat Tabb Thomas
JOURNAL OF THE HOUSE,
Thomason Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware
Watkins Watson White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Acree Balkcom Beck Bowen, J. O. Brackin Branch Brantley Brooks, Wilson Brown, Gene Busbee Caldwell Clark, J. T. Collins, J. F. Colwell Conger Conner Davis Dean DeVane Dorminy Doster Duncan, A. C. Floyd
Hale Hall Harris, R. W. Holder Hudgins Hull Irvin Johnson, B. Jones, F. C. Jones, G. Paul Jordan, Ben C. Lambert Lane Lee, G. B. Looper Lovett Luke Matthews, D. R. McClelland McDaniell Moore, Don C. Nessmilh, P. Newton, D. L.
Page Paris Parker Phillips, G. S. Rainey Rodgers, H. B. Rogers, Jimmie
Rush Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T.
Snow Tidwell Tucker, J. B. Wells Wiggins Williams, W. M. Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 135, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Floyd of Chattooga stated that he would like to be recorded as voting "Aye".
SR 64. By Senators Plunkett of the 30th and Carter of the 14th:
A Resolution to create an "Interim Scholarship Study Committee", and for other purposes.
WEDNESDAY, MARCH 10, 1965
2143
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 Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Branch Brinkley Busbee Bynum Byrd Carr Chandler Clarke, H. G. Coker, R. Collins, M. Conger Crowe Dean DeLoach DeVane Dollar Dorminy Doster Duncan, V. W. Dunwody Etheridge Evans Floyd Flynt Pulford Gary Grahl Griffis Harris, J. R. Henderson
Herndon Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Lee, F. S. Lewis, E. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moate Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page
Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Poss Potts Reaves Reid Richardson Roberts Roper Ross Rowland Savage Sewell Shea Simpson Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Ware Watson Wells White Wiggins Williams, G. J. Williams, W. M.
2144
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Bagby Ballard Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Clark, J. T. Coker, G., Dr. Collins, J. F. Colwell Conner Dailey Davis Dickinson Dixon Duncan, A. C. Farrar Griffin Hale Hall
Harrell Harrington Harris, J. F. Harris, R. W. Holder Houston Hull Irvin Jones, C. M. Jones, G. Paul Knight, D. W. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Matthews, D. R. Mauney McClelland McCracken Milhollin Moore, Don C.
Nessmith, P. Pickard Pope Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Rush Russell Shuman Simkins Simmons Singer Smith, Chas. C. Snow Strickland Thomas Tucker, J. B. Vaughan, D. N. Walker Watkins Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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 198. By Senators Wesberry of the 37th, Salome of the 36th and others:
A Bill to amend an Act establishing a new charter for the City of At lanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; and for other purposes.
WEDNESDAY, MARCH 10, 1965
2145
SB 199. By Senators Salome of the 36th, Thompson of the 34th and others:
A Bill to amend the Act to regulate primary elections in Georgia, in cities of 200,000 or more according to the last or any future Federal census; (Ga. L. 1933, p. 227), by repealing Section 3 in reference to voting in Ward and district of residence of elector; and for other pur poses.
SB 211. By Senator Minish of the 48th:
A Bill to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to change the territory embraced within the First and Second Wards of said City; to provide that the change in the wards shall not affect the present office holders; to provide an effective date; and for other purposes.
SB 216. By Senators Thompson of the 34th, Ward of the 39th and others:
A Bill to amend an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved Feb. 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to provide time and repayment terms for employees who elect to be come reinstated in the pension system after re-employment; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others: A Bill to amend Code Section 47-101, relating to apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A Bill to provide home rule for municipalities; to provide for a short title; to provide method for the creation, dissolution, merger, and bound ary changes of municipalities; to provide the procedure connected there with; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
2146
JOURNAL OF THE HOUSE,
SR 84. By Senator Ballew of the 50th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the County School Superintendent of Fannin County by the people; to provide for the filling of vacanices on the County Board of Education of Fannin County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 485. By Mr. Jones of Bibb:
A Bill to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon; and for other purposes.
HB 556. By Mr. Caldwell of Upson:
A Bill to amend an Act entitled "An Act to comprehensively and ex haustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases;" approved Feb. 19, 1965, being Act No. 16 of the regular 1965 Session of the General Assembly; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to wit:
HR 170-372. By Messrs. Pickard, Brinkley and Jones of Muscogee: A Resolution proposing an amendment to the Constitution so as to au thorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 163. By Senator Thompson of the 34th: A Bill to amend an Act known as the "Children and Youth Act", ap proved March 14, 1963 (Ga. L. 1963, p. 81), and for other purposes.
SR 90. By Senator Hall of the 52nd: A Resolution authorizing the granting of an easement across, through
WEDNESDAY, MARCH 10, 1965
2147
and over certain real property located in Floyd County, Georgia; and for other purposes.
SR 96. By Senator Ballew of the 50th:
A Resolution to create an interim committee to study the feasibility of establishing the old courthouse in White County as a historical monu ment or State Park; 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 9. By Mr. Smith of Camden: A Bill to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb: A Bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide compensa tion to the Mayor and City Council for attendance at such additional meetings; and for other purposes.
HB 448. By Mr. McDaniell of Cobb: A Bill to amend an Act creating a new charter for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected; to increase corporate limits of said City; and for other purposes.
HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to amend an Act incorporating the Town of Austell, so as to increase the corporate limits of said City; and for other purposes.
HB 563. By Messrs. McClelland, Etheridge and Brooks of Pulton:
A Bill to fix the salaries of the Judges of Juvenile Courts in counties having a population of 500,000 or more; and for other purposes.
HB 594. By Mr. White of Mclntosh:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Mclntosh County, known as the fee system; and for other purposes.
2148
JOURNAL OP THE HOUSE,
HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, so as to adjust, increase and fix the annual salaries of the Judges and the Solicitor General of said Criminal Court of Fulton Coun ty; and for other purposes.
HB 567. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to amend an Act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges of said court; and for other purposes.
HB 623. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral of said Circuit, so as to fix the compensation of the SolicitorGeneral of said Circuit; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 178. By Mr. Rhodes of Baker:
A Bill to abolish the present mode of compensating the sheriff of Baker County; 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 153. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemption from all jury duty; and for other purposes.
Referred to the Committee on Judiciary.
SB 218. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to remove the provisions providing creditable service for certain members; and for other purposes.
Referred to the Commitee on Judiciary.
WEDNESDAY, MARCH 10, 1965
2149
SB 209. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson in the County of Jackson, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 198. By Senators Wesberry of the 37th, Salome of the 36th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
Referred to the Committee on Local Affairs.
SB 199. By Senators Salome of the 36th, Thompson of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act to regulate primary elec tions in Georgia, in cities of 200,000 or more, by repealing Section 3 in reference to voting in Ward and district of residence of elector; and for other purposes.
Referred to the Committee on Local Affairs.
SB 211. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the territory embraced within the First and Second Wards of said City; and for other purposes.
Referred to the Committee on Local Affairs.
SB 216. By Senators Thompson of the 34th, Ward of the 39th, Johnson of the 38th and Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide time and repayment terms for employees who elect to become reinstated in the pension system after re-employment; arid for other purposes.
Referred to the Committee on Local Affairs.
SR 84. By Senator Ballew of the 50th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the County School Superintendent of Fannin County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
2150
JOURNAL OF THE HOUSE,
SR 90. By Senator Hall of the 52nd:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County; and for other purposes.
Referred to the Committee on Local Affairs.
SR 96. By Senator Ballew of the 50th:
A Resolution to create an interim committee to study the feasibility of establishing the old courthouse in White County as a historical monu ment or State park; and for other purposes.
Referred to the Committee on Judiciary.
SB 163. By Senator Thompson of the 34th:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide for a provisional license; and for other purposes.
Referred to the Committee on Judiciary.
Mr. Williams of Hall moved that the House adopt the report of the Con ference Committee on the following Bill of the House:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection, and for other purposes.
The following Report of the Conference Committee was read:
Mr. President: Mr. Speaker:
Pursuant to the purposes for which appointed, your Committee of Conference on HB 278 respectfully submits the following report:
1. That the House recede from its position in disagreeing with the Senate
WEDNESDAY, MARCH 10, 1965
2151
Substitute to HB 278 and that the House agree to the Senate Substitute to HB 278.
This 10th day of March, 1965.
Williams of Hall Clark of Catoosa Mitchell of Whitfield ON BEHALF OF THE HOUSE. Holloway of 12th Lee of 47th Broun of 46th ON BEHALF OF THE SENATE.
On the motion to adopt the report of the Conference Committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff Bagby Balkcom Black Blair Bolton Bowen, J. 0. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Caldwell Clark, J. T. Clarke, H. G.
Coker, G., Dr. Crowe Dailey Dean DeLoach Dollar Doster Duncan, A. C. Duncan, V. W.
Etheridge Farrar Flynt Fulford Gary Grahl Griffin Griffis Harrell Harris, J. R. Harris, R. W. Herndon Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B.
Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S.
Lee, W. J. (Bill) Lewis, P. B. Lovett Luke Matthews, C. Matthews, D. R. McClelland McCracken McDaniell McKemie Melton Mitchell Moate Moses Nesmith, J. D. Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Page Paris Parker Perry Peterson
2152
Phillips, G. S. Pickard Pope Poss Potts Reaves Reid Richardson Roberts Roper Rowland Russell
JOURNAL OF THE HOUSE,
Savage Sewell Shea Simkins Smith, V. T. Spikes Stalnaker Steis Story Strickland Thomason Tidwell
Tucker, J. B. Tucker ,Ray M. Underwood Vaughn, C. R. Walker Ware Watson Wells White Wiggins Williams, G. J. Williams, W. M.
Those voting in the negative were Messrs.
Alien Ballard Barber Blalock Bowen, R. L. Branch Bynum Byrd Chandler Collins, M. Conger Dorminy Dunwody Floyd
Harrington Harris, J. F. Henderson Jessup Jones, F. C. Lane Leonard Lewis, E. B. Marshall Mauldin McRae Merritt Milhollin Mixon
Murphy Pafford Rainey Rhodes Ross Simpson Smith, A. B. Smith, J. R. Sweat Vaughan, D. N. Watkins Wilson Wright
Those not voting were Messrs.:
Acree Beck Bedgood Brackin Brantley Brown, Gene Carr Coker, R. Collins, J. F. Colwell Conner Da vis DeVane Dickinson Dixon Evans Hale
Hall Holder Hudgins Hull Irvin Laite Lambert Lee, G. B. Looper Lowrey Maddox Mauney Minge Moore, Don C. Moore, J. H. Nessmith, P.
Phillips, L. L. Rodgers, H. B. Rogers, Jimmie Rush Shuman Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spillers Tabb Thomas Woodward Mr. Speaker
On (he adoption of the report of the Conference, the ayes were 114, nays 41.
WEDNESDAY, MARCH 10, 1965
2153
The Conference Committee report on HB 278 was adopted.
Mr. Brooks of Fulton stated that he would like to be recorded as voting "Aye".
"NayM".r. Spillers of Newton stated that he would like to be recorded as voting
Mr. Hull of Richmond moved that the House agree to the report of the Con ference Committee on the following Bill of the House:
HB 57. By Mr. Hull of Richmond: A Bill to be entitled an Act to amend an Act creating the Mineral Leas ing Commission, so as to increase the membership of the Commission, and for other purposes.
The following report of the Committee on Conference was read:
The Conference Committee on HB 57 has met and submits the following:
The Conference Committee recommends that the House recede from its posi tion in disagreeing with the Senate Substitute to HB No. 57, and that said Senate Substitute be adopted with the following exception: That quoted Section 1 of Section 1 of Senate Substitute to HB 57 be amended by striking the second sentence of said quoted Section 1 reading as follows:
"The members of the Commission shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in connection with their official duties.",
and substituting in lieu thereof a new sentence to read as follows:
"With the exception of the Secretary of State, who shall receive the compensation authorized by law for ex-officio officers, the mem bers of the Commission shall receive no compensation for their serv ices but shall reimbursed for their actual expenses incurred in con nection with their official duties."
Respectfully submitted,
For the Senate: Gillis of 20th Hill of 29th
2154
JOURNAL OF THE HOUSE,
Carter of 14th For the House: Hull of Richmond Jones of Liberty Pickard of Muscogee
On the motion to adopt the report of the Conference Committee, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Bagby Balkcom Ballard Barber Beck Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody
Evans Farrar Floyd Grahl Harrington Harris, J. F. Harris, R. W. Henderson Herndon Houston Howell Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lewis, E. B. Lewis, P. B. Lovett Luke Marshall Matthews, D. R. Mauldin McKemie McRae Merritt Milhollin Mitchell Mixon Moate Murphy NeSmith, J. D.
Nessmith, P. Odom Oglesby Overby Pafford Page Paris Peterson Pickard Pope Reid Richardson Ross Rowland Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Spikes Spillers Stalnaker Story Strickland Sweat Tabb Tidwell Tucker, J. B. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells White Wiggins
WEDNESDAY, MARCH 10, 1965
Williams, G. J. Williams, W. M.
Wilson Woodward
Wright
2155
Those not voting were Messrs.:
Acree Alien Arnsdorff Bedgood Black Blalock Branch Brantley Brooks, Wilson Brown, Gene Byrd Clark, J. T. Collins, J. P. Colwell Conner Davis Etheridge Flynt Fulford Gary Griffin Griffis Hale Hall Harrell Harris, J. R. Holder Hudgins Irvin
Johnson, B. Jones, C. M. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Lambert Lane Lee, G. B. Lee, W. J. (Bill) Leonard Looper Lowrey Maddox Matthews, C. Maunye McClelland McCracken McDaniell Melton Minge Moore, Don C. Moore, J. H. Moses Newton, A. S. Newton, D. L. Otwell Parker Perry Phillips, G. S.
Phillips, L. L. Poss Potts Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Russell Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Steis Thomas Thomason Tucker, Ray M. Underwood Watkins Mr. Speaker
On the adoption of the report of the Conference Committee, the ayes were 119, nays 0.
The House has adopted the conference committee report on HB 57.
Under the General Order of Business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SR 32. By Senator Johnson of the 38th:
A Resolution to permit the use of a fascimile of the face or front of the Great Seal of Georgia together with that of certain other states, as a
2156
JOURNAL OF THE HOUSE,
part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Black Blair Blalock Bowen, J. O. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Coker, G., Dr. Coker, R. Collins, J. F. Crowe Dailey Dean DeLoach DeVane Dixon Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Fulford Gary Grahl
Harrell Harris, J. F. Henderson Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, W. H. Kelly Laite Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Marshall Matthews, C. Mauldin McKemie McRae Melton Merritt Minge Mitchell Mixon Moate Moses Newton, A. S. Odom Oglesby Page
Paris Parker Perry Peterson Pickard Pope
Poss Potts Reaves Reid Richardson Rogers, Jimmie Rowland Rush Savage Shea Simkins Simpson Smith, J. R. Spikes Stalnaker Steis Story Strickland
Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Ware Watson Wells White Wiggins Williams, G. J. Williams, W. M.
WEDNESDAY, MARCH 10, 1965
2157
Those voting in the negative were Messrs.:
Collins, M. Matthews, D. R.
McCracken
Rhodes
Those not voting were Messrs.:
Abney Acree Alien Bedgood Bolton Bowen, R. L. Brackin Branch Brantley Brown, Gene Carr Chandler Clark, J. T. Clarke, H. G. Colwell Conger Conner Da vis Dickinson Dollar Floyd Plynt Griffin Griffis Hale Hall Harrington
Harris, J. R. Harris, R. W. Herndon Holder Hull Irvin Johnson, B. Jones, G. Paul Jordan, Ben C. Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Maddox Mauney McClelland McDaniell Milhollin Moore, Don C. Moore, J. H. Murphy NesSmith, J. D. Nessmith, P. Newton, D. L . Otwell Overby
Pafford Phillips, G. S . Phillips, L. L. Rainey Roberts Rodgers, H. B. Roper Ross Russell Sewell Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Snow
Spillers Sweat Thomason Walker Watkins Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 117, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 33. By Senator Carter of the 14th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sion, and for other purposes.
The following Committee substitute was read and adopted:
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JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 169), an Act approved March 17, 1959 (Ga. Laws 1959, p. 335), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 1037), so as to authorize any municipality or county to continue, create or retain its own local planning commission; to provide that any municipality or county may specify which powers granted shall be exercised by the local planning commis sion and also to joint planning commission; to change the provisions relating to existing laws; to provide that the powers and authority granted municipal, county, joint municipal-county planning commissions, and board of appeals shall be in addition to all other powers and authori ty such planning commissions and board of appeals now have or may later have under other laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 169), an Act approved March 17, 1959 (Ga. Laws 1959, p. 335), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 1037), is hereby amended by inserting between the fifth and sixth sentences of Section 1 a new sentence to read as follows:
"The governing authority of any municipality or county that has participated or participates in creating a joint planning com mission may continue and may create or retain its own local plan ning commission whether under the authority of a private act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commis sion may specify in the respective Resolutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commission.",
so that when so amended Section 1 shall read as follows:
"Section 1. Planning Commissions: Creation and Appointment. The governing authority of each municipality in this State is authorized to create by ordinance a municipal planning commission. The governing authority of such county in this State is authorized to create by Resolution a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are
WEDNESDAY, MARCH 10, 1965
2159
authorized to create a joint planning commission. The governing authority of any municipality or county that has participated or participates in creating a joint planning commission may continue and may create or retain its own local planning commission whether under the authority of a private act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commission may specify in the respective Reso lutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commis sion. Wherever the terms, 'Municipal Planning Commission', 'County Planning Commission', or 'Municipal-County Planning Commission', are used hereinafter, they shall be construed to mean and shall in clude any planning commission established hereunder. The govern ing authorities of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such name must include the term 'Planning Commission'. A planning commission shall be composed of members who shall be appointed by the governing authority or authorities of the political subdivision or subdivisions creating the commission. A majority of the members of a planning commission shall be persons who hold no other public office in the municipality or county from which they are appointed. Ex-officio members of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for over lapping terms of three, four or five years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the original appoint ment. The governing authority or authorities of the political sub divisions creating the commission are hereby authorized to remove any member of the commission for cause after written notice and public hearing."
SECTION 2
Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. Effect on Existing Planning and Zoning Authori zation. This Act shall become effective upon its adoption by the gov erning authority of a municipality or a county, as the case might be. Any municipality which, prior to January 31, 1946, had the power and authority under its charter as originally granted or amended to engage in planning and zoning, as authorized by the Constitution of Georgia, and any municipality or county which now has the power and authority to engage in planning and zoning under the provisions of an Act relating to zoning and planning, approved January 31, 1946 (Ga. Laws 1946, p. 191), as amended, or under the provisions of any local or special Act, or under the provisions
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of the Constitution of Georgia may continue to operate under such law. All powers and authority granted by this Act to municipal and county and joint municipal-county planning commissions and boards of appeals shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such planning commissions and boards of appeals now have or may later have under other laws.
"Any county Resolution or municipal ordinance legally enacted under the authority of any such statute or constitutional provision shall remain in force and effect after this Act becomes effective until the county or municipality has brought such Resolution or ordinance into conformity with the provisions of this Act. Provided, however, that after this Act becomes effective in any municipality or county, such Resolutions and ordinances shall be administered under the provisions of this Act and any amendment to any such county Resolution or municipal ordinance shall be made under the provisions of this Act."
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 Barber Beck Blair Blalock Brantley Brinkley Brooks, Geo. B. Busbee Byrd Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Collins, M. Crowe Dailey DeLoach DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Farrar Gary Grahl Griffin Griffis Harrell Harrington
Harris, J. F. Harris, R. W. Herndon Howell Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W .D. Laite Lane Lee, F. S.
WEDNESDAY, MARCH 10, 1965
2161
Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Luke Matthews, D. R. Mauney McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Overby
Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Potts Reid Rhodes Richardson
Roberts Rodgers, H. B. Roper Rowland Rush Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, V. T.
Snow Spikes Spillers Stalnaker Steis Story Strickland
Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acree Alien Balkcom Bedgood Black Bolton Bowen, J. 0. Bowen, R. L. Brackin Branch Brooks, Wilson Brown, Gene Brown, M. P. Bynum Caldwell Carr Coker, R. Collins, J. F. Colwell Conger Conner Davis Dean Dickinson Dollar Dorminy Evans
Floyd Flynt Fulford Hale Hall Harris, J. R. Henderson Holder Houston Hull Irvin Jessup Jones, F. C. Knight, D. W. Lambert Lee, G. B. Leonard Lowrey Maddox Marshall Matthews, C. Mauldin McClelland McCracken Melton Minger Moate
Moore, Don C. Oglesby Otwell Pafford Page Phillips, G. S. Poss Rainey Reaves Rogers, Jimmie Ross Russell Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Sweat Thomas Thomason Walker White Wilson Woodward
Mr. Speaker
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JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 9. By Senators Broun of the 46th, and Lee of the 47th:
A Bill to be entitled an Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, and so as to change the punishment for larceny of any automobile, etc, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bills, 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 Beck Bedgood Blair Blalock Brackin Branch Brinkley Brooks, Geo. B. Brown, M. P. Busbee Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Crowe Dailey Dean
DeLoach DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Evans Farrar Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, R. W. Herndon Houston Howell Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Lane Lee, F. S.
Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C.
Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Milhollin Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A .S. Newton, D. L.
Odom Overby
Page Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Poss Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross
WEDNESDAY, MARCH 10, 1965
2163
Rowland Rush Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland
Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acree Balkcom Black Bolton Bowen, J. 0. Bowen, R. L. Brantley Brooks, Wilson Brown, Gene Caldwell Coker, R. Colwell Conger Conner Da vis Dickinson Dollar Dorminy Dunwody Etheridge Floyd Plynt
Fulford Griffis Hale Hall Harris, J. R. Henderson Holder Hudgins Hull Irvin Jessup Jones, C. M. Jones, G. Paul Knight, D. W. Laite Lambert Lee, G. B. Leonard McClelland McCracken Melton Minge
Moate Moore, Don C. Oglesby Otwell Pafford Phillips, G. S. Reaves Rogers, Jimmie Russell Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Thomas Underwood Walker White Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 67. By Senator Webb of the llth:
A Resolution creating the Alcoholism Study Commission, and for other purposes.
2164
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 Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Blair Blalock Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Busbee Bynum Byrd Carr Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Coiling, M. Dailey Dean DeLoach DeVane Dickinson Dixon Doster Duncan, A. C. Duncan, V. W. Evans Farrar Floyd Gary Grahl Griffis Harris, J. F. Harris, R. W. Henderson
Howell Hudgins Hutchinson Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Page
Paris Parker Perry Peterson Phillips, L. L. Pope Poss Potts Rainey Rhodes Richardson Rodgers, H. B. Rowland Rush Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, V. T. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Watkins Watson Wiggins Williams, G. L. Williams, W. M. Wright
WEDNESDAY, MARCH 10, 1965
2165
Those not voting were Messrs.:
Acree Anderson Black Bolton Bowen, R. L. Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Caldwell Chandler Clark, J. T. Colwell Conger Conner Crowe Davis Dollar Dorminy Dunwody Etheridge Flynt Fulford Griffin Hale
Hall Harrell Harrington Harris, J. R. Herndon Holder Houston Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Knight, D. W. Laite Lambert Lee, G. B. Leonard McClelland McCracken Melton Mitchell Moate Moore, Don C. Nessmith, P. Otwell Pafford
Phillips, G. S. Pickard Reaves Reid Roberts Rogers, Jimmie Roper Ross Russell Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Spikes Thomas Tucker, J. B. Walker Ware Wells White Wilson Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 126, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 556. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to amend an Act entitled "An Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases, and for other purposes.
The following Senate amendment was read:
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JOURNAL OF THE HOUSE,
Senator Smalley of the 28th moves to amend HB 556, as amended, as follows:
(1) By adding to the caption, just before the words "to repeal conflicting laws", the clause, "to amend Section 24, relating to effective date, so as to redefine same".
(2) By striking Section 3 of said HB 556, as amended, and by substituting in lieu thereof the following: "Section 3. Section 24 of said Act, prescribing an effective date, is hereby amended by striking same and substituting in lieu thereof the following:
"Section 24. This Act, as amended, shall become effective in August 1, 1965, and shall apply to all appeals filed on or after said date and any beief of evidence or record of proceedings filed prior to said effective date shall be supplemented by the addition of such additional matter, if any, as may be required to permit proper consideration of the appeal. Section 17 herein shall apply to all cases tried on or after August 1, 1965.
Mr. Caldwell of Upson 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 Arnsdorff Bagby Balkcom Barber Beck Black Blair Blalock Bowen, J. O. Brackin Branch Brinkley
Brooks, Geo. B. Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, M. Crowe Dailey DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Farrar Floyd Fulford Gary
Grahl Harrell Harris, J. F. Harris, R. W. Henderson Herndon Houston Hull Hutchinson
Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey Luke Marshall Matthews, D. R. Mauldin McDaniell McKemie
McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Page Paris Parker Perry Peterson Phillips, L. L. Pickard
WEDNESDAY, MARCH 10, 1965
2167
Pope Potts Reaves Reid Rodgers, H. B. Rogers, Jimmie Ross Rush Russell Savage Shea Simkins Simpson Smith, A. B. Smith, J. R. Snow Spikes Stalnaker Steis Story Strickland
Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Ballard
Evans
Those not voting were Messrs.:
Acree Bedgood Bolton Bowen, R. L. Brantley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Clark, J. T. Collins, J. F. Colwell Conger Conner Davis Dean Dorminy Doster Etheridge Flynt Griffin Griffis Hale
Hall Harrington Harris, J. R. Holder Howell Hudgins Irvin Johnson, B. Jones, G. Paul Lambert Lane Lee, G. B. Leonard Maddox Matthews, C. Mauney McClelland McCracken Moore, Don C. Moore, J. H. Murphy
Nessmith, P. Newton, D. L.
Otwell Pafford Phillips, G. S. Poss Rainey Rhodes Richardson Roberts Roper Rowland Sewell Shuman Simmons Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spillers Wells Mr. Speaker
On the motion to agree, the ayes were 135, nays 2.
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JOURNAL OF THE HOUSE,
The House has agreed to the Senate amendments to HB 556.
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 report of the Conference Committee on the following Bill of the House:
HB 57. By Mr. Hull of Richmond:
A Bill to amend an act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other purposes.
The Senate has adopted by the requisite constitutional majority the report of the Conference Committee on the following Bill of the House:
HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski, Minge of Floyd, Johnson of Warren and Harrell of Fayette:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of in spection; and for other purposes.
Mr. Harris of DsKalb asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Local Affairs and recommitted to the Committee on Judiciary:
SB 205. By Senator Thompson of the 34th: A Bill to be entitled an Act to amend the Charter of the City of East Point, and for other purposes.
The consent was granted and SB 205 was recommitted to the Committee on Judiciary.
Mr. Williams of Hall moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. to morrow.
THURSDAY, MARCH 11, 1965
2169
Representative Hall, Atlanta, Georgia Thursday, March 11, 1965.
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 Rev. Sam Mitchell, Pastor, Plainville Methodist Church, Plainville, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third Reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
Mr. Bolton of Spalding asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
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JOURNAL OF THE HOUSE,
SB 159. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act creating a Georgia His torical Commission, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission, and for other purposes.
The consent was granted and the House has reconsidered.
By unanimous consent, the following Bills and Resolutions of the Senate were read the second time:
SB 153. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemption from all jury duty; and for other purposes.
SB 218. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System of Georgia, so as to remove the provisions providing creditable service for certain members; and for other purposes.
SB 209. By Senator Minish of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson in the County of Jackson, so as to change the corporate limits of said city; and for other purposes.
SB 198. By Senators Wesberry of the 37th, Salome of the 36th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections; and for other purposes.
SB 199. By Senators Salome of the 36th, Thompson of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act to regulate primary elec tions in Georgia, in cities of 200,000 or more, by repealing Section 3 in reference to voting in Ward and district of residence of elector; and for other purposes.
SB 211. By Senator Minish of the 48th: A Bill to be entitled an Act to amend an Act incorporating the City
THURSDAY, MARCH 11, 1965
2171
of Commerce, so as to change the territory embraced within the First and Second Wards of said City; and for other purposes.
SB 216. By Senators Thompson of the 34th, Ward of the 39th, Johnson of the 38th and Wesberry of the 37th:
A Bill to be entitled an Act to amend an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide time and repayment terms for employees who elect to become reinstated in the pension system after re-employment; and for other purposes.
SR 84. By Senator Ballew of the 50th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Fannin County by the people; and for other purposes.
SR 90. By Senator Hall of the 52nd:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County; and for other purposes.
SR 96. By Sentaor Ballew of the 50th:
A Resolution to create an interim committee to study the feasibilty of establishing the old courthouse in White County as a historical monu ment or State park; and for other purposes.
SB 163. By Senator Thompson of the 34th:
A Bill to be entitled an Act to amend an Act known as the "Children and Youth Act", so as to provide for a provisional license; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and, pursuant to the Rules of the House, fixed the Calendar for Thursday, March 11, 1965, A.M., and submits the following:
SR 7. Home rule for counties (Postponed) SR 42. Powers of County government SR 43. Relating to County Commissioners
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JOURNAL OP THE HOUSE,
SB 55. State banks, capital notes SB 56. Department of Banking, salaries SB 63. Railroad Regulations SB 75. Georgia Election Code, Amend SB 82. Release of defendant SB 87. Secretary of State, service of process SB 91. Claims Advisory Board, notice SB 125. Dividends to stockholders SB 135. Guardianship, terminating SB 136. Mentally ill, hospitalization SB 139. Audits and accounts, duties SB 159. Public health laws SB 160. Cost in cases, Supreme Court The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted, Bolton of Spalding, Vice-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 follow ing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 184. Do Pass. Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Jordan of Calhoun County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the following
THURSDAY, MARCH 11, 1965
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Bill of the Senate, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 39. Do Pass. Respectfully submitted, Jordan of Calhoun, Chairman.
Mr. Harris, of DeKalb County, Vice-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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 110. Do Pass, by Substitute. SB 182. Do Pass. SB 218. Do Pass. SB 96. Do Pass, by Substitute. SR 69. Do Pass. SR 71. Do Pass.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa 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 Senate and has instructed as as Chairman, to report the same back to the House with the following recommendations:
SR 75. Do Pass. SB 183. Do Pass. SB 194. Do Pass. SB 200. Do Pass. SB 212. Do Pass.
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SB 213. Do Pass. SB 215. Do Pass.
Respectfully submitted, Tucker of Catoosa, 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 House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 253. Do Pass, as Amended. 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 and Resolutions of the House to wit:
HB 188. By Messrs. Byrd of Walton, Wells of Oconee and others:
A Bill to amend Code Sec. 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to make uniform the rates to be allowed to the publishers for publishing legal advertise ments in any and all counties of Georgia; and for other purposes.
HB 344. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to be entitled an Act entitled "The Georgia Public Assistance Act of 1965"; to authorize the Department of Family and Children Services to establish categories of assistance payments and services; and for other purposes.
HB 534. By Mr. Steis of Harris: A Bill to amend an Act relating to any fraudulent scheme, device, means
THURSDAY, MARCH 11, 1965
2175
or method to avoid payment of the lawful price, charge or toll for telephone or telegraph communications, so as to make it unlawful for any person to avoid or attempt to avoid telephone or telegraph charges by the use of any fraudulent device; and for other purposes.
HB 545. By Mr. Duncan of Pannin:
A Bill to abolish the present method of compensating the sheriff of Fannin County, known as the fee system; and for other purposes.
HB 575. By Mr. Lee of Clinch:
A Bill to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system; and for other purposes.
HB 578. By Mr. Rowland of Johnson: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioners; and for other purposes.
HB 579. By Mr. Rowland of Johnson: A Bill to amend an Act establishing the City Court of Wrightsville, so as to change the compensation of the Judge; and for other purposes.
HB 589. By Mr. Steis of Harris: A Bill to amend Code Chapter 26-27 relating to tools used in com mitting crimes, so as to prohibit any device or plans designed to conceal the existence of place of origin or destination of any telephone call or telegraph message, to provide for criminal penalties; and for other purposes.
HB 595. By Messrs. Caldwell and Page of Upson: A Bill to place the sheriff of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 598. By Mr. Brantley of Candler: A Bill to abolish the present mode of compensation for the shreiff of Candler County, known as the fee system; and for other purposes.
HB 602. By Mr. DeLoach of Echols: A Bill to amend an Act entitled "An Act to incorporate the Town of
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Statesville, in Echols County", so as to reincorporate the Town of Statesville as the City of Statenville; and for other purposes.
HB 603. By Mr. DeLoach of Echols:
A Bill to amend an Act entitled "An Act to incorporate the Town of Statesville, in Echols County", so as to change the corporate limits of said town; and for other purposes.
HB 604. By Mr. DeLoach of Echols:
A Bill to abolish the present mode of compensating the sheriff of Echols County, known as the fee system; and for other purposes.
HB 619. By Mr. Knight of Berrien: A Bill to amend an Act revising, consolidating and superseding the laws of this State, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes.
HB 624. By Mr. Rainey of Crisp: A Bill to amend an Act creating and establishing a new charter for the City of Cordele, so as to authorize the governing authority to convey any interest in real property owned by the city under certain circumstances; and for other purposes.
HB 627. By Mr. Dorminy of Ben Hill: A Bill to provide that the Sheriff of Ben Hill County, Georgia, shall be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 633. By Messrs. Hall of Lee and Busbee of Dougherty: A Bill to create a new charter for the City of Leesburg, so as to change the terms of office of the mayor and five councilmen elected for said City; and for other purposes.
HB 634. By Mr. Fulford of Terrell: A Bill to abolish the present method of compensating sheriffs in certain counties known as the fee system; and for other purposes.
HB 635. By Mr. McRae of Talbot: A Bill to amend an Act incorporating the City of Woodland, so as to
THURSDAY, MARCH 11, 1965
2177
provide for the closing of a certain street in said city; and for other purposes.
HB 637. By Mr. Lovett of Laurens:
A Bill to amend an Act incorporating the Town of East Dublin, so as to change the hours for which the polls shall remain open for municipal elections; and for other purposes.
HB 651. By Mr. Underwood of Taylor:
A Bill to abolish the present method of compensating the sheriff of Taylor County, known as the fee system; and for other purposes.
HR 21-27. By Messrs. Jordan, McDaniell and Duncan of Cobb:
A Resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes.
HR 102-133. By Mr. Knight of Berrien:
A Resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein; and for other purposes.
HR 105-133. By Mr. Houston of Pierce:
A Resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Author ity; and for other purposes.
HR 161-313. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other purposes.
HR 167-354. By Mr. Griffis of Cook:
A Resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 184-423. By Mr. Poss of Madison:
A Resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Authority; and for other purposes.
HR 24-43. By Messrs. Abney of Walker, Hale of Dade and others:
A Resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 141. By Messrs. Melton and Bolton of Spalding and others:
A Resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit:
HB 64. By Mr. Conner of Jeff Davis:
A Bill to amend Code Section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to authorize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House, to-wit:
HB 66. By Mr. Conner of Jeff Davis: A Bill to amend Code Section 56-803a, relating to licensing of and paying commissions to agents writing life and accident and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated in surance agencies either by contract with such incorporated agency, assignment, or other means; and for other purposes.
HB 124. By Mr. Busbee of Dougherty: A Bill to amend an Act creating the Peace Officers' Annuity and Bene-
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2179
fit Fund so as to prohibit certain members who take refunds from subsequently becoming members of the Fund; and for other purposes.
HB 374. By Mr. Dorminy of Ben Hill:
A Bill to amend Code Section 81-212, relating to the method of service for minors shall be the same for insane persons with certain exceptions; and for other purposes.
HB 378. By Mr. Brinkley of Muscogee:
A Bill to amend Code Sec. 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, so as to provide that an execution shall be entered or re-entered on the general execution docket on the same date as an entry on said execution or a written notice of public effort is entered; and for other purposes.
HB 452. By Mr. Brinkley of Muscogee:
A Bill to amend Code Section 92-7701, providing the time within which all State, county, city or other tax executions, before or after legal transfer and record, shall be enforced, so as to change the manner and time in which such executions may be enforced; and for other purposes.
HB 527. By Messrs. Clarke of Monroe, Smith of Lamar and others:
A Bill to amend an Act placing the solicitor-general of the Flint Ju dicial Circuit on a salary basis in lieu of a fee basis, so as to provide for contingent expense allowance for the solicitor-general of said Circuit to be paid by the counties composing said Circuit pro rata upon the basis of taxable property; and for other purposes.
HB 533. By Messrs. Shea of Chatham, Fulford of Terrell and others:
A Bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverage and Liquors", so as to provide that municipalities and counties shall have the authority to require an annual license fee; and for other purposes.
HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren and others:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or munici pality thereof, shall be distinctly painted, marked and lettered; and for other purposes.
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HB 67. By Mr. Conner of Jeff Davis:
A Bill to amend an Act revising, classifying, consolidating and super seding the previous laws relating to insurance, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 56 of the Code of Georgia of 1933; and for other purposes.
HB 130. By Mr. Bolton of Spalding: A Bill to amend Code Section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act; and for other purposes.
HB 131. By Mr. Bolton of Spalding: A Bill to amend Code Section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond; and for other purposes.
HB 232. By Messrs. McClelland and Brooks of Pulton: A Bill to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to provide for a refund of a deposited security; and for other purposes.
HB 393. By Messrs. Holder of Dodge, Smith of Telfair and others: A Bill to amend an Act placing the Solicitor General of the Oconee Judicial Circuit on a salary basis, so as to change the compensation of the Solicitor-General; and for other purposes.
HB 497. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to designate the Georgia Institute of Technology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; and for other purposes.
HB 618. By Messrs. Brooks and McClelland of Fulton:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; and for other purposes.
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HB 646. By Messrs. Pope and Coker of Cherokee:
A Bill to amend Section 84-1031 of the Code of Georgia to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; 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:
SB 183. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 194. By Senators Coggin of the 35th, Thompson of the 34th and others:
A Bill to be entitled an Act to amend an Act authorizing the Com missioners of Roads and Revenues of Pulton County to provide group insurance for all regular County 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 200. By Senator Hall of the 52nd:
A Bill to be entitled an Act to abolish the office of treasurer of Floyd County, to provide for the transfer of the duties of said office to the governing authority of Floyd 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 212. By Senator Hall of the 52nd:
A Bill to be entitled an Act to amend an Act creating the City Court of Floyd County, so as to change the compensation of the judge, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 213. By Senator Hall of the 52nd: A Bill to be entitled an Act to amend an Act fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 215. By Senators Maclntyre of the 40th, 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 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 115, nays 0.
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The Bill, having received the requisite constitutional majority, was passed.
SR 75. By Spinks of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize Tift County to levy a tax not exceeding two mills on all of the taxable prop erty in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; to provide that the governing authorities of said county shall turn over said funds to the Tift County Development Authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"Tift County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county, for the purposes of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes. The governing authority of said county shall turn over the funds derived from the levy and collection of the taxes herein provided for to the Tift County Development Authority to be used to encourage and promote the expansion of industry, agriculture, trade and commerce in Tift County in accordance with the powers and purposes of the Tift County Development Authority. The provisions of this amendment are self-executing to the extent that no action on the part of the General Assembly of Georgia shall be necessary to effectuate the purposes of this amendment and the powers herein conveyed upon the governing authority of Tift County may be exercised immedi ately upon the ratification of this amendment."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize Tift County to levy a tax not to exceed two mills for
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NO ( ) the purposes of creating a fund to be used by the Tift County Development Authority to encourage the expansion of industry, agriculture, trade and com merce in Tift County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brinkley Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe
Dailey Dean DeLoach Dickinson Dixon Dorminy Doster Duncan, V. W. Etheridge Evans Farrar Floyd Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder
Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Lane Lee, F. S. Lee, W. J. (Bill)
Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R.
Mauldin McDaniel McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Newton, A. S. Odom Oglesby Otwell Overby Page Parker Perry Peterson Phillips, L. L. Pope
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Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes
Spillers Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells, D. H. White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Alien Anderson Bagby Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Clark, J. T. Colwell Conger Conner Davis DeVane Dollar Duncan, A. C.
Dunwody Flynt Griffin Hall Houston Hudgins Jones, G. Paul Kelly Knight, W. D. Laite Lambert Lee, G. B. Leonard Looper Mauney McClelland McCracken Mitchell Moate Murphy
NeSmith, J. D. Nessmith, P. Newton, D. L. Pafford Paris Phillips, C. S. Pickard Poss Rainey Reaves Rhodes Shuman Simmons Smith, A. B. Smith, G. L. II Stalnaker Tucker, J. B. Underwood Wilson Mr. Speaker
On the adoption of the Resolution, the ayes were 144, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
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JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and adopted:
HE 277. By Messrs. Phillips of Treutlen, Knight of Laurens, and others:
A RESOLUTION
Congratulating Honorable W. Herschel Lovett; and for other purposes.
WHEREAS, Honorable W. Herschel Lovett is today celebrating his 78th birthday; and
WHEREAS, he has represented Laurens County in the General Assembly for over twenty years as a member of both the Senate and the House of Representatives; and
WHEREAS, he has been active in politics for over thirty years and has served as mayor of the City of Dublin and as a member of the Sixth District Congressional Executive Committee (now First Congres sional District), in addition to his service in the General Assembly; and
WHEREAS, he is a successful farmer, lumberman, banker, and merchant; and
WHEREAS, Mr. Lovett is active in the civic and fraternal organiza tions in the Dublin and Laurens County area; and
WHEREAS, during his long years of public service, the gentleman from Laurens has sponsored many pieces of legislation of lasting benefit; and
WHEREAS, all the members of this body consider it a distinct pleasure to have served in this honorable institution with him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex press their heartiest congratulations to Honorable W. Herschel Lovett on this, his birthday, and many more years of public service in this body are wished for him.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable W. Herschel Lovett, Representative, Laurens County.
HR 279. By Messrs. Strickland of Evans and Vaughn of Rockdale:
A RESOLUTION
Congratulating Honorable Fred Jones; and for other purposes.
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2187
WHEREAS, Honorable Fred Jones, the distinguished and able Representative from Lumpkin County, is celebrating his forty-fourth birthday today; and
WHEREAS, the gentleman from Lumpkin is one of the most popu lar and able members of this distinguished body; and
WHEREAS, it is the desire of each and every member of this House of Representatives to extend its hearty congratulations to Hon orable Fred Jones on this, his forty-fourth birthday.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its heartiest congratulations to Honorable Fred Jones on this, his forty-fourth birth day, and does hereby wish for him many happy returns of the day.
The following Resolution of the House was read:
HR 278. By Mr. Underwood of Taylor:
A RESOLUTION
Relative to expenses of members of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the total compensation, per diem, expenses and allowances for mem bers of the House of Representatives for the 1965 session shall be the same compensation, per diem, expenses and allowances authorized for members of the House for the 1964 session, plus an additional amount of $15.00 per day for extra expense allowance.
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 Arnsdorff Bowen, R. L. Brinkley Clark, J. T. Davis DeVane Fulford Griffis Houston Hudgins Jones, C. M.
Knight, D. W. Leonard Lewis, P. B. Looper McRae Moses NeSmith, J. D. Perry Poss Rainey Rhodes Rogers, Jimmie
Rowland Russell Simpson Singer Smith, A. B. Snow Steis Thomas Tucker, J. B. Underwood Wilson Woodward
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JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Bagby Balkcom Ballard Barber Beck Bedgood Blalock Bowen, J. O. Brackin Branch Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Conger Crowe Dailey Dean Dickinson Dollar Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Parrar Ployd Gary Grahl
Hale Harrell Harrington Harris, J. P. Harris, J. R. Harris, R. W. Henderson Holder Howell Hutchinson Irvin Jessup Johnson B. Jones, P. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Laite Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lovett Lowry Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie Melton Milhollin Minge Mixon Moore, Don C.
Moore, J, H. Newton, D. L. Odom Oglesby Otwell Overby Page Pope Potts Reid Richardson Ross Rush Savage Sewell Shea Simkins Smith, G. L., II Smith, J. R. Smith, V. T. Spikes Spillers Story Strickland Sweat Tabb Thomason Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acree Alien Anderson
Black Blair Bolton Brantley Brown, Gene Colwell Conner DeLoach
Dixon Doster Evans Flynt Griffin Hall Herndon Hull Johnson, Dr. A. S. Kelly Knight, W. D.
Lane Lee, G. B. McClelland McCracken Merritt Mitchell Moate Murphy Nessmith, P. Newton, A. S. Pafford
Paris Parker Peterson Phillips, G. S. Phillips, L. L. Pickard Reaves
THURSDAY, MARCH 11, 1965
2189
Roberts Rodgers, H. B. Roper Shuman Simmons Smith, Chas. C. Smith, E. B., Jr.
Stalnaker Tidwell Walker White Mr. Speaker
On the adoption of the Resolution, the ayes were 36, nays 116.
The Resolution was lost.
Messrs. Roberts of Jones, Brown of Bacon and Conner of Jeff Davis stated that they would like to be recorded as voting "Nay".
Mr. Poss of Madison stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay".
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 420. By Messrs. Herndon of Appling, Thomas of Wayne and others:
A Bill to be entitled an Act to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit, and for other purposes.
The following Senate amendment was read:
Senator Gayner of the 5th moves to amend HB 420 by adding in Section 4 between the words "reduced" and "by" the words "propor tionately between the counties."
Mr. Harris of Glynn moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 420.
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HB 505. By Messrs. Sweat and Dixon of Ware:
A Bill to be entitled an Act to amend an Act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, and Clerk of the Superior Court, the Ordinary, the Tax Collector, and Tax Receiver of Ware County on a salary system, so as to change the provisions relative to the employment of personnel, and for other purposes.
The following Senate amendment was read:
The Committee on C. & M. moves to amend HB 505 as follows: By striking from the first sentence of the quoted Section 10 as the same appears in Section 1 of said Bill the following:
", as amended".
Mr. Sweat of Ware moved that the House agree to the Senate amendment.
On the motion to agree to the Senate amendment, the ayes were 117, nays 0. The House has agreed to the Senate amendmnt to HB 505.
HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act incorporating the Town of Austell, so as to increase the corporate limits of said City, and for other purposes.
The following Senate amendment was read:
The Committee on C. & M. moves to amend HB 465 as follows:
By inserting in the title immediately following the phrase "so as to increase the corporate limits of said City" the following: "to provide that the recorder of the recorder's court shall be an active member in good standing of the State Bar of Georgia; to provide for an effective date;".
By adding at the end of quoted Section 3-J of Section 1, the fol lowing:
"Tract No. 8. All that tract or parcel of land lying and being
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2191
in Land Lot 30 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"BEGINNING at the southeast corner of Land Lot 30; running thence north 89 degrees and 41 minutes west a distance of 1,286.3 feet; running thence north 10 degrees and 11 minutes east a dis tance of 1,364.2 feet; running thence south 88 degrees and 15 min utes east a distance of 1,063.9 feet; running thence south 0 degrees and 47 minutes west a distance of 1,318.4 feet to the southeast corner of Land Lot 30 at the point of beginning; excepting, how ever, that portion of the above described property which presently lies within the city limits of the City of Austell, Georgia."
By renumbering Sections 2, 3 and 4 as Sections 3, 4 and 6 re spectively.
By adding a new Section to be designated Section 2 to read as follows:
"Section 2. Said Act is further amended by adding a new sentence at the end of Section 20 to read as follows: 'Said recorder shall be an active member in good standing of the State Bar of Georgia'., so that when so amended Section 20 shall read as follows:
'Section 20. Be it further enacted, that the city council shall annually, at their first meeting, elect a recorder, who shall be exofficio J. P., and he shall preside in the recorder's court, and shall perform such duties as the city council may prescribe by ordinance, rule, or otherwise; the salary of said recorder to be fixed by the mayor and council at the time of his election. Said recorder shall be an active member in good standing of the State Bar of Georgia.' "
By adding a new section to be designated Section 5 to read as follows:
"Section 5. The provisions of this Act shall become effective immediately upon its approval by the Governor or its otherwise becoming law except Section 2 which shall become effective on January 1, 1966."
Mr. Duncan of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 465.
HB 448. By Mr. McDaniell of Cobb: A Bill to be entitled an Act to amend an Act creating a new charter
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for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected, and for other purposes.
The following Senate amendment was read:
The Committee on C. & M. moves to amend HB 448 as follows:
By inserting in the title immediately after the phrase "so as to permit the recorder of the City of Smyrna to sentence traffic offenders to the City Traffic School" the following: "to provide that the re corder of the recorder's court shall be an active member in good standing of the State Bar of Georgia; to provide for an effective date;".
By striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Said Act is further amended by striking Section 35 in its entirety and substituting in lieu thereof a new Section 35 to read as follows:
'Section 35. Be it further enacted, that there is hereby created a recorder's court for the trial of all offenders against the laws and ordinances of said city. Said court shall be presided over by a recorder. Said recorder shall be an active member in good stand ing of the State Bar of Georgia. Said court shall have the power to preserve order, compel the attendance of witnesses compel the production of books and papers to be used as evidence, to punish for contempt, and to exercise all the powers incidental to a police court. Said Court shall have the power to punish violations of this Charter, or of any ordinance of said city, by a fine not to ex ceed two hundred dollars, by imprisonment in the city jail not to exceed ninety days, compelling attendance at the City Traffic School, and to punish for contempt for failure to attend, 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 recorder's court. The fines imposed under this section may be col lected by execution against the defendant and against his prop erty.' "
By renumbering Sections 7 and 8 as Sections 8 and 9 respectively and inserting a new Section 7 to read as follows:
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"Section 7. The provisions of this Act shall become effective immediately upon its approval by the Governor or its otherwise becoming law except that portion of Section 4 stating that the re corder shall be an active member in good standing of the State Bar of Georgia which shall become effective on January 1, 1966."
Mr. McDaniell of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 448.
HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide compensation to the Mayor and City Council for attendance at such additional meetings, and for other purposes.
The following Senate amendment was read:
The Committee on C. & M. moves to amend HB 392 as follows:
By inserting in the title immediately before the phrase "to repeal conflicting laws" the following:
"to provide that the recorder of the recorder's court shall be an active member in good standing of the State Bar of Georgia; to provide for an effective date;".
By renumbering Section 4 as Section 6.
By adding a new Section to be designate as Section 4 to read as follows:
"Section 4. Said Act is further amended by adding a new sentence immediately after the first sentence of Section 22 (a) to read as follows: 'Said recorder shall be an active member in good standing of the State Bar of Georgia', so that when so amended Section 22(a) shall read as follows:
'Section 22(a). The mayor and council shall appoint someone either resident or non-resident of the City of Kennesaw to act as recorder of the recorder's court, and shall fix the term of office and compensation of the recorder. Said recorder shall be an active member in good standing of the State Bar of Georgia. In
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the absence or disqualification of the recorder, the mayor shall pre side over the recorder's court and shall be clothed with all the duties, powers and authority of the recorder which are provided by law. In the absence or disqualifications of both the recorder and the mayor, the mayor pro tern, shall preside over the recorder's court, and shall be clothed with all the duties, powers and authority of the recorder which are provided by law.' "
By adding a new section to be designated as Section 5 to read as follows:
"Section 5. The provisions of this Act shall become effective immediately upon its approval by the Governor or its otherwise be coming law except Section 4 which shall become effective on Jan uary 1, 1966."
Mr. Duncan of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 392.
HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb:
A Bill to be entitled an Act to amend an Act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person, and for other purposes.
The following Senate amendment was read:
The Committee on C. & M. moves to amend HB 286 as follows:
By striking from Section 1, wherever the same shall appear, the following:
"involving a principal amount in excess of $5,000.00, and ex cept cases involving injury",
and substituting in lieu thereof the following:
"in which the total amount sued for in the petition, including damages to property shall exceed $5,000.00, and except in cases in volving injury".
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Mr. Duncan of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 286.
HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said City, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. Laws 1904, p. 519), as heretofore amended so as to change the corporate limits of said city; to provide for the salary of the city councilmen; to provide for four year terms for the mayor and members of council; to provide for additional rules and regulations for employees under Civil Service; to provide for the payment from the treasury of the City of Marietta premiums on hospital and life insurance for city employees; to authorize the mayor and council of the City of Marietta, Georgia to provide a pension and retirement system for all of the employees of the City of Marietta, Georgia and the Board of Lights and Waterworks of the City of Marietta, Georgia; 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 new charter for the City of Marietta, in the County of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other pur poses.", approved August 15, 1904 (Ga. Laws 1904, p. 519), as amended, is hereby amended by adding between section 2C and section 3 a new section to be numbered section 2D and to read as follows:
"Section 2D. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following parcels of land shall be included within the corporate limits of said city:
"Parcel No. 1. All that tract or parcel of land lying or being in Land Lots 140, 141 and 17 of the 17th District, 2nd. Section,
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Cobb County, Georgia, and being more particularly described as follows:
"Beginning at the intersection of the easterly right-of-way of Hickory Drive within the north right-of-way of Powder Springs Road; running thence northerly along the easterly right-of-way line of Hickory Drive for a distance of 320 feet; running thence north 67 degrees 50 minutes east for a distance of 81 feet; running thence south 27 degrees 10 minutes east for a distance of 286 feet to a point on the north right-of-way line of Powder Springs Road; running thence southeasterly and crossing Powder Springs Road for a distance of 100 feet to the south right-of-way line Powder Springs Road; running thence southwesterly along the south rightof-way line of Powder Springs Road for a distance of 1720 feet; running thence northwesterly for a distance of 100 feet to the north right-of-way of Powder Springs Road; running thence northeasterly along the north right-of-way line of Powder Springs Road for a distance of 1533.1 feet to the intersection of the west erly right-of-way line of Hickory Drive with the northwesterly right-of-way line of Powder Springs Road; running thence north easterly and crossing Hickory Drive to the intersection of the easterly right-of-way line of Hickory Drive and the northeasterly right-of-way line of Powder Springs Road, and the point of be ginning.
"Parcel No. 2. All that tract or parcel of land lying and being in Land Lots 147 and 214, 17th District, 2nd. Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at a point on the northwesterly right-of-way line of Powder Springs Street 90 feet northeasterly of the intersection of the northeasterly side of the south fairground entrance road and the northwesterly right-of-way line of Powder Springs Street; said beginning point is also on the present city limit line of Marietta, Georgia; running thence north 43 degrees 0 minutes west for a distance of 200 feet to a point; running thence south 47 degrees 15 minutes west for a distance of 90 feet to a point on the north easterly side of the south fairground entrance road; running thence northwesterly along the northeasterly side of the south fairground entrance road for a distance of 82.3 feet to a point; running thence north 78 degrees 54 minutes west for a distance of 264.3 feet to a point on the property line of the Cobb County Fair Association property; running thence northeasterly along the property line of the Cobb County Fair Association property for a distance of 553.4 feet to a point on the south side of the north fairground entrance road; running thence easterly along the south side of the north fairground entrance road for a distance of 712.3 feet to a point 150 feet west of the northwesterly right-of-way line of Powder Springs Street as measured along the south side of the north fairground entrance road; running thence south 39 degrees 0 minutes west for a distance of 118 feet to a point; run ning thence south 52 degrees 30 minutes east for a distance of 150 feet to a point on the northwesterly right-of-way line of Powder Springs Street; running thence southwesterly along the northwest-
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erly right-of-way line of Powder Springs Street for a distance of 726.2 feet to the point of beginning.
"Parcel No. 3. All that tract or parcel of land lying and being in Land Lots 77, 78, 139 and 140 of the 17th District 2nd. Section, Cobb County, Georgia and being more particularly described as follows:
"Beginning at a point on the southwesterly right-of-way line of Oregon Trail 200.8 feet southeasterly of the intersection of the southwesterly right-of-way line of Oregon Trail and the south easterly right-of-way line of Georgia Highway No. 5, as measured along the southwesterly right-of-way line of Oregon Trail; said beginning point is also on the present city limit line of Marietta,
Georgia; running thence south 31 degrees 10 minutes east along said present city limit and southwesterly right-of-way of Oregon Trail for a distance of 16.3 feet to a point; running thence south 30 degrees 41 minutes east along the present city limit line and southwesterly right-of-way line of Oregon Trail for a distance of 176 feet to a point; running thence south 23 degrees 41 minutes east along said present city limit line for a distance of 181.6 feet to a point; running thence south 23 degrees 37 minutes east along the present city limit line for a distance of 1600.8 feet to a point on the south lot line of land lot 139; running thence westerly along the south lot line of land lot 139 for a distance of approxi mately 606 feet to the southwest corner of land lot 139; said land lot corner is also a point on the present city limit line of Marietta, Georgia; running thence northwesterly along the present city limit line for a distance of approximately 1525 feet to a point; running thence northeasterly along the present city limit line of Marietta,
Georgia, which is 300 feet southwesterly of and parallel to the southwesterly right-of-way of State Highway No. 5 for a distance of approximately 120 feet to a point; running thence northwesterly at right angles to the previous course, and along the present city limit line for a distance of 100 feet to a point; running thence northeasterly along the present city line which is 200 feet south easterly of the parellel to the southeasterly right-of-way of State Highway No. 5; for a distance of approximately 450 feet to a point on the southwesterly right-of-way line of Oregon Trail and the point of beginning.
"Parcel No. 4. All that tract or parcel of land lying and being in Land Lot 146, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at the northwest corner of land lot 146, said corner being located on the present city limit line; thence running along the present city limit line and north land lot line of land lot 146 in an easterly direction 251 feet more or less to a point; said point being located at the intersection of the north land lot line of land lot 146 and the original one mile radius city limit line; thence running in a southeasterly direction along the original one mile radius city limit line to a point where the original one mile radius city limit line intersects the east land lot line of land lot 146;
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thence running south 0 degrees 14 minutes east along the east land lot line of land lot 146, 511 feet more or less to the southeast corner of land lot 146; thence running south 89 degrees 50 minutes west along the south line of land lot 146 for a distance of 1127.5 feet to a point; thence running north 0 degrees 08 minutes west a distance of 265.7 feet to a point; thence running north 88 degrees 44 minutes west for a distance of 227.2 to a point on the west land lot line of land lot 146; thence running in a northerly direction along the west land lot line of land lot 146 to the northwest corner of land lot 146 and the point of beginning.
"Parcel No. 5. All that tract or parcel of land lying and being in Land Lots 1000 and 1001, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"beginning at a point located at the intersection of the center
line of the L. and N. Industrial Park Spur Track and the north west right-of-way of Industrial Park Drive; thence running in a northeasterly direction along the northwest right-of-way of Industrial Park Drive to a point where Industrial Park Drive turns in a southeasterly direction; thence running southeasterly along the northeasterly right-of-way of Industrial Park Drive a distance of approximately 1255 feet to a point where the present city limit line of Marietta, Georgia intersects the northeast rightof-way line of Industrial Park Drive; thence running in a south westerly direction along said present city limit line of Marietta, Georgia and crossing Industrial Park Drive to the southwesterly right-of-way line of Industrial Park Drive; thence running in a northwesterly direction along the southwesterly right-of-way of Industrial Park Drive to a point; said point being located 225 feet southeasterly of the point where Industrial Park Drive turns in a southwesterly direction; thence southwesterly for a distance of 335 feet to a point; said point being located 475 feet southeasterly from the intersection of the center line of the L. and N. Spur Track and the southeast right-of-way of Industrial Park Drive; thence running northeasterly along the center line of the L. and N. Spur Track for a distance of approximately 526 feet to a point on the northwesterly right-of-way line of Industrial Park Drive and the point of beginning.
"Parcel No. 6. All that tract or parcel of land lying and being in Land Lots 1239 and 1240, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the northwesterly right-of-way line of Wylie Drive and the present city limit line of Marietta, Georgia; said beginning point is 250 feet southwest of the intersection of the southwest right-of-way of Powers Ferry Road and the northwest right-of-way of Wylie Drive; running thence southwesterly along the northwesterly right-of-way line of Wylie Drive for a distance of 245.5 feet to a point; running thence north 33 degrees 24 minutes west for a distance of 179 feet to a point; running thence north 56 degrees 08 minutes east for a distance of 152 feet to a point on the present city limit line of Marietta, Georgia; running thence south 70 degrees 8 minutes east, along said present city limit line,
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for a distance of 58 feet to a point; running thence south 57 de grees 54 minutes east along said present city limit line for a distance of 142 feet to a point on the northwest right-of-way of Wylie Drive and the point of beginning.
"Parcel No. 7. All that tract or parcel of land lying and being in Land Lot 1153, 16th District, 2nd Section, Cobb County, Georgia and being more particularly dese-ribed as follows:
"Beginning at a point at the intersection of the west right-ofway line of Mountain View Road and the north right-of-way line
of Mountain View Ridge Road, said point being located on the present city limit line of Marietta, Georgia; thence running in a westerly direction along the north right-of-way line of Mountain
View Ridge Road and said present city limit line of Marietta, Georgia for a distance of approximately 338 feet to a point where Mountain View Ridge Eoad makes a bend in a northerly direction; thence continuing in a straight line and crossing Mountain View Ridge Road to a point on the west right-of-way line of Mountain View Ridge Road; thence running along the west right-of-way line of Mountain View Ridge Road in a northerly direction for a dis tance of 187 feet to a point; thence running in a easterly direction
crossing Mountain View Ridge Road to a point where the present city limit line of Marietta, Georgia intersects the east right-ofway line of Mountain View Ridge Road; thence running along the present city limit line of Marietta, Georgia in an easterly direction for a distnace of 325 feet to a point on the west rightof-way line of Mountain View Road and present city limit line of Marietta, Georgia; thence running in a southerly direction along the present city limit line and the west right-of-way line of Mountain View Road for a distance of 187 feet to a point and the point of beginning.
"Parcel No. 8. All that tract or parcel of land lying and being in Land Lot 1014, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at a point on the present city limit line of Marietta, Georgia, 84.7 feet east of the intersection of the north right-of-way line of Tower Road and the east right-of-way line of White Street; thence running west along the present city limit line of Marietta, Georgia and the north right-of-way of Tower Road to the inter section of the north right-of-way line of Tower Road and the east right-of-way line of White Street; thence in a northerly di rection along the east right-of-way line of White Street to the intersection of the east right-of-way line of White Street and the south right-of-way line of Florence Street; running thence in a northeasterly direction along the south right-of-way of Florence Street to the intersection of the south right-of-way line of Florence Street and the west right-of-way line of Campell Hill Street; thence running in a southerly direction along the west right-ofway of Campbell Hill Street for a distance of approximately 375 feet to the point where the present city limit line of Marietta, Georgia intersects the west right-of-way of Campbell Hill Street;
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thence running westerly along the present city limit line of Mari etta, Georgia, for a distance of approximately 600 feet to a point; thence running in a southerly direction along the present city limit line of Marietta, Georgia, for a distance of approximately 425 feet to a point on the north right-of-way line of Tower Road and the point of beginning.
"Parcel No. 9. All that tract or parcel of land lying and being in Land Lot 41, 19th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at the southwest corner of Land Lot 34, said corner is also on the present city limit line; running thence easterly along the south land lot of land lot 34 and the present city limit line for a distance of 664.2 feet to a point; running thence south 0 degrees 23 minutes East for a distnace of 1367.7 feet to a point on the south lot line of land lot 41; running thence north 88 degrees 38 minutes west along the south lot line of land lot 41 for a dis tance of 653.9 feet to the southwest corner of land lot 41; running thence north 0 degrees 03 minutes west along the west lot line of land lot 41 for a distance of 1355.8 feet to the northwest corner of land lot 41 and the point of beginning.
"Parcel No. 10. All that tract or parcel of land lying and being in land lots 1150 and 1155 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at the Northwest corner of land lot 1150 on the present city limit line of Marietta, Georgia; running thence Souther ly along the west lot lines of land lots 1150 and 1155 to the south right-of-way of Stewart Avenue and the present city limit line of Marietta, Georgia; running thence easterly along the south rightof-way of Stewart Avenue and the present city limit line of Marietta, Georgia, to the east lot line of land lot 1155; running thence northerly along the east lot lines of land lots 1155 and 1150 and said present city limit line to the northeast corner of land lot 1150; running thence Westerly along the north lot line of land lot 1150 and said present city limit line to the northwest corner of land lot 1150 point of beginning.
"Parcel No. 11. All that tract or parcel of land lying and be ing in land lot 573, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at a point on the western right-of-way line of the U. S. 41 Pour Lane Highway, said beginning point is 144.0 feet north of the south lot line of land lot 573 as measured along the western right-of-way line of the U. S. 41 Four Lane Highway; running thence south 75 degrees 0 minutes west for a distance of 364.5 feet to a point on the present city limit line of Marietta, Georgia; running thence north 26 degrees 15 minutes west, along said present city limit line, for a distance of 200 feet to a point;
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running thence north 76 degrees 0 minutes east for a distance of 369 feet to a point on the western right-of-way line of the U. S. 41 Four Lane Highway; running thence south 24 degrees 55 minutes east, along the western right-of-way of the U. S. 41 Four Lane Highway, for a distance of 200.0 feet to the point of beginning."
Section 2. Said Act is further amended by striking section 3 (Ga. Laws 1962, p. 2110, 2116), as amended, in its entirety and inserting in lieu thereof a new section 3 to read as follows:
"Section 3. The present mayor and councilmen of the City of Marietta shall continue in office during the terms for which they were elected, and on the second Wednesday in October, 1965, and every four years on said day thereafter an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. The polls at the city hall shall be opened at 7:00 a.m. and shall be kept open until 7:00 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, subject to the run-off provisions hereinafter set forth for councilmen who do not receive a majority of the votes in their respective wards, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of city council on the book of minutes, or other book kept for such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as pro vided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of four years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. In order to be eligible to serve as mayor or as a member of council a person must be a freeholder of the city."
Section 3. Said Act, as amended, is hereby further amended by striking from section 28 of an amendatory Act thereof of 1959 (Ga. Laws 1959, p. 2111, 2151), the following: "January 1, 1960" and insert ing in lieu thereof the following: "January 1, 1965" and by striking the following: "Twelve hundred dollars (1,200.00)" and inserting in
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lieu thereof the following "Twenty-four hundred dollars (2,400.00)" so that as amended said section shall read as follows:
"Section 28. In addition to the salary, or compensation as now provided for in and by the charter of the City of Marietta for the councilmen for 'council meetings', each councilman shall receive from and after January 1, 1966, for attending council-committee meetings and for his expenses in attending to city business affairs such sum, when added to the total salary as now authorized by the charter for 'council meetings' shall equal but not exceed the com bined sum of twenty-four hundred ($2,400.00) dollars per year, and such combined, or total, sum may be paid in equal installments, monthly. Until January 1, 1966 the said councilmen shall continue to receive their present compensation not exceeding twelve hundred (1,200.00) dollars per year."
Section 4. Said Act is further amended by striking section 9 (Ga. Laws 1959, p. 2111, section 9) in its entirety and substituting in lieu thereof the following:
"Section 9. The Civil Service Board shall make rules and regulations to carry out the purpose of this Act, and for exami nations, appointments and removals in accordance with its pro visions, and the board may, from time to time, make such changes in such rules. The chiefs of the fire and police departments, respec tively, shall, from the membership of their departments, recommend for promotion such persons as the occasion may call for to fill any vacancy or vacancies that may occur in said departments and all such vacancies shall be filled and promotions shall be made by the Civil Service Board, and any person promoted shall serve a probationary period of twelve (12) months during which time he may be demoted to his former position without a trial by the chiefs of the fire and police departments, respectively. Said board shall make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments shall have authority to demote any member of their respective departments by and with the consent and approval of the Civil Service Board; provided, however, that upon written demand filed with the Civil Service Board within five days from the date of the order of demotion the person proposed to be demoted shall be given a public hearing by the Civil Service Board before any order of demotion shall be final. The chiefs of the fire and police departments shall have the authority to suspend without pay any member of their respective departments upon cause for periods not to exceed 15 days without a hearing by the Civil Service Board. Suspensions for periods in excess of 15 days shall be given pending hearing by the Civil Service Board. In the event there is a reduction in the number of firemen or policemen employed by the City of Marietta (such number is to be fixed by the mayor and council of the City of Marietta), the men last employed shall be the first to be dropped, and so on in succession."
Section 5. Said Act is further amended by striking section 27
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(Ga. Laws 1959, p. 2141, 2111, 2147) in its entirety and substituting a new paragraph 27 to read as follows:
"Section 27. The Civil Service Board shall, within ninety (90) days from their appointment, adopt and have printed such rules and regulations for the government of the fire and police depart ments, in accordance with the provisions of this Act, as they may deem necessary. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weight, heights, and other physi cal requirements of all applicants. All such rules, regulations and qualifications shall be subject to approval by the mayor and council of the City of Marietta and shall only be effective on and after the date of such approval.
"The power of the Civil Service Board is hereby limited to the power expressly conferred by the charter of the City of Marietta, as amended, and said board nor any of its members have any power or authority to give instructions to any members of any department under its jurisdiction with reference to the performance of their duties and the authority of said board is restricted to the specific provisions of this charter."
Section 6. Said Act is further amended by inserting a new para graph 12A to follow paragraph 12 of Ga. Laws 1959, p. 2111, 2142, said new paragraph 12A to read as follows:
"Section 12A. Applications for reemployment shall be restrict ed to fire and police personnel who have four or more years ac cumulated service, without an entrance examination, and these applications shall be filed in writing with the Civil Service Board, and the prerequisites for consideration for employment are:
1. (a) The applicant shall not have been away from the re spective department in excess of twelve months.
(b) The applicant shall have left the service in good stand ing.
(c) The respective chief must recommend that the applicant be reemployed.
(d) The applicant shall pass a physical examination.
(e) No one convicted of a felony can be reinstated.
2. Upon application for reemployment, and having met the prerequisites listed above, the person shall be placed on the current eligibility list with a numerical value score equal to the third highest man on the eligibility list.
3. Any person reemployed by the fire or police department
2204
JOURNAL OF THE HOUSE,
shall be employed as a Grade 16, Step 4, Fireman or Patrol man.
4. Seniority begins as of the date of reemployment.
5. Seniority for pension purposes may be regained in accordance with the Pension Fund Law.
6. Persons reemployed shall serve a probationary period of twelve months and may be removed from the department during such probationary period in accordance with the Civil Service provisions relating to probationers."
Section 7. Said Act is further amended by striking Section 23 (Ga. Laws 1959, p. 2111, 2146) therefrom in its entirety and inserting in lieu thereof a new Section 23 to read as follows:
"Section 23. Any member of the fire or police departments, by appointment under the Civil Service rules who shall wilfully, or through culpable negligence violate any provisions of this Act, or any criminal statute of this State, or such ordinances of this city, or the rules of said Civil Service Board or of said fire or police de partments shall be dismissed from the services of the city, as hereinbefore provided."
Section 8. Said Act is further amended and more particularly an Act approved February 4, 1949 (Ga. Laws 1949, p. 238) by the addition following Section IK thereof of three new sections to be known as Sections 1L, 1M, and IN which shall read as follows:
"Section 1L. The governing authority of the City of Marietta, Georgia, is hereby authorized to create an employees' pension fund for all employees of the City of Marietta and the Board of Lights and Water Works of Marietta and to provide for the participation and payment of employees into such fund and to fix and prescribe rules and regulations governing retirement and to provide for contribution to such fund from the City treasury and the treasury of the Board of Lights and Water Works provided, however, that payments into such fund from the treasury of the Board of Lights and Water Works shall be governed by its board.
"Section 1M. Be it further provided that those employees now covered under the provisions of the policemen and firemen's pension fund may elect to come under the provisions of the employees' pension fund herein created, said election to be held on May 14, 1965. In the event said election does carry, the officers of the police
men and firemen's pension fund are hereby authorized to pay into the employees' pension fund such sums as have been accrued in the policemen's and firemen's pension fund, except for the members contributions with interest earned thereon. Said members contri butions may be returned to the members.
THURSDAY, MARCH 11, 1965
2205
"Section IN. Be it further provided that the governing author ity of the City of Marietta may cause to be paid from the treasury of the City of Marietta payments of premiums of life insurance and hospitalization insurance for any or all of the employees of the City of Marietta and is hereby authorized to pay such premium in whole or in part. The Board of Lights and Water Works is hereby authorized to pay from its treasury premiums of life and hospitali zation insurance for any or all of its employees."
Section 9. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Duncan of Cobb moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate substitute to HB 499.
HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to es tablish a retirement system for aged and incapacitated teachers, so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age 63 years, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Mem bership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its af fairs; to provide for the management of the funds of said system; to provide a method of financing said systems; to repeal conflicting laws; and for other purposes.", approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved January 26, 1950 (Ga. Laws 1950, p. 32), an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), an Act approved February 26, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 238), an Act approved March 2, 1953 (Ga. Laws 1953,
2206
JOURNAL OF THE HOUSE,
Jan.-Feb. Sess., p. 373), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. Laws 1956, p. 400), an Act approved March 25, 1958 (Ga. Laws 1958, p. 690), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 392), so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age of 63 years; to provide for a limitation of the total State contribution to said system; to provide the procedure relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act entitled "An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Mem bership in said system; to provide for a Board of Trustees of said sys tem and for the administration of its affairs; to provide for the man agement of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.", ap proved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved January 26, 1950 (Ga. Laws 1950, p. 32), an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), an Act approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 238), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 373), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. Laws 1956, p. 400), an Act approved March 25, 1958 (Ga. Laws 1958, p. 690), and an Act approved April 5, 1961 (Ga. Laws 1961, p. 392), is hereby amended by striking from Section 5 (2) (c) the figure "65" wherever the same appears therein and inserting in lieu thereof the figure "63", so that when so amended Section 5 (2) (c) shall read as follows:
"(c) In the case of the retirement of any member prior to his attainment of the age of 63 years, the service allowance above de scribed shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 63 years. The aforesaid reduction shall not apply in caculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 8.29% of teachers' salaries."
SECTION 2
No funds shall be expended or paid under the provisions of Section 1 of this Act until such time as House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of $5.00 for each year of service up to 40 years for those members of the Teachers' Retirement System who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount.
THURSDAY, MARCH 11, 1965
2207
SECTION 3
This Act shall become effective July 1, 1965.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby re pealed.
Mr. Barber of Jackson 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 Alien Arnsdorff Balkcom Ballard Barber Beck Bedgood Bowen, J. 0. Branch Brown, Gene Busbee Bynum Byrd Caldwell Clark, J. T. Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Dailey Dean DeLoach DeVane Dixon Dollar Duncan, A. C. Duncan, V. W. Evans Floyd Grahl Griffin Griffis Harris, J. P.
Harris, J. R. Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Kelly Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Minge Moore, Don C. Moore, J. H. Moses Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, L. L. Pope Reid Richardson Roberts Roper Ross Rowland Rush Russell Sewell Shea Simkins Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis
2208
Story Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M.
JOURNAL OF THE HOUSE,
Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson
Wells Wiggins Williams, G. J. Wright
Those not voting were Messrs. :
Acree Anderson Bagby Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Carr Chandler Clarke, H. G. Collins, J. F. Colwell Conner Davis Dickinson Dorminy Doster Dunwody Etheridge Farrar Flynt
Fulford Gary Hale Hall Harrell Harrington Harris, R. W. Henderson Herndon Houston Hull Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Laite Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Matthews, D. R. McClelland McCracken Mitchell Mixon
Moate Newton, D. L. Phillips, G. S. Pickard Poss Potts Eainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie
Savage Shuman Simpson Singer Smith, A. B. Smith, G. L. II Smith, V. T. Strickland Sweat Thomas Walker White Williams, W. M. Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 121, nays 0.
The House has agreed to the Senate substitute to HB 496.
HB 594. By Mr. White of Mclntosh:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Mclntosh County, known as the fee system, and for other purposes.
THURSDAY, MARCH 11, 1965
2209
The following Senate amendment was read:
The Committee on County and Municipal Government moves to amend House Bill 594 as follows:
By striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. The provisions of this Act shall become effective on January 1, 1966."
By striking Section 15 in its entirety and renumbering Section 16 as Section 15.
By striking the words "to provide for a referendum" in the title on line 9.
Mr. White of Mclntosh moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 594.
HB 251. By Mr. Dailey of Randolph:
A Bill to be entitled an Act to abolish the present mode of compensating the Sheriff of Randolph County, known as the fee system, and for other purposes.
The following Senate amendment was read: Committee on C&M moves to amend HB 251 as follows: By striking from Section 2 the symbol and figure "$8,000.00" and
substituting in lieu thereof "$7,800.00". By inserting between the words "out of the county" and "on county
business", as they appear in Section 10, the word "overnight".
Mr. Dailey of Randolph moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
2210
JOURNAL OF THE HOUSE,
The Senate amendment to HB 251 was agreed to.
HE 141. By Messrs. Melton of Spalding, Acree of Towns and others: A Resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders, and for other purposes.
The following Senate amendment was read:
The Committee on Rules moves to amend HR 141 by striking the words "per member" in the last sentence of the third from the last paragraph thereof.
Mr. Melton 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 Arnsdorff Bagby Beck Bedgood Black Blair Blalock Bolton
Bowen, J. O. Brackin Brinkley
Brooks, Wilson Brown, Gene Brown, M. P. Byrd
Carr Chandler Clark, J. T. Coker, G., Dr.
Coker, R. Collins, M. Colwell Crowe Dean
DeLoach
DeVane Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Flynt Fulford Gary
Grahl Hale Harris, J. F.
Harris, J. R. Henderson Holder Houston
Hudgins Hutchinson Irvin Jessup
Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D.
Laite
Lee, F. S. Lee, G. B. Lewis, E. B. Lovett Lowrey Luke Maddox Matthews, C. Matthews, D. R. Mauldin
Mauney McCracken McDaniell
McRae Melton Merritt Milhollin
Minge Mixon Moate Moore, Don C.
Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Newton, D. L.
Odom
Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pope Reid Richardson Roberts Rogers, Jimmie Ross Russell Savage
THURSDAY, MARCH 11, 1965
2211
Sewell Shea Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Sweat Thomas Thomason Tidwell
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Anderson Balkcom Ballard Barber Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Bynum Caldwell Clarke, H. G. Collins, J. P. Conger Conner Dailey Davis Dickinson Dollar Dorminy Evans Farrar Ployd Griffin
Griffis Hall Harrell Harrington Harris, R. W. Herndon Howell Hull Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Lambert Lane Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Marshall McClelland McKemie Mitchell Murphy
Nessmith, P. Paris Phillips, G. S. Pickard Poss Potts Rainey Reaves Rhodes Rodgers, H. B. Roper Rowland Rush Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Snow Strickland Tabb Wilson Mr. Speaker
On the motion to agree, the ayes were 131, nays 0.
The House has agreed to the Senate amendment to HR 141.
2212
JOURNAL OF THE HOUSE,
HB 261. By Messrs. Story of Gwinnett and Moore of Polk:
A Bill to be entitled an Act to amend an Act entitled "An Act to es tablish a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change certain provisions relative to con tributions and service credit, and for other purposes.
The following Senate amendment was read:
Senate Education Matters Committee moves to amend HB 261, as follows:
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Said Act is further amended by striking Subsec tion (5) of Section 4, which appears in Section 14 of an amendatory Act approved March 7, 1962 (Ga. Laws 1962, p. 723), in its entirety and inserting in lieu thereof a new Subsection to be designated as Subsection (6) of Section 4 to read as follows:
'(6) Military Service Credit, (a) Any person who was on ac tive duty in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency, may receive military service credit for such period of time up to a maximum of five years under the following condi tions :
'(i) Prior service credit shall be awarded at no cost to the mem ber for any period of military service prior to January 1, 1945.
'(ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of 5 per cent on the compensation last paid to him as a teacher before enter ing military service or 5 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus 3% percent interest on said employee con tributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of 6 percent on the compensation last paid to him as a teacher before entering military service or 6 percent on the com pensation first paid to him as a teacher after returning from mili tary service, whichever the case may be, plus 3% percent interest on said employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961.
'(b) Any person who shall leave the teaching profession to en ter military service may return to the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance
THURSDAY, MARCH 11, 1965
2213
with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above.
'(c) Any person who shall interrupt college training to enter military service may enter the teaching profession at any time with in five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above.
'(d) Any person who, after completion of college training, en ters military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above.' "
Mr. Moore of Polk 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 Bagby Barber Beck Black Blalock Bolton Bowen, J. O. Brackin Branch Brinkley Brown, M. P. Busbee Carr Clark, J. T. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey Dean DeVane Dickinson Dixon Dollar Duncan, V. W.
Plynt Fulford Gary Grahl Griffin Hale Harrell Harris, J. F. Henderson Herndon Houston Howell Hudgins Hutchinson Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Knight, W. D. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey
Luke Maddox Marshall Mauldin McCracken McDaniell McKemie McRae Merritt Milhollin Minge Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, L. I*. Pope
2214
Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Rush Russell Savage Sewell Shea Simkins Singer
JOURNAL OF THE HOUSE,
Smith, A. B. Smith, E. B., Jr. Smith, J. R . Smith, V. T. Spikes Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Acree Anderson Arnsdorff Balkcom Ballard Bedgood Blair Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Chandler Clarke, H. G. Coker, G., Dr. Colwell Conner Davis DeLoach Dorminy Doster Duncan, A. C.
Dunwody Etheridge Evans Farrar Floyd Griffis Hall Harrington Harris, J. R. Harris, R. W. Holder Hull Irvin Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Matthews, C. Matthews, D. R.
Mauney McClelland Melton Mitchell Mixon Moate Moore, Don C. Murphy Paris Phillips, G. S. Pickard Poss Rainey Reaves Rhodes Roper Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Snow Spillers Wilson Mr. Speaker
On the motion to agree, the ayes were 128, nays 0.
The House has agreed to the Senate amendment to HB 261.
HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston, and others:
A Bill to be entitled an Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, etc., so as to provide additional powers to the Georgia State Board of Barbers, and for other purposes.
THURSDAY, MARCH 11, 1965
2215
The following Senate amendments were read:
Senator Gordy of the 15th moves to amend HB 197 as follows:
Section 84-411 of Section 11 on page 14 delete the following:
"for every twenty (20)" and inserting in lieu thereof: "for every thirty (30)" and:
Section 84-9972 page 23 add: "Unless the mobile barber shop is used solely on military reservations for personnel on maneuvers".
Jackson of 16th moves to amend H. B. 197 as follows:
By striking from the second paragraph of the quoted Code Section 84-410.1 as the same appears in Section 10 the following:
"for each five (5) students or less",
and inserting in lieu thereof the following:
"for each ten (10) students or less".
Mr. Steis of Harris 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 Arnsdorff Beck Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brown, M. P. Busbee Carr Clark, J. T. Coker, R. Collins, J. F. Collins, M. Conger
Crowe Dean DeLoach DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Duncan, V. W. Evans Floyd Flynt Grahl Griffin Griffis Hale Harris, J. F.
Henderson Houston Howell Hudgins Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox
2216
Marshall Mauldin McCracken McDaniell McKemie McRae Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Parker
JOURNAL OF THE HOUSE,
Perry Peterson Phillips, L. L. Potts Rainey Reid Roberts Rodgers, H. B. Rogers, Jimmie Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes
Spillers Stalnaker Steis Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells White Wigging Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Anderson Bagby Balkcom Ballard Barber Bedgood Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Byrd Caldwell Chandler Clarke, H. G. Coker, G., Dr. Colwell Conner Dailey Davis Dorminy Dunwody Etheridge Farrar
Fulford Gary Hall Harrell Harrington Harris, J. R. Harris, R. W. Herndon Holder Hull Hutchinson Irvin Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Laite Lambert Lane Lee, W. J. (Bill) Looper Matthews, C. Matthews, D. R. Mauney McClelland
Melton Merritt Mitchell Moate Murphy Page Paris Phillips, G. S. Pickard
Pope Poss Reaves Rhodes Richardson
Roper Rush Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Snow Story Strickland Thomason Watson Wilson Mr. Speaker
THURSDAY, MARCH 11, 1965 On the motion to agree, the ayes were 120, nays 0.
2217
Mrs. Merritt of Sumter stated that she would like to be recorded as voting "Aye".
The House has agreed to the Senate amendments to HB 197.
HB 150. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State, and for other purposes.
The following Senate amendment was read:
Johnson of 42nd moves to amend HB 150 as follows:
By striking from the title the following:
"by the Superintendent of Banks as provided by law", and inserting in lieu thereof the following:
"pursuant to Code Title 13, as amended,".
By striking from Section 1 the words "by the Superintendent of Banks as provided by law", as such words appear in two places in Sec tion 1, and inserting in lieu thereof in both of said places the words "pursuant to Code Title 13, as amended".
Mr. Conger of Decatur 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 Arnsdorff Beck Black Blair Bolton Bowen, J. O.
Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell
Carr Clark, J. T. Coker, R. Collins, J. F. Collins, M. Conger Crowe Dailey
2218
JOURNAL OF THE HOUSE,
DeLoach Dickinson Dixon Dollar Duncan, A. C. Dunwody Evans Fulford Grahl Griffin Griffis Hale Harris, J. F. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Joedan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill)
Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Mauldin Mauney McCracken McKemie McRae Milhollin Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Perry Potts Rainey Richardson Roberts
Rodgers, H. B. Rogers, Jimmie Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, V. T. Snow Spikes Stalnaker Steis Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins White Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acree Anderson Bagby Balkcom Ballard Barber Bedgood Blalock Branch Brantley Brooks, Geo. B. Brooks, Wilson Byrd Chandler Clarke, H. G. Coker, G., Dr. Colwell
Conner Davis Dean DeVane Dorminy Doster Duncan, V. W. Etheridge Farrar Floyd Flynt Gary Hall Harrell Harrington Harris, J. R. Irvin
Johnson, B. Jones, F. C. Jones, G. Paul Kelly Lambert Lane Lee, F. S. Leonard Looper Matthews, C. Matthews, D. R. McClelland McDaniell Melton Merritt Mitchell Moate
Moore, Don C. Newton, D. L. Paris Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Reaves
THURSDAY, MARCH 11, 1965
2219
Reid Rhodes Roper Rush Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R.
Spillers Story Strickland Thomason Watson Wells Wiggins Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 123, nays 0.
The House has agreed to the Senate amendment to HB 150.
HB 151. By Mr. Conger of Decatur:
A Bill to be entitled an Act to amend Code Section 13-2023, relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporation, and for other purposes.
The following Senate amendment was read:
Committee on Banking and Finance moves to amend House Bill 151 as follows:
Amend subsection (g) of Code Section 13-2023 as set forth in Sec tion 1 of House Bill 151 as follows:
The words "Bank Service Corporation" as set forth in the third line and in the eighth and ninth lines to read "bank service corporation".
In the third sentence after the words "bank service corporation" and before the word "created" add the following:
".. .solely owned by one or more banks and..."
Mr. Conger of Decatur 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 Arnsdorff
Beck Black Blair
Bowen, J. O. Bowen, R. L. Brackin
2220
JOURNAL OP THE HOUSE,
Brinkley Brown, Gene Brown, M. P. Busbee Bynum Caldwell Carr Clark, J. T. Coker, R. Collins, M. Conger Crowe Dailey DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Dunwody Evans Flynt Grahl Griffin Griffis Hale Harris, J. P. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C.
Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, P. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Mauldin McCracken McKemie McRae Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Perry Phillips, G. S. Potts Richardson Roberts Rodgers, H. B.
Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Anderson Bagby Balkcom Ballard Barber Bedgood Blalock Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson
Byrd Chandler Clarke, H. G. Coker, G., Jr. Collins, J. P. Colwell Conner Davis Dean Dorminy Doster Duncan, V. W. Etheridge
Farrar Floyd Fulford Gary Hall Harrell Harririgton Harris, J. R. Herndon Hull Irvin Jessup Johnson, B.
THURSDAY, MARCH 11, 1965
2221
Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Lambert Lane Lee, W. J. (Bill) Leonard Looper Matthews, C. Matthews, D. R. Mauney McClelland McDaniell Melton Merritt
Milhollin Mitchell Moate Moore, Don C. Nessmith, P.
Newton, D. L. Paris Peterson Phillips, L. L. Pickard Pope Poss Ramey Reaves Reid Rhodes
Rush Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Snow Spillers Story Thomason Watson Wells Wilson Mr. Speaker
On the motion to agree, the ayes were 119, nays 0.
The House has agreed to the Senate amendment to HB 151.
HB 153. By Mr. Conger of Decatur: A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank in corporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts, and for other purposes.
The following Senate amendment was read:
Amendment Code Section 13-2006 as set forth in Section 1 of House Bill 153 as follows:
In the fifth line after the word "shall" strike the word "promptly" and add the following:
"within 10 days after knowledge thereof"
In the sixth line place period after the words "Superintendent of Banks" and strike the remainder of that sentence.
Mr. Conger of Decatur moved that the House agree to the Senate amendment.
2222
JOURNAL OF THE HOUSE,
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Arnsdorff Barber Beck Black Blair Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Caldwell Carr Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Conger Crowe Dailey Dean DeLoach
DeVane Dickinson Dixon Dollar Duncan, A. C. Dunwody Evans Flynt Fulford Grahl Griffin Griffis Hale Harrington Harris, J. F. Harris, R. W. Henderson Holder Houston
Howell Hudgins Huthcinson Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Jordan, W. H . Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Maddox Marshall Mauldin McCracken McDaniell McKemie McRae Melton Milhollin Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Perry Phillips, G. S. Potts
Rainey Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Simpson Smith, A. B. Smith, Chas. G. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Stalnaker Steis Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wells White Wiggins Williams, G. J. Williams, W.M. Woodward Wright
Those not voting were Messrs.:
Abney Acree Anderson
Bagby Balkcom Ballard
Bedgood Blalock Bolton
Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Byrd Chandler Coker, G., Dr. Collins, J. P. Colwell Conner Davis Dorminy Doster Duncan, V. W. Etheridge Farrar Ployd Gary Hall Harrell Harris, J. R. Hull
THUESDAY, MARCH 11, 1965
2223
Irvin Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Kelly Lambert Lee, W. J. (Bill) Leonard Looper Luke Matthews, C. Matthews, D. R. Mauney McClelland Merritt Mitchell Moate Moore, Don C. Nessmith, P. Newton, D. L. Paris
Peterson Phillips, L. L. Pickard Pope Poss Reaves Reid Rhodes Rush Shuman Simkins Simmons Singer Smith, G. L. II Snow Spillers Story Thomason Watson Wilson Mr. Speaker
On the motion to agree, the ayes were 128, nays 0.
The House has agreed to the Senate amendment to HB 153.
HB 521. By Messrs. Shea, Richardson and Sewell of Chatham:
A Bill to be entitled an Act to carry into effect the provisions of the Constitutional amendment reported in Georgia Laws 1964, authorizing the General Assembly to proviide that the Mayor and Aldermen of the City of Savannah may contract for the consolidation and combining of the County and City Board of Tax Assessors, and for other purposes.
The following Senate amendment was read:
The Committee on C&M moves to amend HB No. 521 as follows:
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The members of the Board of Tax Assessors shall be at least twenty-five (25) years of age, a freeholder, a citizen of the State of Georgia and a resident of Chatham County for at least twelve (12) months prior to their appointment either without or within the limits of any city therein."
2224
JOURNAL OF THE HOUSE,
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Each member of the Board shall give such time to the duties of his office as may be required. He shall hold no other remunerative public office during the term to which he is elected."
By striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. In addition, there shall be appointed a Chief Tax Assessor who shall be appointed by the Chatham County Commis sioners with the concurrence of the Mayor and Aldermen of the City of Savannah. The Chief Tax Assessor shall be a citizen of the State of Georgia and a resident of Chatham County for at least twelve (12) months prior to his appointment either without or within the limits of any city therein."
Mr. Shea of Chatham moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 521.
HR 170-372. By Messrs. Pickard, Brinkley and Jones of Muscogee: A Resolution proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission, and for other purposes.
The following Senate amendment was read:
Senator Jackson of 16th moves to amend House Resolution No. 170-372 by changing the period at the end of paragraph "P", subparagraph (1) to a semicolon and adding the following words:
"Provided, however, that any power of condemnation which may be confered hereby shall not extend to the condemnation of any property held or owned directly or indirectly by a railroad corporation, public utility, or any subsidiary of such corporations vested with title to property which may be utilized by such railroads or utility corporations in the carrying on of their purposes and functions."
Mr. Jones of Muscogee moves to agree to the Senate amendment.
THURSDAY, MARCH 11, 1965
2225
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 Arnsdorff Bagby Balkcom Barber Beck Black Blair Bolton Bowen, J. O. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Conger Conner Crowe D alley Davis Dean DeLoach DeVane Dickinson Dixon Dollar Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Grahl Hale Harris, J. F. Harris, J. R. Henderson Holder Houston Howell Hudgins
Hutchinson Jessup Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Phillips, G. S. Pickard Pope
Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Shuman Simkins Simp son Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
2226
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Ballard Bedgood Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Byrd Caldwell Chandler Coker, R. Collins, J. F. Colwell Dorminy Doster
Floyd
Gary Griffin Griffis Hall Harrell Harrington Harris, R. W. Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jordan, W. H. Kelly Lambert Lee, W. J. (Bill) Leonard
Looper Matthews, C. McClelland
Moore, Don C. Nessmith, P.
Paris Peterson Phillips, L. L. Poss Reaves Rush Simmons Smith, G. L. II Spillers Thomason Wilson Mr. Speaker
On the motion to agree, the ayes were 151, nays 0.
The House has agreed to the Senate amendment to HR 170-372.
HB 485. By Mr. Jones of Bibb:
A Bill to be entitled an Act to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon, and for other purposes.
The following Senate amendment was read: Senate Smalley of the 28th move to amend HB 485 as follows: By striking 64 and renumbering 65 as 64 and by conforming the caption.
Mr. Jones 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 Alien
Arnsdorff Balkcom Barber
Beck Bedgood Black
Blair Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Busbee Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, J. F. Collins, M. Conger Crowe Dean DeVane Dickinson Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Grahl Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin
THURSDAY, MARCH 11, 1965
2227
Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker
Perry Peterson Phillips, G. S. Pope Potts Rainey Rhodes Richardson Rodgers, H .B . Ross Rowland Rush Savage Sewell Shea Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Anderson Bagby Ballard Blalock Branch Brantley Brooks, Geo. B.
Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Colwell Conner
Dailey Davis DeLoach Dixon Dorminy Gary Griffin
2228
Hale Hall Harris, R. W. Houston Hull Johnson, B. Jones, C. M. Kelly Laite Lambert Lee, W. J. (Bill) Leonard Lovett Lowrey
JOURNAL OF THE HOUSE,
McClelland Minge Mitchell Moses Murphy Paris Phillips, L. L. Pickard Poss Reaves Reid Roberts Rogers, Jinimie Roper
Shuman Simkins Simmons Singer Smith, G. L. II Spillers Sweat Wells Wiggins Williams, W. M. Wilson, Hoke Mr. Speaker
On the motion to agree, the ayes were 143, nays 0.
The House has agreed to the Senate amendment to HB 485.
HB 322. By Mr. Irvin of Habersham:
A Bill to be entitled an Act to amend an Act creating the North Georgia Mountains Commission, by providing that the Attorney General, the Director of the Department of Industry and Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members, and for other purposes.
The following Senate amendment was read:
Senator Kendrick of the 32nd, moves to amend HB 322 as follows: After Section 4 and as a part of.
"Any member of the General Assembly who is otherwise qualified shall not be prohibited from serving on this commission."
Mr. Irvin of Habersham 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 Arnsdorff Balkcom Barber
Beck Bedgood Black Blair Blalock
Bowen, J. 0. Brinkley Brooks, Geo. B. Brown, Gene Busbee
THURSDAY, MARCH 11, 1965
2229
Bynum Byrd Caldwell Carr Clarke, H. G. Coker, R. Collins, J. P. Colwell Dailey Dean Dickinson Dixon Doster Duncan, V. W. Ployd Fulford Gary Grahl Griffis Harrell Harrington Harris, J. F. Henderson Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C.
Jones, M. Jordan, Ben C. Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lovett Lowrey Luke Maddox Mauldin Mauney McDaniell McRae Melton Merritt Milhollin Minge Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Page Parker Perry Peterson Phillips, L. L. Potts Reid
Roberts Rodgers, H. B. Rogers, Jimmie Rowland Rush Russell Sewell Shea Simkins Simpson Singer Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Tidwell Vaughan, D. N. Ware Watson Wells Wiggins Williams, G. J. Woodward
Those not voting were Messrs.:
Alien Anderson Bagby Ballard Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, M. P. Chandler Clark, J. T. Coker, G., Dr. Collins, M. Conger Conner Crowe Davis
DeLoach DeVane Dollar Dorminy Duncan, A. C. Dunwody Etheridge Evans Farrar Flynt Griffin Hale Hall Harris, J. R. Harris, R. W. Herndon Houston Hudgins Jones, C. M.
Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lane Leonard Lewis, E. B. Lewis, P. B. Looper Marshall Matthews, C. Matthews, D. R. McClelland McCracken McKemie Mitchell
2230
Mixon Moate Murphy Nessmith, P. Newton, D. L. Overby Pafford Paris Phillips, G. S. Pickard Pope Poss Rainey
JOURNAL OF THE HOUSE,
Reaves Rhodes Richardson Roper Ross Savage Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Thomason
Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Walker Watkins White Williams, W. M. Wilson Wright Mr. Speaker
On the motion to agree, the ayes were HO, nays 0.
The House has agreed to the Senate amendment to HB 322.
Mr. Bolton of Spalding asked unanimous consent that the following Bill of the Senate be added to the Rules Committee calendar:
SB 159. By Senators Webb of the llth and Jackson of the 16th: A Bill to be entitled an Act to amend an Act creating the Georgia His torical Commission, and for other purposes.
The consent was granted and SB 159 was added to the Rules Committee calendar.
Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 160. By Senator Webb of the llth: A Bill to be entitled an Act to amend Code Section 6-1702, relative to costs to cases carried to the Supreme Court and the Court of Appeals, so as to change the amount thereof, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, MARCH 11, 1965
2231
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
Arnsdorff Balkcom Barber Beck Bolton Bowen, J. O. Brackin Brinkley Brown, Gene Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, M. Colwell Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dorminy Doster Duncan, V. W. Etheridge Evans Farrar Flynt Gary Hale Harrell Harris, J. F. Harris, J. B. Harris, R. W. Henderson Holder
Howell Hudgins Hutchinson Irvin Jessup
Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Looper Lovett Lowrey Luke
Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Minge Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D . Newton, A. S. Newton, D. L. Odom Otwell
Overby Pafford Page Parker
Perry Peterson Phillips, L. L.
Pope Rhodes Richardson Roberts Rogers, Jimmie Roper Ross Rowland Rush Savage Sewell Shea Simkins Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Spikes Steis Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins White Wiggins Woodward Wright
Those not voting were Messrs.:
Alien Bagby
Ballard Bedgood
Black Blair
2232
Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Collins, J. F. Conger Dixon Dollar Duncan, A. C. Dunwody Floyd Fulford Grahl Griffin Griffis Hall Harrington
JOURNAL OF THE HOUSE,
Herndon Houston Hull Jones, G. Paul Kelly Lambert Lane Leonard
Lewis, P. B. Matthews, C.
McClelland Merritt Milhollin
Mitchell Murphy Nessmith, P. Oglesby Paris Phillips, G. S. Pickard Poss
Potts
Rainey Reaves Reid Rodgers, H. B. Russell Shuman Simmons Simpson
Singer Smith, G. L. II
Snow Spillers Stalnaker
Story Strickland Watson Wells Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 91. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act creating the Claims Advisory Board, so as to change the provisions relative to the Time limitations on filing notices of claims and the introduction of Resolu tions, and for other purposes.
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
Balkcom
.
Barber
Bedgood
Black
Blair Bolton Bowen, J. 0. Brackin
THURSDAY, MARCH 11, 1965
2233
Brinkley Brown, Gene Brown, M. P. Busbee Caldwell Chandler Clark, J. T. Coker, R. Collins, J. P. Colwell Dailey Dean DeLoach DeVane Dickinson Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Flynt Fulford Gary Grahl Griffis Hale Harrington Harris, J. F. Harris, R. W. Henderson Holder Howell Hudgins Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W.
Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moate Moore, J. H. NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Potts Richardson Roberts
Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Collins, M. Crowe
Harris, J. R. Mixon
Tucker, Ray M.
Those not voting were Messrs.:
Anderson Bagby Ballard
Beck Blalock Bowen, R. L.
Branch Brantley Brooks, Geo. B.
2234
Brooks, Wilson Bynum Byrd Carr Clarke, H. G. Coker, G., Dr. Conger Conner Davis Dixon Dollar Dorminy Farrar Griffin Hall Harrell Herndon Houston
JOURNAL OF THE HOUSE,
Hull Irvin Jessup Johnson, B. Jones, F. C. Jones, G. Paul Kelly Lambert Lee, W. J. (Bill) Leonard Matthews, D. R. McClelland Mitchell Moore, Don C. Moses Murphy Nessmith, P. Peterson
Phillips, L. L. Pickard Pope Poss Rainey Reaves Reid Rhodes Rush Shuman Simmons Singer Smith, A. B. Smith, G. L. II Spillers Walker Wilson Mr. Speaker
On the passage of the Biill, the ayes were 136, nays 5.
The Bill, having received the requisitie constitutional majority, was passed.
SB 75. By Senators Broun of the 46th, Rowan of the 8th and others:
A Bill to be entitled an Act to amend the Georgia Election Code relating to the comprehensive regulation of federal, state and county elections and primaries, and for other purposes.
The following amendment was read and adopted:
Messrs. Busbee of Dougherty, Bolton of Spalding, Smith of Grady, Hale of Dade and Brooks of Fulton move to amend S.B. 75 as follows:
By inserting between the words "or body;" and the words "to re peal" as contained in the ninth line of the title, the following words: "to provide that no vote recorder shall be adopted or used in this State unless it shall, when used in conjunction with a tabulating machine, preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote, and shall otherwise preclude the counting of over-votes;".
By renumbering Section 2 as Section 3 and inserting between Sec tions 1 and 3 a new Section 2 to read as follows:
Section 2. Subsection (e) of Section 34-1220 of the said Georgia Election Code, relating to the requirement that a vote recorder shall preclude an elector from over-voting, is hereby
THURSDAY, MARCH 11, 1965
2235
amended by striking such Subsection (e) in its entirety and in serting in lieu thereof a new Subsection (e) to read as follows:
"(e) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude the counting of votes for more persons for any office than he is entitled to vote for, and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;".
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 Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Crowe Davis Dean DeLoaeh LeVane Dickinson Dixon
Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd Flynt Fulford Gary Grahl Hale Harris, J. F. Harris, J. R. Henderson Howell Hudgins Hutchinson Jones, C. M. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lowrey Luke
Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S.
2236
Pope Potts Rhodes Richardson Rodgers, H. B. Ross Rowland Russell Savage Sewell Shea Simkins Simpson Smith, A. B.
JOURNAL OF THE HOUSE,
Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B.
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Anderson Bagby Balkcom Ballard Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Bynum Byrd Caldwell Chandler Colwell Conger Conner Dailey Dorminy Griffin Griffis Hall Harrell Harrington
Harris, R. W. Herndon Holder Houston Hull Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Leonard Looper Lovett McClelland McCracken Mitchell
Moore, J. H. Moses Nessmith, P. Phillips, L. L. Pickard Poss Rainey Reaves Reid Roberts Rogers, Jimmie Roper Rush Shuman Simmons Singer Smith, G. L. II Smith, J. R. Spillers Thomas Williams, G. J. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 1-35, 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 Bill and Resolution of the Senate were again taken up:
THURSDAY, MARCH 11, 1965
2237
SB 159. By Senators Webb of the llth and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, and for other purposes.
The following amendment was read and adopted:
Mr. Howell of Early moves to amend SB 159 as follows:
By adding at the end of Section (1) a comma instead of a period, and adding the following language, to wit:
"not to exceed $10,000.00 per year."
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 Ballard Barber Beck Bedgood Blair Bolton Bowen, J. 0. Brackin Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins Conger Crowe Davis DeVane Dickinson
Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Floyd Flynt Gary Grahl Hale Harrell Harris, J. R. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M.
Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Mixon Moate Moore, Don C. Murphy NeSmith, J. D. Newton, A. S. Oglesby Overby
2238
Paris Parker Perry Peterson Phillips, G. S. Pope Potts Richardson Rodgers, H. B. Ross Rowland Russell Savage
JOURNAL OF THE HOUSE,
Sewell Shea Simians Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis
Story Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Walker Ware Watkins Watson Woodward Wright
Those voting in the negative were Messrs.
Harris, J. F. Knight, W. D. Nessmith, P.
Otwell Pafford Thomas
Thomason Vaughan, D. N.
Those not voting were Messrs.:
Anderson Bagby Balkcom Black Blalock Bowen, R. L. Branch Brantley Brooks, Geo. B. Busbee Bynum Byrd Caldwell Chandler Collins, J. F. Colwell Conner Dailey Dean DeLoach Dixon Dorminy Farrar Fulford Griffin Griffis
Hall Harrington Harris, R. W. Houston Johnson, B. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, G. B. Leonard Lowrey Matthews, D. R. McClelland Minge Mitchell Moore, J. H. Moses Newton, D. L. Odom Page Phillips, L. L.
Pickard Poss Rainey Reaves Reid Rhodes Roberts Rogers, Jimmie Roper Rush Shuman Simmons Singer Smith, G. L., II Snow Strickland Sweat Vaughn, C. R. Wells White Wiggins Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 119, nays 8.
The Bill, having received the requisite constitutional majority was as amended.
THURSDAY, MARCH 11, 1965
2239
SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XV of the Constitution is hereby amended by adding a new Section to be designated "Section II" and to read as follows:
"SECTION II.
"Paragraph 1. Home Rule for Counties.
(a) The governing authority of each county shall have legisla tive power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, how ever, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.
(b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immedi ately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pur-
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suant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Con stitution or if provision has been made therefor by general law.
2. Amendment to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general election, which petition shall specifically set forth the exact lan guage of the proposed amendment or repeal. The ordinary shall determine the validity of such petition within 60 days of its beingfiled with the ordinary. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or re jection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is no file in the office of the ordinary of the county for the purpose of examination and inspection by the public. The ordi nary shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as 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 in accordance with the provisions of Paragraph 4 of this Section. A referendum on any such amend ment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
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(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution.
1. Action affecting any elective county office or the personnel thereof other than the county governing authority.
2. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority.
3. Action defining any criminal offense or providing for crimi nal punishment.
4. Action adopting any form of taxation beyond that authorized by law or by this Constitution.
5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution.
6. Action affecting the exercise of the power of eminent domain.
7. Action affecting any court or the personnel thereof.
8. Action affecting any public school system.
(d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, ex cept as is incident to the exercise of an independent governmental power.
(e) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 of this Section.
"Paragraph 2. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.
"Paragraph 3. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recre-
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ational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in con junction with any combination of other counties and municipal ities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission.
"Paragraph 4. Filing and Publication of Laws. No amend ment or revision of any local act made pursuant to Paragraph 1 of this Section shall become effective until a copy of such amend ment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to NO ( ) provide home rule for counties?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following amendments were read and adopted:
Mr. Caldwell of Upson moves to amend SR 7 as follows:
By striking in its entirety Subparagraph 1 of Subsection (c) of Paragraph 1 of Section II which reads as follows:
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"1. Action affecting any elective county office or the personnel thereof, other than the county governing authority.",
and substituting in lieu thereof the following:
"1. Action affecting any elective county office or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority."
Mr. Snow of Walker moves to amend SB 7 by adding in Paragraph 1 of subparagraph (c) after the word "office" and before the word "or" the following words:
"the salaries thereof,"
Mr. Snow of Walker moves to amend SR 7 by striking from Section II, Paragraph 1, sub-section (b) Number 2, after the word containing, the words, "the signatures of at least ten per centum of the electors of the county, registered to vote in the last general election," and sub stituting in lieu thereof the following language:
"In cases of counties with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general election; in cases of counties with a population of more than five thousand but not more than fifty thousand, at least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered to vote in the last general election."
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the passage 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 Arnsdorff Balkcom Barker Beck Bedgood Black Blair Blalock Bolton
Bowen, J. O. Brinkley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, M. Conger Crowe Dailey Davis Dean DeLoach DeVane Dickinson
2244
JOURNAL OF THE HOUSE,
Dollar Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Flynt Fulford Gary Grahl Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard
Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson Phillips, L. L. Pope Potts Reid Richardson Roberts
Rodgers, H. B. Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Wells Wigging Williams, G. J. Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Acree Colwell Houston
Mauney NeSmith, J. D. Rowland
Wilson
Those not voting were Messrs.:
Alien Bagby Ballard Bowen, R. L. Brackin
Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum
Collins, J. F. Conner Dixon Etheridge Farrar
Griffin Griffis Hale Hall Harris, R. W. Hull Jones, C. M. Jones, P. C. Kelly Lambert McClelland McCracken
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Melton Mitchell Moate Murphy Nessmith, P. Paris Phillips, G. S. Pickard Poss Rainey Reaves Rhodes
Rogers, Jimmie Roper Shuman Simmons Smith, Chas. C. Smith, G. L. II Spillers Vaughn, C. R. Watson White Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 147, nays 7.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
"AyeM".r. Vaughn of Rockdale stated that he would like to be recorded as voting
Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for considera tion and read the third time:
SB 125. By Senator Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the payment of dividends to stockholders, so as to provide for the manner in which dividends shall be paid to stockholders of domestic stock insurers, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roil call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Arnsdorff
Balkcom Barber Beck
Bedgood Black Blair
2246
Bolton Bowen, J. O. Bowen, R. L. Brackin Brinkley Brown, Gene Brown, M. P. Busbee Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger Crowe DeVane Dickinson Dixon Dollar Doster Duncan, A. C. Evans Farrar Floyd Flynt Fulford Gary Grahl Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson
JOURNAL OF THE HOUSE,
Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Parker Perry Peterson
Phillips, G. S. Pope Potts Richardson Rodgers, H. B. Ross Rowland Rush Russell Savage Sewell Shea Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson White Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Acree Anderson Bagby Ballard Blalock Branch Brantley Brooks, Geo. B.
Brooks, Wilson Bynum Byrd Caldwell Colwell Conner Dailey Davis
Dean DeLoach Dorminy Duncan, V. W. Dunwody Etheridge Griffin Hall
Harris, R. W. Houston Hull Johnson, B. Jones, C. M. Jordan, Ben C. Kelly Laite Lambert Lane Lee, G. B. Lovett Mauney McClelland McCracken
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2247
Mitchell Moore, J. H. Moses Murphy Nessmith, P. Newton, D. L. Paris Phillips, L. L. Pickard Poss Rainey Reaves Reid Rhodes Roberts
Rogers, Jimmie Roper Shuman Simkins Simmons Singer Smith, G. L. II Spillers Strickland Wells Wiggins Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 55. By Senator Johnson of the 42nd: A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures, and for other purposes.
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 Arnsdorff Balkcom Barber Bedgood Black Blair Blalock Bolton
Bowen, J. 0. Bowen, R. L. Brackin Brinkley Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G.
Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey DeLoach DeVane Dickinson
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JOURNAL OP THE HOUSE,
Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Parrar Floyd Fulford Gary Grahl Hale Harrell Harris, J. P. Harris, R. W. Henderson Herndon Holder Houston Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lane Lee, P. S. Lee, G. B. Lee, W. J. (Bill)
Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Mauney McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moate NeSmith, J. D. Newton, A. S. Odom Ogleby Overby Pafford Page Parker Perry Peterson Phillips, G. S. Pope Rainey Richardson Roberts
Rodgers, H. B. Rogers, Jimmie Ross Rowland Savage Sewell Shea Simkins Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Spikes Stalnaker Story Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins White Williams, W. M.
Those not voting were Messrs.:
Alien Bagby Ballard Beck Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Chandler Conner Davis Dean Dixon Dorminy Plynt Griffin
Griffis Hall Harrington Harris, J. R. Hull Irvin Johnson, B. Jones, C. M. Jones, P. C. Jones, G. Paul Kelly Knight, D. W. Laite Lambert Lovett Matthews, C. Matthews, D. R. Mauldin
McClelland McCracken Milhollin Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Newton, D. L. Otwell Paris Phillips, L. L. Pickard Poss Potts Reaves Reid Rhodes
Roper Rush Russell Shuman Simmons Smith, V. T. Spillers
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Steis Strickland Sweat Thomason Watson Wells Wiggins
Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House recessed until 2:00 p.m.
AFTERNOON SESSION
The speaker called the House to order at 2:00 p.m.
The following amendment to the report of the Rules Committee was read and adopted:
Mr. Speaker:
Your Committee on Rules met on Thursday, March 11, 1965, for the purpose of fixing the Calendar for the afternoon for said date and your Committee amends the Calendar fixed for Thursday morning, March 11, 1965, by adding the fol lowing thereto, to wit:
SB 39. Hunting of Owls SB 110. Solicitors-General Retirement Fund, Emeritus SB 156. Intangible Personal Property, Taxes SR 69. Relieve Security Bond, Reddish SB 71. Resources Advisory Board The Speaker shall have the right to call up any of the Bills fixed on the Rules Calendar for Thursday morning, March 11, 1965, and any of the above Bills in any order which he may desire.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
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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 agrees to House substitute to the following Bill of the Senate:
SB 80. By Senators Coggin of the 35th, Thompson of the 34th and others: A Bill to amend an Act establishing a new charter for the City of College Park, approved Dec. 16, 1895, and the several Acts amendatory thereof; and for other purposes.
The Senate agrees to House amendment to the following Bill of the Senate:
SB 38. By Senator Webb of the llth: A Bill to amend an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. L. 1964, p. 338), so as to change certain typographical errors and make technical clarifications; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House:
HR 133-230. By Messrs. Clarke of Monroe and Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House:
HB 224. By Messrs. Overby and Williams of Hall:
A Bill to amend Code Sec. 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the courthouse where materials incidental to the clerk's duties may be stored; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House:
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2251
HB 226. By Messrs. Ware of Troup, Smith of Mitchell and others:
A Bill to amend an Act amending Sec. 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House:
HR 225. By Mr. Conner of Jeff Davis:
A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose of studying fire insurance underwriting practices which prevail in the State; and for other purposes.
HR 238. By Messrs. Newton of Colquitt, Irvin of Habersham and others:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State govern ment and the costs incurred by local governments in operating the public schools of the Georgia; and for other purposes.
As requested by the House the Senate is returning the following Bills of the House:
HB 538. By Mr. Herndon of Appling:
A Bill to amend an Act creating a board of commissioners of roads and revenues for Appling County; and for other purposes.
HB 608. By Mr. Herndon of Appling:
A Bill to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system; and for other purpsoes.
Under the General Order of Business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
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JOURNAL OF THE HOUSE,
SB 156. By Senator Smalley of the 28th:
A Bill to be entitled an Act to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of non-residents, and for other purposes.
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 Balkcom Ballard Beck Bedgood Black Blair Bowen, J. 0. Branch Brinkley Brown, M. P. Bynum Byrd Clarke, H. G. Collins, M. Crowe Dailey Davis Dean
DeVane Dickinson Dixon Dorminy Duncan, V. W. Farrar Floyd Grahl Griffis Harris, J. F. Harris, J. R. Henderson Howell Hutchinson Jessup
Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Kelly Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Lowrey Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby
Page Paris Peterson Phillips, G. S. Phillips, L. L. Reid Richardson Roberts Ross Rush Russell Sewell Shea Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells
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2253
Wiggins Williams, G. J.
Williams, W. M.
Wright
Those not voting were Messrs.:
Acree Anderson Bagby Barber Blalock Bolton Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. P. Colwell Conger Conner DeLoach Dollar Doster Duncan, A. C. Dunwody Etheridge Evans Flynt
Fulford Gary Griffin Hale Hall Harrell Harrington Harris, R. W. Herndon Holder Houston Hudgins Hull Irvin Johnson, Dr. A. S. Jones, C. M. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Luke Marshall McClelland McCracken Mitchell Moate
Moore, Don C. Pafford Parker Perry Pickard Pope Poss Potts Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Savage Shuman Simkins Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Tabb Thomas Underwood White Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 150. By Senators Hall of the 52nd and Smalley of the 28th:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding, consolidating and codifying the laws re lating to public health, and for other purposes.
The following Committee substitute was read and adopted:
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JOURNAL OF THE HOUSE,
A BILL
To be entitled an Act to amend Code Chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside this State; to provide for the issuance of birth certificates in adoption cases; to give the adopting parents an option as to how such certificate shall be issued; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Chapter 88-17, relating to vital records, is hereby amended by striking Subsection (e) of Code Section 88-1713, relating to court reports of adoption, in its entirety.
SECTION 2
Said Code Chapter is further amended by striking Subsection (b) of Code Section 88-1714, relating to new certificates of birth following adoption and legitimation and paternity determination, in its entirety and inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) When a new certificate of birth is established, the actual date of birth shall be shown, and the place of birth shall be shown as either the actual place of birth or as the residence of the adoptive parents, at the election of the adoptive parents. The Superior Court, in the final order of adoption, shall determine the place and so state in said final order of adoption. This Section shall apply to children born in this State as well as those born in another state; provided, however, the above option in regard to children born outside the State of Georgia shall apply only to an adopted person who was or is entitled to United States citizenship at the time of birth, and who was or is placed for adoption through the State departments of welfare, the juvenile court of a county of this State, the Depart ment of Family and Children Services, or a child placement agency licensed by the State, or any other legal adoption."
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:
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2255
Those voting in the affirmative were Messrs.
Abney Acree Alien Arnsdorff Balkcom Ballard Beck Bedgood Black Blair Bowen, J. 0. Brooks, Geo. B. Brown, M. P. Byrd Chandler Clark, J. T. Clarke, H. G. Collins, J. F. Coiling, M. Colwell Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dorminy Duncan, V. W. Evans Farrar Floyd Grahl Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Howell
Hudgins Hutchinson Johnson, B. Jones, F. C. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McDaniell McKemie McRae Merritt Minge Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson
Phillips, G. S. Phillips, L. L. Reid Richardson Roberts Roper Ross Rush Russell Sewell Shea Simkins Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Anderson Bagby Barber Blalock Bolton Bowen, R. L. Brackin Branch Brantley
Brinkley Brooks, Wilson Brown, Gene Busbee Bynum Caldwell Carr Coker, G., Dr. Coker, R.
Conger Conner Davis Dollar Doster Duncan, A. C. Dunwody Etheridge Flynt
2256
JOURNAL OP THE HOUSE,
Fulford Gary Griffin Griffis Hall Harris, R. W. Herndon Holder Houston Hull Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Kelly Knight, D. W. Laite Lambert
Lane Lee, G. B. Leonard Lewis, E. B. Luke Matthews, D. R. McClelland McCracken Melton Milhollin Mitchell Moate Moore, Don C. Overby Pickard Pope Poss Potts Rainey Reaves
Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Savage Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Underwood Ware Watkins White Wilson Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 42. By Senators Broun of the 46th and Webb of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution is hereby amended by striking Article VII, Section IV in its entirety and substituting in lieu thereof a new Section IV to read as follows:
"SECTION IV
"Paragraph I. Powers of County Government. The General As sembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Con stitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same
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was made nor shall any taxes collected be allocated for any par ticular purpose, unless expressly so provided by the General As sembly or this Constitution.
"Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby au thorized to exercise the power of taxation for the following pur poses, which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly:
1. Pay the expenses of administration of the county govern ment.
2. Acquire, construct, maintain, improve, or aid in the acquisi tion, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, side walks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling or litigation affecting the county.
4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization for the in digent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.
9. Provide fire protection for forest lands and conserve natural resources.
10. Provide insurance, retirement and pension benefits, cover age under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survi vors; provided that all such payments for public school teachers
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and personnel, their dependents and survivors, shall be paid from education funds.
11. Establish and maintain a recreation system.
12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor.
13. To provide for reasonable reserves for public improvements as may be fixed by law.
14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein.
"Paragraph III. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly es tablishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of con structing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law.
"Paragraph IV. Eminent Domain. Any county is hereby au thorized to exercise the power of eminent domain for any public purpose."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I. Paragraph I of the Constitution of Geor gia of 1945, as amended.
The Ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to change the NO ( ) provisions relating to the powers of county govern
ments?"
All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying
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2259
the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend SR 42 by adding under Section 1 a new paragraph to read as follows:
"Paragraph V. Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, as amended."
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 Arnsdorff Balkcom Barber Beck Bedgood Black Blair Blalock
Bowen, J. O. Brackin Brinkley
Brown, M. P. Busbee Bynum Byrd Caldwell Carr Chandler
Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, J. F. Collins, M. Crowe Dailey Dean DeLoach Dickinson Dixon Dorminy
Doster Duncan, V. W. Etheridge
Evans Farrar Floyd Fulford Gary Grahl Griffis
Hale Harrell Harrington
Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hull Hutchinson
Irvin Jessup Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W.
Lane Lee, F. S. Lee, W. J. (Bill)
2260
Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Newton, A. S. Odom Oglesby Otwell Overby
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Page Parker Perry Peterson Phillips, L. L. Pope Potts Reid Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Snow Spikes Spillers Steis Story Strickland Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Acree Alien Anderson Bagby Ballard Bolton Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Clark, J. T. Colwell Conger Conner Davis DeVane Dollar Duncan, A. C.
Dunwody Flynt Griffin Hall Houston Hudgins Jones, G. Paul Kelly Knight, W. D. Laite Lambert Lee, G. B. Leonard Looper Mauney McClelland McCracken Mitchell Moate Murphy
NeSmith, J. D. Nessmith, P. Newton, D. L. Pafford Paris Phillips, G. S. Pickard Poss Rainey Reaves Rhodes Shuman Simmons Smith, A. B. Smith, G. L. II Stalnaker Tucker, J. B. Underwood Wilson Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 144, nays 0.
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2261
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted, as amended.
SB 136. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent of a psychiatric hospital as being restored to mental health, and for other purposes.
The following Committee amendment was read and adopted:
AMENDMENT The Committee on Judiciary moves to amend SB 136, Section 1, Subsection (c), page 3, line 20 of the original Bill by striking the words "the guardian and";
and
by correcting the spelling on page 5 of the original Bill, Subparagraph (2), Subsection (e), line 6 thereof the word "advise" so that the word shall read "advice".
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 Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Bowen, J. O. Brooks, Geo. B. Brown, M. P. Busbee Bynum
Byrd Chandler Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeVane Dickinson Dollar Dorminy Duncan, A. C.
Duncan, V. W. Floyd Fulford Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, J. R. Henderson Howell Hudgins Hutchinson Irvin Johnson, B.
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Jones, C. M. Jordan, Ben C. Kelly Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, J. H.
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Moses Murphy NeSmith, J. D. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Perry Phillips, L. L . Pope Potts Reid Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Simkins Simmons
Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Steis Story Strickland Tabb Thomas Thomason Tidwell Tucker, J. B. Vaughan, D. N. Walker Ware Watkins White Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative was Mr. Evans.
Those not voting were Messrs.:
Anderson Arnsdorff Blalock Bolton Bowen, R. L. Brackin Branch Brantley Brinkley Brooks, Wilson Brown, Gene Caldwell Carr Coker, G., Dr. Coker, R. Conger Davis DeLoach Dixon Doster
Dunwody Etheridge Farrar Flynt Griffin Hale Hall Harris, R. W. Herndon Holder Houston Hull Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Laite
Lambert Lee, G. B. Leonard Mauney McClelland McCracken Mitchell Moate Moore, Don C. Nessmith, P. Newton, A. S. Parker Peterson Phillips, G. S. Pickard Poss Rainey Reaves Rhodes Rodgers, H. B.
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22<>8
Rogers, Jimmie Rowland Shuman Smith, A. B. Smith, Chas. C. Smith, G. L. II
Smith, J. R. Stalnaker Sweat Tucker, Ray M. Underwood Vaughn, C. R.
Watson Wells Wilson Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 135. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Code Section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital, and for other purposes.
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 Balkcom Barber Beck Bedgood Bowen, J. O. Branch Brown, Gene Busbee Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Crowe Dailey
Dean DeVane Dickinson Dixon Dorminy Duncan, A. C. Duncan, V. W. Floyd Gary Grahl Griffis Harrell Harrington Harris, J. F. Harris, J. R. Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B.
Jordan, Ben C. Kelly Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McDaniell McKemie McRae Melton
2264
Milhollin Minge Mixon Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Odom Oglesby Otwell Overby Pafford Page Paris Perry Peterson Potts
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Richardson Roberts Roper Ross Rowland Russell Savage Sewell Shea Simkins Simmons
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker
Steis Story Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
Voting in the negative were Messrs. Ballard and Evans.
Those not voting were Messrs.:
Acree Anderson Arnsdorff Black Blair Blalock Bolton Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Carr Coker, G., Dr. Coker, R. Colwell Conger Conner
Davis DeLoach Dollar Doster Dunwody Etheridge
Farrar Flynt
Fulford Griffin Hale Hall Harris, R. W. Henderson Herndon Holder Houston Hull Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Laite Lambert Leonard
Looper Mauney McClelland McCracken Merritt Mitchell
Moate Newton, A. S.
Newton, D. L. Parker Phillips, G. S. Phillips, L. L. Pickard Pope Poss Rainey Reaves Reid Rhodes Rodgers, H. B. Rogers, Jimmie Rush Shuman Simpson Singer Smith, A. B. Smith, G. L. II Strickland
Sweat Wells White Wilson Woodward Mr. Speaker
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2265
On the passage of the Bill, the ayes were 120, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Ballard of Newton stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
SB 87. By Senator Hill of the 29th: A Bill to be entitled an Act to amend an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of 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.:
Acree Alien Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Blair
Bowen, J. 0. Brackin Brinkley
Brooks, Geo. B. Brown, Gene Busbee Bynum Byrd Caldwell Chandler
Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R.
Collins, J. F.
Collins, M. Colwell Conger Conner Crowe Dailey Dean DeVane Dickinson Dollar
Duncan, A. C. Floyd Gary
Grahl Griffis Harrington Harris, J. F. Harris, J. R. Henderson Herndon
Holder Howell Hudgins Hutchinson
Irvin
Johnson, Dr. A. S. Johnson, B. Jones, M. Jordan, Ben C. Lambert Lee, P. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B.
Looper Lovett Lowrey
Luke Maddox Marshall Matthews, C. Mauldin Mauney McDaniell
McRae Melton Merritt Milhollin
Minge
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Mitchell Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford
Parker Perry Peterson Phillips, L. L. Pope
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Reid Richardson Roberts Roper Ross Rush Russell Savage Sewell Shea Simkins Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker
Steis Story Sweat Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Abney Anderson Black Blalock Bolton Bowen, R. L. Branch Brooks, Wilson Brown, M. P. Carr Davis DeLoach Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Griffin Hale Hall Harrell
Harris, J. R. Houston Hull Jessup Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Leonard Matthews, D. R. McClelland McCracken McKemie Mixon Moore, J. H. Newton, D. L. Otwell Paris Phillips, G. S. Poss Pickard
Potts Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Strickland Thomason Underwood Vaughn, C. R. Walker Wells White Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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SB 82. By Senator Searcey of the 2nd:
A Bill to be entitled an Act to amend Code Section 107-205, relating to the petition for a release of the defendant in any action for the recovery of personal property in which bail is required, and for other purposes.
The following Committee amendment was read and adopted;
AMENDMENT
The Committee on Judiciary moves to amend Senate Bill 82 by adding in Section I line four after the word "notice" and before the word "to" the words: "not to exceed 5 days".
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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Blair Bowen, J. 0. Brinkley Brooks, Geo. B. Busbee Byrd Caldwell Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dean DeVane Dickinson Dixon
Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Ployd Gary Grahl Griffis Harrington Harris, J. F. Henderson Herndon Holder Howell Hudgins Hull Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Knight, W. D. Lambert Lee, F. S. Lee, G. B.
Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McRae Melton Merritt Minge Mitchell Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford
2268
Page Parker Perry Phillips, L. L. Pope Reid Richardson Roberts Roper Ross Rowland Rush Russell Savage
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Sewell Shea Simkins Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Sweat Tabb Thomason
Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wells Wiggins Williams, W. M. Wright
Those not voting were Messrs.:
Anderson Bagby Black Blalock Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Bynum Carr Chandler Clark, J. T. Conger Dailey Davis DeLoach Dollar Dorminy Doster Parrar Flynt Fulford Griffin
Hale Hall Harrell Harris, J. R. Harris, R. W. Houston Irvin Jones, C. M. Jordan, Ben C. Jordan, W. H. Kelly Knight, D. W. Laite Lane Lee, W. J. (Bill) Leonard Matthews, D. R. McClelland McKemie Milhollin Mixon Moate Moore, Don C. Nessmith, P. Newton, D. L. Paris Peterson
Phillips, G. S. Pickard Poss Potts Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Shuman Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Stalnaker Strickland Thomas Underwood White Williams, G. J. Wilson Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th:
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 Ga., and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 163), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), so as to change the provisions relating to credit for service in the armed forces of the United States; to provide for interest on contri butions ; to specify the time within which contributions and interest shall be paid into the fund; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 163), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), is hereby amended by striking the last paragraph of Section 9 in its entirety and inserting in lieu thereof a new last paragraph to read as follows:
"Provided, further, that in computing years of service as a solicitor-general, credit shall be given for service in the armed forces of the United States occasioned by only one of the national emergencies of either of the following. World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided hereinabove for each year or fraction of year of such service in the armed forces together with an amount of money equivalent to six percent (6%) simple interest on said sum of money for each year from the beginning of his service as a solicitor-general until the date of paying the contri butions into the fund, whereupon the solicitor-general shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made within six months after the approval of this Act or within six months from the beginning of his service as a solicitorgeneral, whichever is later."
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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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Blair Bowen, J. O. Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeVane Duncan, V. W. Dunwody Etheridge Parrar Floyd Gary
Grahl Harrington Harris, J. F. Herndon Holder Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lewis, E. B. Lovett Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McKemie McRae Melton Merritt Minge Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom
Oglesby Otwell Overby Page Perry Phillips, L. L. Pope Richardson Roberts Roper Ross Rush ' Russell Savage Sewell Shea Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Steis Story Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Woodward Wright
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2271
Those voting in the negative were Messrs.:
Dickinson Jordan, Ben C. Matthews, D. R.
Nessmith, P. Pafford Reid
Rhodes Simkins Wiggins
Those not voting were Messrs.:
Anderson Bagby Black Blalock Bolton Brackin Branch Brantley Brown, Gene Carr Chandler Conger Davis DeLoach Dixon Dollar Dorminy Doster Duncan, A. C. Evans Flynt Fulford Griffin Griffis Hale Hall Harrell
Harris, J. R. Harris, R. W. Henderson Houston Hull Irvin Johnson, B. Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Laite Lane Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Luke McClelland McCracken McDaniell Milhollin Moate Moore, Don C. Newton, D. L. Paris Parker
Peterson Phillips, G. S. Pickard Poss Potts Rainey Reaves Rodgers, H. B. Rogers, Jimmie Rowland Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Stalnaker Strickland Sweat Thomas Underwood Wells White Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 114, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 56. By Senator Johnson of the 42nd: A Bill to be entitled an Act amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking and amending an Act fixing certain salaries, and for other purposes.
Mr. NeSmi^h of Meriwether moved that further consideration of SB 56 be postponed until Friday, March 12, 1965 and the motion prevailed.
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Further consideration of SB 56 was postponed until March 12, 1965.
SB 39. By Senator Miller of the 43rd:
A Bill to be entitled an Act to prohibit the hunting and taking of owls, and for other purposes.
Mr. Bagby of Paulding moved that SB 39 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 Arnsdorff Bagby Ballard Barber Beck Bedgood Black Blair Bowen, R. L. Brinkley Brown, M. P. Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Collins, J. F. Collins, M. Crowe Dailey Dean DeLoach DeVane Dickinson Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Fulford Grahl Griffis
Harrington Harris, J. F. Henderson Holder Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Lovett Lowrey Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon
Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Page Parker Perry Peterson Pope Poss Potts Reid Rhodes Richardson Roberts Ross Rush Russell Savage Sewell Shea Simmons
Smith, J. R. Smith, V. T. Spillers Stain aker Story Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N. Walker
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2273
Watkins Watson Wells Wiggins
Williams, G. J. Woodward Wright
Those voting in the negative were Messrs.:
Coker, G., Dr. Evans Farrar Hull
Jones, G. Paul Jordan, Ben C. Luke Matthews, D. R.
Milhollin Simkins Williams, W. M.
Those not voting were Messrs.:
Anderson Balkcom Blalock Bolton Bowen, J. O. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Coker, R. Colwell Conger Davis Dixon Dollar Etheridge Floyd Flynt Gary Griffin Hale
Hall Harrell Harris, J. R. Harris, R. W. Herndon Houston Irvin Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Lee, W. J. (Bill) Lewis, P. B. McLelland Moate Moore, Don C. Murphy Nessmith, P. Newton, D. L. Pafford Paris Phillips. G. S. Phillips. L. L. Pickard
Rainey Reaves Rodgers, H.B. Rogers, Jimmie Roper Rowland Shunian Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Steis Strickland Thomas Ware White Wilson Mr. Speaker
On the motion to table, the ayes were 122, nays 11.
The motion prevailed and SB 39 was laid on the Table.
SR 43. By Senators Broun of the 46th and Webb of the llth: A RESOLUTION
Proposing an amendment to the Constitution so as to redefine the
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power of the General Assembly relative to creating county commis sioners; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution is hereby amended by striking Article VI, Section XVII in its entirety and redesignating Article VI, Section XVIII as Section XVII and by adding immediately after Article XI Section II, Paragraph II a new Paragraph to be designated Paragraph III to read as follows:
"Paragraph III. Power to Create County Commissioners.-- The General Assembly may create county commissioners in any county by local act, which shall include the authority to create a single county commissioner. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. Such commissioners shall be the governing authority of the county and such local act shall provide the qualification, terms and com pensation thereof. Such commissioners shall have the powers and duties provided in this Constitution and such powers and duties as may be provided in such local act. In prescribing such powers and duties, the local act may grant such commissioners any or all of the powers and duties provided by general law for the ordinary when serving as governing authority of the county, but such com missioners may not be granted any other powers or duties which are in conflict with the provisions of any general law. County commissioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed, in such manner as may be provided by local act."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia
of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to reNO ( ) define the power of the General Assembly rela tive to creating county commissioners?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph
THURSDAY, MARCH 11, 1965
2275
of the Constitution, 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. Odom of Dougherty moved that SR 43 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.
Acree Alien Arnsdorff Ballard Barber Beck Black Busbee Bynum Caldwell Coker, G., Dr. Coker, R. Collins, J. P. Dailey Dorminy Doster Duncan, V. W. Dunwody Fulford Gary Grahl Harrington Harris, J. F. Henderson Herndon Holder
Hull Hutchinson Jessup Jordan, Ben C. Kelly Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lovett Luke Marshall Mauldin Mauney McCracken McDaniell McRae Melton Merritt Mixon Moses NeSmith, J. D. Newton, A. S.
Odom Overby Parker Peterson Phillips, G. S. Phillips, L. L. Pope Potts Reid Richardson Roberts Ross Rush Savage Sewell Simkins Simmons Stalnaker Story Tidwell Vaughan, D. N. Watkins Watson Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.:
Abney Blair Brinkley Brooks, Geo. B. Crowe Dean Dixon Duncan, A. C. Farrar Harris, J. R. Howell
Johnson, B. Jones, M. Lowrey Maddox Matthews, D. R. Milhollin Minge Mitchell Moore, J. H. Murphy Rhodes
Rowland Shea Smith, V. T. Snow Steis Tabb Thomas Tucker, Ray M. Vaughn, C. R. Williams, G. J. Woodward
2276
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Bagby Balkcom Bedgood Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene Brown, M. P. Byrd Chandler Clark, J. T. Clarke, H. G. Collins, M. Colwell Conger Conner Davis DeLoach DeVane Dickinson Dollar Etheridge Evans Floyd Flvnt
Griffin Griffis Hale Hall Harrell Harris, R. W. Houston Hudgins Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lewis, P. B. Looper Matthews, C. McClelland McKemie Moate Moore, Don C. Nessmith, P. Newton, D. L. Oglesby Otwell Pafford Page Paris
Perry Pickard Poss Rainey Reaves Rodgers, H. B. Rogers, Jimmie
Roper Russell Shuman Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Spikes Spillers Strickland Sweat Thomason Tucker, J. B. Underwood Walker Ware Wells White Wilson Mr. Speaker
On the motion to Table the ayes were 79, nays 33.
The motion prevailed and SR 43 was laid on the Table.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 225-612. By Mr. Conner of Jeff Davis: A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices,", and for other purposes.
The following Senate amendment was read:
THURSDAY, MARCH 11, 1965
2277
The Senate moves to amend HR 225 as follows:
By striking from the first resolving clause the word and symbol "three (3)" and substituting in lieu thereof the following: "five (5)".
Mr. Conner of Jeff Davis moves 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.:
Brown, M. P. Clark, J. T. Coker, R. Collins, J. P. Collins, M. Dean Doster Dunwody Farrar Howell
Hudgins Jones, F. C. Jones, G. Paul Laite Lambert Lewis, P. B. McDaniell Page Perry Potts
Reid Simkins Spikes Steis Tabb Tucker, J. B. Vaughan, D. N. Wiggins
Those voting in the negative were Messrs.:
Abney Alien Arnsdorff Ballard Beck Blair Brinkley Brooks, Geo. B. Busbee Bynum Clarke, H. G. Coker, G., Dr. Crowe Dickinson Duncan, A. C. Evans Floyd Grahl Harrington Harris, J. F. Henderson Herndon Holder Hutchinson
Jessup Jones, M. Kelly Lane Lee, F. S. Lee, G. B. Leonard Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McRae Milhollin Minge Mitchell Mixon Moore, J. H. Murphy NeSmith, J. D. Newton, D. L.
Odom Otwell Overby Pafford Paris Parker Pope Rhodes Richardson Ross Rush Savage Sewell Shea Simpson Smith, J. R. Smith, V. T. Snow Spillers Story Sweat Thomas Thomason Tidwell
2278
Tucker, Ray M. Watkins
JOURNAL OF THE HOUSE,
Watson Williams, G. J.
Wright
Those not voting were Messrs.:
Acree Anderson Bagby Balkcom Barber Bedgood Black Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene Byrd Caldwell Carr Chandler Colwell Conger Conner Dailey Da vis DeLoach DeVane Dixon Dollar Dorminy Duncan, V. W. Etheridge Flynt
Fulford Gary Griffin Griffis Hale Hall Harrell Harris, J. R. Harris, R. W. Houston Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Lewis, E. B. Looper Mauldin McClelland McCracken McKemie Melton Merritt Moate Moore, Don C. Moses Newton, A. S. Oglesby
Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Rainey Reaves Roberts Rodgers, H. B. Rogers, Jimmie Roper Rowland Russell Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Stalnaker Strickland Underwood Vaughn, C. R. Walker Ware Wells White Williams, W. M. Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 28, nays 78.
The motion Lost and the House has disagreed to the Senate amendment.
HR 238-657. By Messrs. Newton of Colquitt and others:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public schools, and for other purposes.
THURSDAY, MARCH 11, 1965
2279
The following Senate amendment was read:
Rules Committee amends HR 238-657 by striking the following words, phrases and numerals from that paragraph of said Resolution beginning "Be it further resolved. . . ":
1. Strike "five (5) members of the House of Representives to be appointed by the Governor"
and substituting in lieu thereof:
"five members of the House of Representatives to be appointed by the Speaker of the House;"
2. Strike "five (5) members of the Senate to be appointed by the Governor;"
and substituting in lieu thereof:
"five members of the Senate to be appointed by the Lieutenant Governor"
3. Strike "and the Governor shall be authorized to appoint ten (10) other citizens of Georgia."
4. Strike "The legislative members of the committee and the citizens appointed by the Governor shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees."
and substituting in lieu thereof:
"The legislative members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees."
Mr. Newton of Colquitt moved that the House disagree to the Senate amend ment.
On the motion to disagree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien
Arnsdorff Balkcom
Ballard Barber
2280
Beck Black Blair Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Byrd Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dailey Dean DeVane Dickinson Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Farrar Fulford Gary Grahl Harrell Harrington Harris, J. F. Harris, J. R. Henderson Herndon Holder Howell Hudgins
JOURNAL OF THE HOUSE,
Hutchinson Jessup Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
Kelly Lane Lee, F. S. Lee, G. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauney McCracken McDaniell McRae Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford
Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Potts Reid Rhodes Richardson Roberts Roper Ross Rush Simkins Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers Stalnaker Steis Story Sweat Tabb Thomason Tucker, Ray M. Underwood Vaughan Ware Watkins Watson Wells Wiggins Williams, G. J. Wright
Those not voting were Messrs.:
Abney Anderson
Bagby Bedgood Blalock Bolton Bowen, J. O. Brackin Branch Brantley Brown, Gene
Caldwell Carr Chandler Colwell Conger Conner Davis DeLoach Dollar Dorminy Etheridge
Evans Floyd Flynt Griffin Griffis Hale Hall Harris, R. W. Houston Hull Irvin
Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Mauldin McClelland McKemie Melton Moate
THURSDAY, MARCH 11, 1965
2281
Moore, Don C. Peterson Pickard Poss Rainey Reaves Rodgers, H. B. Rogers, Jimmie Rowland Russell Savage Sewell Shea Shuman Simmons Singer
Smith, A. B. Smith, Chas. C. Smith, G. L. II Snow Strickland Thomas Tidwell Tucker, J. B. Vaughn, C. R. Walker White Williams, W. M. Wilson Woodward Mr. Speaker
On the motion to disagree, the ayes were 124, nays 0.
The House has disagreed to the Senate amendment to HR 238-657.
HB 567. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges of said court, and for other purposes.
The following Senate amendment was read:
The Fulton County Senate Delegation moves to amend HB 567 by adding a new section as follows:
Section 4. The effective date of this Act shall be January 1, 1966.
Mr. Brooks of Fulton moved that the House agree to the Senate amendment.
On the motion to agree the ayes were 110, nays 0.
The House has agreed to the Senate amendment to HB 567.
HB 563. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Bill to be entitled an Act to fix the salaries of the judges of Juvenile
2282
JOURNAL OF THE HOUSE,
Courts in counties of a certain population, and for other purposes.
The following Senate amendment was read:
The Fulton County Senate Delegation moves to amend HB 563 by adding a new section as follows:
Section 3. The effective date of this Act shall be January 1, 1966.
Mr. Brooks of Fulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The House has agreed to the Senate amendment to HB 563.
HB 623. By Messrs. Brooks, Etheridge and McClelland 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 of said Circuit, so as to fix the compen sation of the Solicitor-General of said Circuit, and for other purposes.
The following Senate amendment was read:
The Committee on C & M moves to amend HB 623 as follows:
By inserting in the title thereof immediately before the phrase "to repeal conflicting laws" the following:
"to change the number of trial assistant solicitors-general that may be appointed;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting following Section 1 a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking the word and figure "ten (10)" as they appear in the first sentence of Sec tion 5 and substituting in lieu thereof the word and figure "eleven (11)", so that when so amended Section 5 shall read as follows:
" 'Section 5. The solicitor-general of the said Judicial Circuit shall have the power and he is hereby empowered to appoint one (1) first assistant solicitor-general and eleven (11) trial assistant solicitors-general, and shall require from each of them bond in the
THURSDAY, MARCH 11, 1965
2283
sum of five thousand dollars ($5,000.00) of the same nature and character as the bond of the solicitor-general, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the solicitor-general. The powers and duties of the first assistant solictor-general, when acting for the solicitor-general, shall be the same as those of the solicitor-general. The powers and duties of the trial assistant solicitors-general shall be to try, and assist in the trial of, cases in the several courts, including the ap pellate courts of this State and such other duties as may be as signed by the solicitor-general of the Atlanta Judicial Circuit. They shall not serve beyond the term of their principal and shall be sub ject to removal at any time by the said principal.' "
The Fulton County Senate Delegation moves to amend HB 623 by adding a new section as follows:
Section 4. The effective date of this Act shall be January 1, 1966.
Mr. Brooks of Pulton moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 110, nays 0.
The House has agreed to the Senate amendments to HB 623.
HB 565. By Messrs. McClelland, Brooks and Etheridge of Pulton: A Bill to be entitled an Act to amend an Act entitled "An Act to establish the Criminal Court of Atlanta", so as to adjust, increase and fix the annual salaries of the Judges and the Solicitor General of said Criminal Court of Fulton County, and for other purposes.
The following Senate amendment was read: The Fulton County Senate Delegation moves to amend HB 565 by
adding a new section as follows: Section 4. The effective date of this Act shall be January 1, 1966.
Mr. Brooks of Fulton 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 565 was agreed to.
2284
JOURNAL OF THE HOUSE,
HR 133-230. By Messrs. Clarke of Monroe and Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to re quire notice of candidacy for write-in candidates, and for other purposes.
The following Senate amendment was read:
Senator Gayner of the 6th moves to amend HR 133 as follows: By striking from Section 1 the word "ten" and substituting in lieu
thereof the word "twenty".
Mr. Clarke of Monroe 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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Blair Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Crowe Dailey Dean DeVane Dixon Dorminy
Duncan, A. C. Duncan, V. W. Dunwody Ployd Pulford Gary Harrington Harris, J. F. Henderson Herndon Holder Howell Jessup Jones, M. Jordan, Ben C. Kelly Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall
Matthews, C. Matthews, D. R. Mauldin Mauney McDaniell McRae Melton Merritt Milhollin Minge Mitchell Mixon Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Phillips, L. L. Pope Reid Rhodes Richardson Roberts Ross
THURSDAY, MARCH 11, 1965
2285
Rowland Rush Sewell Shea Simkins Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow
Spikes Spillers Steis Story Tabb Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M.
Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Woodward
Those voting in the negative were Messrs.:
Paris
Watkins
Wright
Those not voting were Messrs.:
Anderson Bagby Black Blalock Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brown, Gene Brown, M. P. Caldwell Chandler Colwell Conger Conner Davis DeLoach Dickinson Dollar Doster Etheridge Evans Farrar Flynt Grahl Griffin Griffis
Hale Hall Harrell Harris, J. R. Harris, R. W. Houston Hudgins Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Lee, W. J. (Bill) Leonard Looper McClelland McCracken McKemie Moate Moore, Don C. Nessmith, P. Newton, D. L. Page Parker
Perry Peterson Phillips, G. S. Pickard
Potts Rainey Reaves Rodgers, H. B. Rogers, Jimmie Roper Russell Savage Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Stalnaker Strickland Sweat Underwood White Williams, W. M. Wilson Mr. Speaker
On the motion to agree, the ayes were 116, nays 3.
The House has agreed to the Senate amendment to HR 133-230.
2286
JOURNAL OF THE HOUSE,
HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield and others:
A Bill to be entitled an Act amending an Act amending Section 92-5301 of the Code by changing the classes and amount of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due, and for other purposes.
The following Senate amendment was read:
The Rules Committee moves to amend HB 226 as follows:
By striking from that portion of Section 1 wherein a new Section 3 is inserted the figures and dollar sign "$8,001.00" and substituting in lieu thereof the dollar sign and figures "$8,000.00".
Mr. Ware of Troup 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 Arnsdorff Balkcom Barber Beck Bedgood Blair Bowen, J. O. Brackin Byrd Caldwell Clarke, H. G. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey DeLoach DeVane Dickinson Dollar
Duncan, A. C. Duncan, V. W.
Floyd Flynt Gary Grahl Griffis Harris, J. F. Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jordan. W. H. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke
Maddox Marshall
Matthews, C. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Mitchell Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Overby Pafford Page Parker Peterson Phillips, L. L.
Pope Potts
Reid Richardson Roberts Roper Ross Russell Sewell Shea Simkins
THURSDAY, MARCH 11, 1965
2287
Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Tabb Tidwell
Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Ware Wiggins Williams, W. M. Wright
Those voting in the negative were Messrs.:
Ballard Branch Brown, Gene Dean Dixon
Milhollin Minge Murphy Paris Spillers
Those not voting were Messrs.:
Anderson Bagby Black Blalock Bolton Bowen, R. L. Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Bynum Carr Chandler Clark, J. T. Coker, R. Conner Davis Dorminy Doster Dunwody Etheridge Evans Farrar Fulford Griffin Hale Hall
Harrell Harrington Harris, J. R. Harris, R. W. Henderson Herndon Houston Hudgins Hull Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Kelly Knight, D. W. Laite Leonard Matthews, D. R. McClelland Moate Newton, D. L. Otwell Perry Phillips, G. S. Pickard Poss Rainey
Story Sweat Watson
Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Rush Savage Shuman Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Strickland Thomas Thomason Tucker, J. B. Underwood Walker Watkins Wells White Williams, G. J. Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 106, nays 13.
2288
JOURNAL OF THE HOUSE,
The House has agreed to the Senate amendment to HB 226.
Mr. Etheridge of Pulton moved that the House insists on its position on the following Bill of the Senate and requested that a Committee of Conference be appointed:
SB 103. By Senator 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, relating to public water supply, and for other purposes.
The motion prevailed and the Speaker appointed the following members as a Committee of Conference on the part of the House:
Messrs. Harris of DeKalb, Bowen of DeKalb and Etheridge of Fulton.
Mr. Herndon of Appling moved that the House recede from its position in disagreeing to the Senate amendments to the following Bills of the House:
HB 538. 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 Appling County, so as to provide for an annual audit, and for other purposes.
The motion prevailed and the House has receded and the following Senate amendment to HB 538 was read:
By inserting in the title between the word "statement" and the word "to" the following:
"to provide for a referendum;" and
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. It shall be the duty of the ordinary of Appling County, after the date of the approval of this Act by the Governor or after it otherwise becomes law, to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall set the elec tion for Tuesday after the first Monday in November, 1966. The ordinary shall cause the date and purpose of the election to be
THURSDAY, MARCH 11, 1965
2289
published once a week for two weeks immediately preceding the date thereof in the official organ of Appling County. The ballot shall have written or printed thereon the words:
'For approval of the Act to provide for an annual audit and the publication thereof and to provide for the publication of a quarterly balance sheet and operating statement of the county.
'Against approval of the Act to provide for an annual audit and the publication thereof and to provide for the publication of a quarterly balance sheet and operating statement of the 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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling 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 otherwisa 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."
Mr. Herndon of Appling moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 538.
HB 608. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system so as to change the com pensation of the secretary of the sheriff of Appling County, and for other purposes.
The motion prevailed and the House has receded and the following Senate amendment was read:
By inserting between the word "year" and the word "to" the following:
"to provide for a referendum;" and
By renumbering Section 6 as Section 7 and inserting a new Section 6 to read as follows:
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JOURNAL OP THE HOUSE,
"Section 6. It shall he the duty of the ordinary of Appling County, after the date of the approval of this Act by the Governor or after it otherwise becomes law, to issue the call for an election for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall set the election for Tuesday after the first Monday in November, 1966. 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 Appling County. The ballot shall have writ ten or printed thereon the words:
'For approval of the Act to change the compensation of the secretary of the sheriff; to provide that the tax collector of Appl ing County shall not receive those commissions allowed local tax officials who serve as agents of the State Revenue Commissioner for the sale of motor vehicle license plates; and to provide that the grand jury of Appling County shall fix the proposed budget of expenditures for the carrying out of the powers, duties and operations of the offices of the sheriff, clerk of the superior court, and tax collector for the ensuing fiscal year.
'Against approval of the Act to change the compensation of the secretary of the sheriff; to provide that the tax collector of Appling County shall not receive those commissions allowed local tax officials who serve as agents of the State Revenue Commissioner for the sale of motor vehicle license plates; and to provide that the grand jury of Appling County shall fix the proposed budget of expenditures for the carrying out of the powers, duties and opera tions of the offices of the sheriff, clerk of the superior court, and tax collector for the ensuing fiscal year.'
"All presons 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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling 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."
Mr. Herndon of Appling moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 103, nays 0.
THURSDAY, MARCH 11, 1965
2291
The House has agreed to the Senate amendment to HB 608.
Mr. Bolton of Spalding moved that this House do now adjourn until 9:30 o'clock a.m. tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock a.m. tomorrow.
2292
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, Friday, March 12, 1965.
The House met pursuant to adjournment at 9:30 o'clock, A.M., this day was called to order by the Speaker.
Prayer was offered by Rev. Alastair C. Walker, Pastor 1st Baptist Church, Griffin, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Black of Webster, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of 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:
FRIDAY, MARCH 12, 1965
2293
Mr. Speaker:
Your Committee on Rules met and, pursuant to the Rules of the House, fixed the Calendar for Friday, March 12, 1965, in the morning, and submits the following:
SB 56. Department of Banking, salaries (Postponed) SB 63. Railroads, blocking crossing SB 96. Contract marriage, Amend SB 139. Audits and accounts, duties SB 218. Retirement System, certain members SR 69. Relieve Security Bond, Reddish SR 71. Resources Advisory Board SB 182. Relating to dispossessory warrants SB 184. Teachers' Retirement, earnable compensation
The Speaker shall have the right to call the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding,
Vice-Chairman.
By unanimous consent, the following Resolution of the House was read the first time and referred to the Committee:
HR 311-704. By Mr. McClelland of Fulton:
A Resolution authorizing a survey to be made by the Secretary of State; and for other purposes.
Referred to the Committee on State Institutions and Property.
Mr. Harris of DeKalb County, Vice-Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate, and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
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JOURNAL OP THE HOUSE,
SB 195. Do Pass.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Harris of DeKalb County, Vice-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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 90. Do Pass. SR 30. Do Pass. SR 96. Do Pass, as Amended. SB 163. Do Not Pass.
Respectfully submitted, Harris of DeKalb, Vice-Chairman.
Mr. Tucker of Catoosa County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 209. Do Pass, by Substitute. Respectfully submitted, Tucker of Catoosa, Chairman.
Mr. Tucker of Catoosa County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following
FRIDAY, MARCH 12, 1965
2295
Bills and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 90. Do Pass. SR 84. Do Pass. SB 165. Do Pass. SB 168. Do Pass. SB 216. Do Pass.
Respectfully submitted,
Tucker of Catoosa,
Chairman.
Mr. Etheridge of Fulton County, Vice-Chairman of the Committee on Local
Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills of the Senate, and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 198. Do Pass. SB 199. Do Pass.
Respectfully submitted, Etheridge of Fulton, Vice-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 House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 140. Do Pass, as Amended. Respectfully submitted, Bolton of Spalding, Vice-Chairman.
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JOURNAL OP THE HOUSE,
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 lutions of the House and Senate and has instructed me as Vice-Chairman, to re port the same back to the House with the following recommendations:
HR 270. Do Pass.
SR 92. Do Pass. Respectfully submitted,
Bolton of Spalding,
Vice-Chairman.
Mr. Bagby of Paulding 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 141. Do Pass. Respectfully submitted, Bagby of Paulding, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 150. By Senators Hall of the 52nd and Smalley of the 28th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health, approved March 18, 1964 (Ga. L. 1964, p. 499), and for other purposes.
The Senate insists on its position on the following Resolution of the House
FRIDAY, MARCH 12, 1965
2297
and respectfully asks that a Committee of Conference be appointed:
HR 238-657. By Messrs. Newton of Colquitt, Irvin of Habersham and others:
Creating an interim committee to study all matters concerning the relationship between the costs incurred by the State government and the cost incurred by local governments in operating the public schools of Georgia; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Rowan of the 8th, Carter of the 14th and Kilpatrick of the 32nd.
The Senate insists on its position on the following Resolution of the House and respectfully asks that a Committee of Conference be appointed:
HR 225-612. By Mr. Conner of Jeff Davis: A Resolution creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose of studying fire insurance underwriting practices which prevail in the State; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Lee of the 47th, Smith of the 18th and Gayner of the 5th:
Mr. Speaker:
The Senate agrees to House substitute to the following Bill of the Senate:
SB 110. By Senators Smalley of the 28th, and Kilpatrick of the 44th: A Bill to amend an Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved Feb. 17, 1949 (Ga. L. 1949, p. 780), as amended; and for other purposes.
The Senate agrees to House amendment to the following Bills of the Senate:
SB 82. By Senator Searcey of the 2nd: A Bill to amend Code Section 107-205, relating to the petition for a release of the defendant in any action for the recovery of personal property in which bail is required; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 136. By Senator Kidd of the 25th:
A Bill to amend Code Chap. 88-5, relating to the voluntary and involun tary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of a psychiatric hospital as being restored to mental health; and for other purposes.
SB 159. By Senators Webb of the llth and Jackson of the 16th: A Bill to amend an Act creating the Georgia Historical Commission,
approved Feb. 21, 1951 (Ga. L. 1951, pp. 789-794), as amended, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate agrees to House amendment to the following Bill of the Senate: SB 100. By Senator Johnson of the 42nd:
A Bill to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one dollar; and for other purposes.
The Senate agrees to House substitute to the following Bill of the Senate:
SB 33. By Senator Carter of the 14th: A Bill to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions approved March 13, 1957 (Ga. L. 1957, p. 420), as amended; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House, to-wit:
HB 132. By Mr. Bolton of Spalding: A Bill to amend Code Sec. 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; and for other purposes.
FRIDAY, MARCH 12, 1965
2299
HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar and others:
A Bill to amend an Act authorizing the chartering and empowering of corporations and amending, revising and perfecting the corporation laws of this State, and to amend Sec. 22-1607 of the Code of Ga. of 1933, relating to the examination of petitions for the domestication of foreign corporations; and for other purposes.
HB 661. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, and the Ordinary of Dougherty County upon an annual salary, so as to change the compensation of the Sheriff and the Clerk of the Superior Court; and for other purposes.
HB 662. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
HB 663. By Mr. Strickland of Evans:
A Bill to amend an Act governing and regulating the use of the public roads and highways of this State so as to provide that farming equip ment may exceed the prescribed width, length or height without re quiring a special permit, when such equipment is being operated upon certain public roads or highways during daylight hours within a certain radius of the owner's residence; and for other purposes.
HB 665. By Mr. Mixon of Irwin:
A Bill to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof; and for other purposes.
HB 666. By Mr. Vaughn of Rockdale:
A Bill to amend an Act providing appropriations for the State Govern ment for the fiscal year 1963-4 and the fiscal year 1964-64, so as to clarify provisions relating to the purposes of appropriations for the Legislative Branch; and for other purposes.
HB 667. By Messrs. Story and Watson of Gwinnett:
A Bill to amend an Act creating a new charter for the City of Lawrenceville, so as to authorize the mayor and council of said city to fix
2300
JOURNAL OF THE HOUSE,
a reasonable entrance fee for all candidates for the office of mayor and council of said city; and for other purposes.
HB 668. By Messrs. Story and Watson of Gwinnett:
A Bill to amend an Act placing certain designated officers of Gwinnett County on a salary basis, so as to change the compensation of the Ordinary of Gwinnett County; and for other purposes.
HB 669. By Messrs. Story and Watson of Gwinnett: A Bill to amend an Act entitled "An Act to create a new charter and municipal government for the City of Buford, so as to change the com pensation of the city manager; and for other purposes.
HB 212. By Mr. Bowen of Dooly: A Bill to amend an Act found in Georgia Laws, 1920, so as to alter the cooperate limits of the City of Unadilla; and for other purposes.
HB 415. By Mr. Singer of Stewart: A Bill to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; and for other purposes.
HB 517. By Mr. Rowland of Johnson: A Bill to repeal an Act entitled "An Act to provide that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of 1%% of the net amount collected by the county tax collectors;"; and for other purposes.
HB 518. By Mr. Rowland of Johnson: A Bill to amend an Act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other purposes.
HB 605. By Mr. McKemie of Clay: A Bill to amend an Act creating a new charter for the City of Fort Gaines, so as to change the corporate limits; and for other purposes.
HB 639. By Mr. Tabb of Miller: A Bill to abolish the present mode of compensating the sheriff of Miller County, known as the fee system; and for other purposes.
FRIDAY, MARCH 12, 1965
2301
HB 654. By Messrs. Harris, Bowen and Farrar of DeKalb:
A Bill to amend the Act creating a system of pensions and retirement pay for officers, deputies and employees of DeKalb County, so as to provide pension benefits for certain professional employees; and for other purposes.
HB 655. By Messrs. Brooks, Etheridge and McClelland of Fulton and others: A Bill to amend an Act to provide a system of pensions for officers and employees of cities having a population of more than 150,000, so as to provide for the transfer of funds and matching funds credited to the account of any member who is transferred to the county in which such city is located in whole or in part; and for other purposes.
HB 656. By Messrs. Abney and Snow of Walker: A Bill to place the coroner of Walker County upon a monthly salary; and for other purposes.
HB 658. By Mr. Harris of DeKalb: A Bill to authorize the DeKalb County Board of Education to employ a firm of auditors to audit the books and affairs of the DeKalb County School System; and for other purposes.
HB 288. By Messrs. Richardson, Sewell and Shea of Chatham:
A Bill to amend an Act entitled "An Act to incorporate the 'Georgia Historical Society' ", so as to designate and name new members of the Society; and for other purposes.
HB 292. By Messrs. Simkins and Luke of Richmond, Poss of Madison and others:
A Bill to amend an Act entitled "An Act to provide that any person who shall have reached his or her 18th birthday and who is married may execute notes, loan deeds, deeds to secure debts, for the purpose of securing loans on real estate", so as to authorize certain minors to execute conditional sales contracts for the purchase of personality; and for other purposes.
HB 296. By Mr. Jones of Liberty:
A Bill to amend Code Sec. 56-1022 of the Georgia Insurance Code, re lating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue holds a senior participation to the insurer; and for other purposes.
2302
JOURNAL OF THE HOUSE,
HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade and others:
A Bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes.
HB 516. By Messrs. Harris, Etheridge and Brooks of Fulton:
A Bill to amend Code Chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effec tively counties, municipalities, towns, or cities joining in the creation of a hospital authority; and for other purposes.
HR 160-313. By Mr. Newton of Jenkins:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes.
HR 210-558. By Messrs. Steis of Harris, Duncan, McDaniell and Jordan of Cobb:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent federal funds; and for other purposes.
HR 211-558. By Messrs. Steis of Harris, Floyd of Chattooga and others:
A Resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the County of Glynn to be used as a site for construction of an armory for the Georgia Air National Guard with one hundred percent federal funds; and for other purposes.
HR 215-576. By Mr. Smith of Grady:
A Resolution authorizing the conveyance of certain property to Grady County; and for other purposes.
HR 241-677. By Mr. Walker of Lowndes:
A Resolution authorizing the conveyance of a certain tract or parcel of land located in Lowndes County, Georgia to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin; and for other purposes.
FRIDAY, MARCH 12, 1965
2303
HB 524. By Messrs. Pope of Cherokee, Overby of Hall and others:
A Bill to be known as the "Georgia Biological Permit Act" to safe guard the public health and promote the public welfare; and for other purposes.
HB 526. By Messrs. Pope and Coker of Cherokee:
A Bill to amend an Act relating to the exemption of property from taxation, so as to redefine the word "production" as used in this Act; and for other purposes.
HB 670. By Messrs. Story and Watson of Gwinnett:
A Bill to repeal an Act entitled "An Act to provide that the ordinaries in certain counties shall be custodians of the vital statistic records; and for other purposes.
HB 671. By Messrs. Abney and Snow of Walker:
A Bill to abolish the present method of compensating the sheriff of Walker County, known as the fee system; and for other purposes.
HB 679. By Mr. Wilson of Brantley:
A Bill to change the terms of the superior court of Brantley County; and for other purposes.
HB 681. By Messrs. Busbee, Odom and Hutchinson of Dougherty:
A Bill to amend an Act providing a new charter for the City of Albany, so as to change the corporate limits of said City; and for other purposes.
HR 233-640. By Messrs. Chandler and Harrington of Baldwin:
A Resolution authorizing the conveyance of certain land in Baldwin County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House:
HB 385. By Mr. Smith of Camden: A Bill to amend an Act creating a new city charter and municipal government for the City of St. Marys, Georgia, so as to change the method of filling vacancies on the city council; and for other purposes.
2304
JOURNAL OF THE HOUSE,
HB 543. By Mr. Looper of Dawson:
A Bill to provide for supplemental compensation for the Ordinary of Dawson County; and for other purposes.
HB 664. By Mr. Looper of Dawson:
A Bill to abolish the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following' Resolutions of the House to wit:
HR 10-2. By Mr. Snow of Walker: A Resolution to compensate Steve Sweet; and for other purposes.
HR 17-25. By Mr. Knight of Laurens: A Resolution to compensate L. H. Cook; and for other purposes.
HR 31-56. By Mr. Lewis of Burke: A Resolution to compensate John B. Home; and for other purposes.
HR 54-101. By Mr. Laite of Bibb:
A Resolution to compensate Mr. Henry W. Durden; and for other purposes.
HR 67-117. By Mr. Arnsdorff of Effingham: A Resolution compensating Mr. Odis E. Bevill; and for other purposes.
HR 240-665. By Mr. Smith of Grady:
A Resolution creating a study committee on municipal and county governments and to study the feasibility of revising the tax laws and statutes of the State; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House, to-wit:
FRIDAY, MARCH 12, 1965
2305
HB 256. By Messrs. Harris and Farrar of DeKalb and others:
A Bill to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change and revise certain pro visions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period covered by such licenses, reciprocal agreements, and advertising real estate; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:
HR 266. By Messrs. Etheridge, McClelland and Brooks of Fulton:
A Resolution expressing regrets at the passing of Hon. Wylie Owen Cheney; and for other purposes.
HR 269. By Messrs. Richardson, Sewell and Shea of Chatham:
A Resolution requesting the United States Department of Health, Edu cation and Welfare to transfer the Public Health Service Hospital in Savannah to the site now occupied by the Hunter Air Force Base Hos pital, in the event said Public Health Service Hospital is closed; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House, to-wit:
HR 268. By Mr. McKemie of Clay:
A Resolution requesting that the Walter F. George Reservoir be named Lake Chattahoochee; and for other purposes.
The Senate agrees to the House amendment to the following Resolution of the Senate:
SR 7. By Senators Broun of the 46th, Webb of the llth and others: A Resolution proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
The Senate agrees to the House amendment to the following Resolution of the Senate:
2306
JOURNAL OF THE HOUSE,
SR 42. By Senators Broun of the 46th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 75. By Senators Broun of the 46th, Rowan of the 8th and others: A Bill to amend the Georgia Election Code, relating to the compre hensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 176-398. By Mr. Smith of Emanuel:
A Resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes.
HR 185-425. By Mr. Newton of Jenkins:
A Resolution authorizing the conveyance of certain State property lo cated in Jenkins County; and for other purposes.
HR 193-475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes.
HR 201-485. By Mr. Griffis of Cook:
A Resolution authorizing the conveyance of a certain tract of stateowned property to Cook County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
FRIDAY, MARCH 12, 1965
2307
SR 90. By Senator Hall of the 52nd:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Floyd County, Georgia and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 165. By Senator Tribble of the 3rd:
A Bill to be entitled an Act to amend the charter of the Town of Pooler and other Acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of the said town; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 216. By Senators Thompson of the 34th, Ward of the 39th and others:
A Bill to be enttiled an Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide time and repayment terms for employees who elect to become reinstated in the pension system after re-employment, and for other purposes.
The report 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.
2308
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 198. By Senators 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 Atlanta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 199. By Senators Salome of the 36th, Thompson of the 34th and others: A Bill to be enttiled an Act to amend an Act to regulate primary elec tions in Georgia in cities of a certain population, by repealing Section 3 in reference to voting in Ward and district of residence of elector, and for other purposes.
The report 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 168. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide that the Mayor and Council shall elect a police force, a chief of police and a night watchman, and for other purposes.
The following substitute was read and adopted: A BILL
An Act to amend an Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. Laws 1909, p. 665), as amended, particularly by an Act approved August 6, 1915 (Ga.
FRIDAY, MARCH 12, 1965
2309
Laws 1915, p. 570), so as to provide that the Mayor and Council shall elect a police force, a chief of police and a night watchman, all of whom shall hold office until removed; 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. An Act incorporating the City of Commerce in the County of Jackon, approved August 17, 1909 (Ga. Laws 1909, p. 665), as amended, particularly by an Act approved August 6, 1915 (Ga. Laws 1915, p. 570) is hereby amended by striking Section 27 in its entirety and substituting in lieu thereof a new Section 27 to read as follows:
"Section 27. (a). Be it further enacted by the authority afore said and it is hereby enacted by the authority of the same that the Mayor and Council of the City of Commerce, at the first meeting after they have been inducted into office, shall elect a clerk of the council who shall be ex-officio treasurer, and also a city attorney and such other officers as the Mayor and Council may deem neces sary to properly carry on the government of said City. All said officers and the Mayor and Council shall serve for terms of two years and until their successors are duly elected and qualified; unless said officers shall be sooner removed for cause; and the Mayor and Council shall have power to fix the salaries of said offi cers, and shall also take the bonds and prescribe the duties and administer the oaths of such officers. On proper cause shown Mayor and Council shall remove any or all said officers from office for a breach of their official duties or neglect or incapacity to discharge said duties.
"(b) Said Mayor and Council of the City of Commerce at said first meeting, after they have been inducted into office, shall also elect members of a police force and a night watchman who in their opinion may be necessary to protect the lives and property of the citizens of Commerce. Said night watchman and other members of the police force shall hold office or employment with said City until removed by the Mayor and Council for cause. On proper cause shown, the Mayor and Council shall remove said night watchman, and other members of the police force from office or employment for a breach of their official duties or negligence or incapacity to discharge their duties. From those officers elected for the police force, the Mayor and Council shall also select a chief of police who shall serve until removed by the Mayor and Council of the City of Commerce either for cause or without cause. The Mayor and Council shall have power to fix the salaries of said chief of police, night watchman, and other members of the police force, and shall prescribe their duties, administer the oath, and take the bonds of such officers or employees. Any chief of police, night watchman, or any members of the police force who are holding office with or are employed by the City of Commerce at the time this Act becomes law shall continue to hold such office or employment until removed as herein provided."
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JOURNAL OF THE HOUSE,
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 209. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Jefferson, so as to change the corporate limits of said City and for other purposes.
The following Substitute was read and adopted:
An Act to amend an Act incorporating the City of Jefferson, in the County of Jackson, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act incorporating the City of Jefferson, in the County of Jack son, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, is hereby amended by striking from the first sentence of section 1 of said Act the words "three-quarters of one mile" and inserting in lieu thereof the words "one and one-quarter miles", so that whan so amended said section 1 shall read as follows:
"Section 1. Be it enacted by the General Assembly of the State of Georgia, that the inhabitants of the territory embraced within the limits of one and-quarter miles in every direction from the cen ter of the public square as it is at present located in Jefferson, in the County of Jackson, be incorporated under the name and style of the City of Jefferson, and said City of Jefferson is hereby incor porated and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or
FRIDAY, MARCH 12, 1965
2311
estates, real or personal, of whatever kind or nature within the jurisdictional limits of the City of Jefferson, and may sell or other wise dispose of the same for the benefit of said city, as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by the said city; provided, that this section shall not be so con strued as to subject the corporation aforesaid to the liability of keeping any bridge or bridges or embankment, connected therewith, across Curry's Creek in repair without consent of the corporation."
SECTION 2
Not less than 30 days after the approval of this Act by the Gov ernor and no later than May 30, 1965, it shall be the duty of the Ordinary of Jackson County to issue, upon request of the city council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing within the area to be annexed to the corporate limits of Jefferson, Georgia, by this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Jackson County. The ballot shall have written or printed thereon the words:
"For approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city.
"Against approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city."
All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. A majority of the registered and qualified voters of the area to be annexed by this Act must vote and if a majority of those voting are for approval of the Act it shall become of full force and effect. If less than a majority of those voting in the area to be an nexed by this Act vote for approval of the Act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the ordinary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be the duty of the ordinary to hold and conduct such election in the area to be annexed by the City of Jefferson by this Act and he shall hold such election under the same laws, rules and regulations as govern general elections except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election held in the area to be annexed by this Act to the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State.
2312
JOURNAL OP THE HOUSE,
SECTION 3
The notice of election issued by the officer responsible therefor as provided in section 2 above shall contain therein a full explanation of what is to be voted on.
SECTION 4
All laws and parts of laws in conflict with this Act are hereby re pealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 84. By Senator Ballew of the 50th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Fannin County by the people; to provide for the filling of vacancies on the County Board of Education of Fannin County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, as amended, particularly by an amendment relative to the County Board of Education of Fannin County found in Ga. Laws 1952, p. 536, which amendment was ratified at the general election of 1952, is hereby amended by striking from the third paragraph of the aforesaid amendment of 1952 the following:
"In case of a vacancy on said board by the death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successor who shall hold office for the unexpired portion of such member's term.",
and inserting in lieu thereof the following:
"Any vacancy on the board due to death, resignation or any other
FRIDAY, MARCH 12, 1965
2313
cause other than expiration of a term of office shall be filled in the following manner: If such vacancy occurs during the first 2 years of a member's term of office and at least 30 days prior to the date of the general election in the second year of such member's term, the remaining members of the board, by secret ballot, shall elect a person to serve through December of the second year of such member's term. A person to fill the remainder of the unexpired term shall be elected at the general election in the second year of such member's term and the person elected shall take office on the first day of January following his election and shall serve the re mainder of the unexpired term. In the event a vacancy occurs at any other time in the second year of such member's term or at any time in the third year of such member's term or at any time in the fourth year of such member's term but at least 30 days prior to the date of the general election in such fourth year of such mem ber's term of office, the remaining members of the board, by secret ballot, shall elect a person to serve through December of the fourth year of such member's term. A person to fill the remainder of the unexpired term shall be elected at the general election in the fourth year of such member's term and the person elected shall take office on the first day of January following his election and shall serve the remainder of the unexpired term. In the event a vacancy occurs at any other time in the fourth year of such member's term of office or at any time in the fifth year or the sixth year of such member's term of office, the remaining members of the board, by secret ballot, shall elect a person to serve the remainder of the unexpired term."
Section 2. Article VIII, Section VI, Paragraph I of the Constitution, relating to the County School Superintendents, as amended, particularly by an amendment relative to the County Board of Education of Fannin County found in Ga. Laws 1952, p. 536, which amendment was ratified at the general election of 1952, is hereby amended by striking from the aforesaid amendment of 1952 the following:
"The County School Superintendent of Fannin County shall be elected or appointed by the County Board of Education of Fannin County and shall serve for a term of four years. From and after the ratification of this amendment the voters of Fannin County shall no longer elect the County School Superintendent of Fannin County but the present county school superintendent shall serve until his successor is chosen as herein provided. Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least three years of practical experience in school administration, and shall have graduated from an accredited college or university with a bachelor's degree.",
and inserting in lieu thereof the following:
"Beginning with the general election of 1968, the County School Superintendent of Fannin County shall be elected by the people. The person elected at such election shall take office January 1, 1969 for a term of 4 years and until his successor is elected and qualified. His successor and all future successors shall be elected each 4 years
2314
JOURNAL OF THE HOUSE,
at the same time as other county officers are elected. The County Board of Education of Fannin County shall continue to elect the County School Superintendent of Fannin County and fill vacancies in said office through December 31, 1968, so that the County School Superintendent chosen by the board shall serve through December 31, 1968. All constitutional and statutory provisions relative to County School Superintendents shall be applicable to the County School Superintendent of Fannin County unless such provisions are in conflict with the provisions contained herein."
Section 3. "When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( NO (
) Shall the Constitution be amended so as to provide for the election of the County School Superintendent
) of Fannin County by the people, and to provide for the filling of vacancies on the County Board of Education of Fannin County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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
Alien Anderson
Arnsdorff Bagby
Balkcom Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey Davis Dean DeLoach DeVane Dickinson Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Evans Parrar
Floyd
Fulford
Grahl
Griffin
Griffis
Harrington
Harris, J. F.
Harris, J. R.
Harris, R. W.
Henderson
Herndon
Holder
Houston
FRIDAY, MARCH 12, 1965
Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Lambert Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H.
Moses Murphy NeSmith, J. D.
Newton, A. S. Newton, D. L.
Odom Oglesby Otwell Overby Pafford Page Paris Parker
2315
Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Poss Potts Rainey Reaves Reid Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simmons Simpson Singer Simth, A. B. Smith, E. B., Jr. Smith, J. R. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood
Vaughan, D. N. Ware Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M.
Wilson Woodward
Wrig-ht
2316
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Ballard Blalock Branch Brooks, Geo. B. Brooks, Wilson Chandler Conner Dixon Dorminy Etheridge Flynt Gary
Hale Hall Harrell Hull Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Laite Lee, W. J. (Bill) McClelland Melton
Nessmith, P. Rhodes Rodgers, H. B. Rodgers, Jimmie Smith, Chas. C. Smith, G. L. II Smith, V. T. Thomas Vaughn, C. R. Walker White Mr. Speaker
On the adoption of the Resolution, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following Resolutions of the House and Senate were read and adopted:
HR 280. By Mr. Dean of Polk:
A RESOLUTION
Commending Major General George J. (Bo) Hearn; and for other purposes.
WHEREAS, General George J. (Bo) Hearn, Adjutant General, State of Georgia, has been instrumental in retaining 115 of the 185 National Guard and Army Reserve Units presently located in the State of Georgia; and
WHEREAS, personnel in Georgia will be reduced from 14,256 to 12,750 under the proposed merger of the National Guard and Army Reserve; and
WHEREAS, this amounts to an approximate reduction in strength of 10%, whereas the national average is approximately 21%; and
WHEREAS, General George J. (Bo) Hearn is to be commended for his individual efforts in behalf of the State of Georgia in connection with the proposed merger of the National Guard and Army Reserve.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincere
FRIDAY, MARCH 12, 1965
2317
appreciation to General George J. (Bo) Hearn for his individual efforts in retaining approximately 62% of the National Guard and Army Re serve Units presently located in the State of Georgia and for confining the strength reduction in personnel in Georgia units to approximately 10%.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to General George J. (Bo) Hearn, Adjutant General, State of Georgia:
HR 281. By Messrs. Shea of Chatham, Sewell and Richardson of Chatham:
A RESOLUTION
Expressing appreciation to Johnny Mercer; and for other purposes.
WHEREAS, the members of the General Assembly of Georgia recently viewed a motion picture entitled "The Georgia Story"; and
WHEREAS, this film beautifully portrays the outstanding scenic and historical attractions of the State of Georgia; and
WHEREAS, Johnny Mercer, a native son of this State and the City of Savannah, who has achieved fame as one of the most gifted songwriters of the 20th Century, narrated the portion of the film about the City of Savannah; and
WHEREAS, the narration of Johnny Mercer in his inimitable voice and style was superb and could only have been done by a person who was intimately familiar with and loved the scenic and historic sites of Georgia's First City.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincerest appreciation to Johnny Mercer for his impressive and penetrating narration of a part of this splendid film which so vividly portrays the scenic and historical beauty, natural resources, tourist attractions, and industrial development of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Johnny Mercer.
HR 282. By Messrs. McDaniell, Duncan and Jordan of Cobb:
A RESOLUTION
Commending General John Kennedy Williams III; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, John Kennedy Williams III of Kennesaw who reactivat ed Battles of the War Between the States in Georgia during the year, gained nationwide recognition and made many friends for our State by dispensing good will in good measure; and
WHEREAS, he was commissioned Brigadier-General by Governor Sanders and Secretary of State Ben Fortson on October 3, 1963, and assigned to duty as Adjutant-General, Phillips' Legion of the Reactivated Georgia Militia; on April 10, 1964, assigned additional duties as Ad jutant-General of the Georgia Civil War Centennial Troops, by order of the Honorable Beverly DuBose, Jr., Chairman, Georgia Civil War Centennial Commission; and
WHEREAS, General Williams mustered some 3,300 Centennial militiamen from twenty-six states, to participate in sham battles in Georgia; Resaca, Gordon County, May 16, 1964; New Hope Church, Paulding County, May 30, 1964; Kennesaw Mountain, Cobb County, June 27, 1964; Atlanta at Stone Mountain, July 25, 1964 and Jonesboro, Clay ton County, August 29, 1964; and
WHEREAS, participating personnel were attracted to Georgia, Many bringing families with them, from the following States: Maine, Vermont, Massachusetts, Rhode Island, New York, Maryland, Pennsyl vania, Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas, California, Arkansas, Tennessee, Ken tucky, West Virginia, Ohio, Indiana, Illinois, Michigan and Wiscnosin, attended by more than 10,000 spectators at these dedicated commemora tive skirmishes; and
WHEREAS, General Williams is also Commander, Georgia Division, Sons of Confederate Veterans; Registrar-General, the Order of Stars and Bars; Deputy Chief of Staff, the Confederate High Command, he has been among those representing Georgia in many of our sister states of the former Confederate States of America. He served as Commander of Confederate Troops at Franklin, Tennessee, November 29, 1964, and continues to serve our State as Adjutant-General of the Georgia Civil War Centennial Commission; and
WHEREAS, he is now mustering some 1,500 to 2,000 state militia men from the various states of the Union for participation in the last official U. .S. Civil War Centennial Commemoration which is scheduled for July 3, 4 and 5 at Fitzgerald, Ben Hill County, Georgia, for which he is serving as Commander-in-Chief, Military Personnel and Field Commander of Troops; and
WHEREAS, as we fast approach the close of fthe Commemoration of the Centennial of the War Between the States and are true to our heritage we are dedicated to a reunited Country affirming our belief in Almighty God and pledging undying loyalty to our Flag.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA that this body, having taken cognizance of the various activities of General John
FRIDAY, MARCH 12, 1965
2319
Kennedy Williams III, commends him most heartily for the most efficient manner in which he discharged his duties in connection with the reactivated battles of the War Between the States.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to furnish appropriate copies of this Resolution to General Williams as a token of our appreciation and commendation.
HR 283. By Mr. Conner of Jeff Davis:
A RESOLUTION
Creating an interim committee to be known as the "Special Fire Insurance Committee on Underwriting Practices", for the purpose of studying fire insurance underwriting practices which prevail in the State, the special problems created by these practices including, but not limited to the difficulty of obtaining adequate insurance at reason able rates on dwellings which have a low market value; and for other purposes.
WHEREAS, fire and casualty insurance companies licensed to do business in the State of Georgia are more numerous than ever before in the State's history and are receiving premiums in excess of 250 million dollars upon an annual basis from all business under-written; and
WHEREAS, more than sixty million dollars of these premiums, an all-time high, are received from the sale of fire insurance policies and other coverages written with fire insurance; and
WHEREAS, more than forty per cent of the population of the State of Georgia live in dwelling structures which have a market value of less than eight thousand dollars; and
WHEREAS, there has been a decided and growing unwillingness of licensed companies writing fire insurance at standard rates to insure such low valued dwellings against destruction and damage by fire; and
WHEREAS, with the single exception of the Assigned Risk Plan for motor vehicles, the philosophy of Georgia insurance regulation has been based upon freedom of contract depending solely upon the re sponsibility of this industry to serve the legitimate needs of the people of Georgia; and
WHEREAS, it appears that such needs are not being voluntarily served.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a committee to be known as the "Special Fire Insurance Committee on Underwriting Practices" to be composed of five (5) members of the
2320
JOURNAL OF THE HOUSE,
House of Representatives, to be appointed by the Speaker thereof. The members of the committee herein created shall be appointed within thirty days after the approval of this Resolution and said committee shall hold its organizational meeting on or before May 1, 1965. The committee, at its organizational meeting, shall elect a chairman, vice chairman and secretary and may adopt such rules for orderly proceedings and procedures as to it seems wise. Any vacancy which may occur on the committee shall be promptly filled by the person making the original appointment.
BE IT FURTHER RESOLVED that the committee shall be author ized to:
a. Make a comprehensive study of the facts with respect to the insurability of low valued dwellings.
b. To make a comprehensive study of ways and means to remedy the situation herein described, with particular emphasis upon the ad visability of formulating some plan whereby fire and casualty companies doing business in Georgia will be required as a condition to their con tinued operation to serve this part of the insurance need of the people of Georgia.
BE IT FURTHER RESOLVED that the committee is hereby authorized to employ the services of a court reporter, secretarial assist ants, investigators and advisors and the compensation of such personnel shall be fixed and approved by the Chairman of the Legislative Services Committee. The committee shall be authorized to compel the attendance of persons, the production of books and records and the examination of such records by requesting the Insurance Commissioner to use his al ready ample visitorial power for this purpose.
The committee and its members shall have the right to administer oaths and examine witnesses under oath.
BE IT FURTHER RESOLVED that the members shall receive the compensation, per diem, expenses and allowances authorized for mem bers of interim legislative committees for such number of days as shall be authorized by the Speaker. The committee shall report its findings and recommendations for remedial legislation on or before December 1, 1965, on which date the committee shall stand abolished and cease to exist. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government.
HR 284. By Messrs. Wiggins of Carroll, Matthews of Colquitt, and others: A RESOLUTION
Expressing appreciation to Susan Hayward; and for other purposes. WHEREAS, Susan Hayward, world-renowned actress, has made
FRIDAY, MARCH 12, 1965
2321
Georgia her home as the wife of Mr. Eaton Chalkley of Carrollton, Georgia; and
WHEREAS, the members of the General Assembly recently viewed a motion picture entitled "Susan Hayward in Georgia"; and
WHEREAS, this film beautifully portrays the outstanding scenic and historical attractions of the State of Georgia; and
WHEREAS, Susan Hayward appears in this film and also narrates a major portion of the film; and
WHEREAS, the motion picture is receiving widespread acclaim; and
WHEREAS, the members of the General Assembly unanimously agree that this is one of the best scenic films they have ever seen.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincerest appreciation to Susan Hayward for her brilliant narration and radiant performance in this splendid film which so vividly portrays the scenic and historical beauty, natural resources, tourist attractions, and industrial development of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolu tion to Susan Hayward.
HR 285. By Messrs. Pope and Coker of Cherokee:
A RESOLUTION
Commending Cherokee High Warriors' basketball team; and for purposes.
WHEREAS, the Cherokee High Warriors' basketball team partici pated in the State AAA basketball finals, winning the consolation game against Southwest High School; and
WHEREAS, said basketball team was under the expert tutelage of Coach Harold Scott; and
WHEREAS, during the present season, members of this outstanding team displayed a high degree of athletic proficiency and were parti cularly outstanding in the sportsmanlike conduct displayed during their contests; and
WHEREAS, it is only benefiting and proper that this body recognize
2322
JOURNAL OF THE HOUSE,
the high degree of skill and sportsmanship possessed by these fine young men comprising this team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Coach Harold Scott and each and every member of the Cherokee High Warriors' basketball team for their fine and splendid record compiled during this season.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Coach Harold Scott, each and every member of the Cherokee High Warriors' basketball team, to Principal Jim Jordan and the County School Supervisor Kleven Boston.
HR 286. By Messrs. Kelly of Jasper, Bynum of Rabun and others:
A RESOLUTION
Commending Honorable Don Ballard; and for other purposes.
WHEREAS, Honorable Don Ballard, the distinguished and able Representative from Newton County, is presently serving his fifth term in the Georgia House of Representatives as the elected Representative from Newton County; and
WHEREAS, during his tenure of office, the gentleman from New ton, by his warm and friendly attitude, has become a fond friend of all members of the General Assembly and those individuals connected with state government; and
WHEREAS, during his service in the House of Representatives, the gentlemand from Newton has served as chairman of the important and influential Highway Committee for two terms, having been in strumental in guiding through the General Assembly the $100,000,000. highway maintenance legislation, as well as being one of the principal architects of the reorganization of the State Highway Department; and
WHEREAS, while serving in the House of Representatives he has been a member of the University System of Georgia Committee during his entire tenure and has been in the forefront of the continuing battle of providing better educational opportunities for the young people of this state; and
WHEREAS, during his many appearances on the floor of the House of Representatives and the committees thereof, this outstanding legi slator has demonstrated a peculiar knowledge of the legislative process and has displayed a keen legal mind through his efforts advocating legislation which is in the best interest to the people of Georgia and in opposing legislation which is contrary thereto.
FRIDAY, MARCH 12, 1965
2323
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Don Ballard, the distinguished and able Representative from Newton County, is hereby commended for his outstanding service which has been so freely given to his constituents in Newton County, as well as to the entire State of Georgia.
BE IT FURTHER RESOLVED that this body hereby wishes every continued success to the gentlemand from Newton.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suita ble copy of this Resolution to the Honorable Don Ballard.
HR 287. By Messrs. Odom, Hutchinson and Busbee of Dougherty:
A RESOLUTION
Designating Georgia Free Enterprise Week; and for other purposes.
WHEREAS, Free Enterprise is the foundation and corner-stone of our economy on which the greatest nation in the world was built; and
WHEREAS, Free Enterprise was the inspiration for the founding and development of the State of Georgia by Oglethorpe; and
WHEREAS, the Free Enterprise System is the basic hope for better living conditions and widespread prosperity for all Georgians-- both citizens and citizens-to-be; and
WHEREAS, it is hoped the students and teachers of Georgia will become better acquainted with our Free Enterprise System; and
WHEREAS, Free Enterprise Week will contribute to a better under standing of the system on the part of all citizens, and by so doing will make Georgia a more attractive place in which industry may locate and prosper along with our existing industries, and help to preserve Georgia's cherished way of life; and
WHEREAS, the Georgia State Chamber of Commerce will sponsor Georgia's first Free Enterprise Week during the week of May 2-8.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the week of May 2-8, 1965, be declared Georgia Free Enterprise Week, in the State of Georgia:
HR 288. By Messrs. Bynum of Rabun and Kelly of Jasper:
A RESOLUTION
Commending Honorable Jim Gillis, Director of the Highway Depart-
2324
JOURNAL OP THE HOUSE,
ment of Georgia; and for other purposes.
WHEREAS, the Honorable Jim Gillis, Director of the State High way Department has devoted many years of outstanding service in administering an efficient, progressive highway program for the State of Georgia; and
WHEREAS, his keen insight into all the various problems relating to the construction of highways has earned him the reputation of being one of the most effective administrators in the country; and
WHEREAS, the members of this body who have had the privilege of associating with Mr. Jim Gillis in his administrative capacity as head of the State Highway Department are firmly convinced that the State of Georgia is extremely fortunate in having the services of a man with the ability and dedication of Mr. Jim Gillis.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its complete confidence in Honorable Jim Gillis and in the present road-building program being administered by the State Highway Department, and does hereby commend him for the many years of devoted public service to the citizens of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the Honorable Jim Gillis .
HR 289. By Messrs. Jones of Muscogee, Blair of Sumter and others:
A RESOLUTION
Commending Honorable Mac Pickard; and for other purposes.
WHEREAS, Honorable Mac Pickard, the distinguished and able Representative from Muscogee County, is in his seventeenth year of service as a member of the General Assembly representing the people of Muscogee County; and
WHEREAS, the calm and serene demeanor possessed by this out standing Representative has always had a steadying effect upon the deliberations of this body; and
WHEREAS, the gentleman from Muscogee is one of the most re spected members of this House, having endeared himself to all the members thereof by his many acts of kindness and courtesy to all members; and
WHEREAS, it is only befitting and proper that this body recognize the esteem in which he is held by each and every member thereof.
FRIDAY, MARCH 12, 1965
2325
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Mac Pickard for the fine and outstanding manner in which he has conducted himself while a member of this body.
BE IT FURTHER RESOLVED that each and every member extend to the gentleman from Muscogee their fondest wish for his continued
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Mac Pickard.
HR 290. By Messrs. Jones and Brinkley of Muscogee, and others:
A RESOLUTION
Commending Honorable Eldridge Perry; and for other purposes.
WHEREAS, Honorable Eldridge Perry, the distinguished and able Representative from Marion County, has a long record of public service to his constituents of Marion County and the people of the State of Georgia; and
WHEREAS, during his many years of service in the General ASSEMBLY, Honorable Eldridge Perry has acquired the esteem of the members of this body for the outstanding manner in which he has discharged the official duties of his office; and
WHEREAS, the gentleman from Marion has sponsored and support ed many fine pieces of legislation which have been of particular benefit to the people of the State of Georgia; and
WHEREAS, Honorable Eldridge Perry is one of the most popular members of the General Assembly which this body has had the dis tinctive pleasure of serving with in the past few years.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend and con gratulate Honorable Eldridge W. Perry from Marion County for the statesmanlike manner in which he has served the people of his county and the State of Georgia during his service in the General Assembly.
BE IT FURTHER RESOLVED that each and every member of this body does hereby extend to Honorable Eldridge Perry every wish for his continued success in the future.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Eldridge Perry.
2326
JOURNAL OF THE HOUSE,
HR 291. By Messrs. Brinkley and Jones of Muscogee and others:
A RESOLUTION
Commending Honorable Lucius Black; and for other purposes.
WHEREAS, Honorable Lucius Black, the distringuished and able Representative from Webster County, is one of the most outstanding members of the House of Representatives which the members of this body has had the distinct pleasure to serve with during the past few years; and
WHEREAS, the gentleman from Webster has endeared himself to the hearts of all members of this body by his many acts of kindness which have been given so freely to the members thereof; and
WHEREAS, the advice and counsel which Honorable Lucius Black has bestowed upon each member of this House who has called upon his vast and keen knowledge of the legislative process has been most appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Lucius Black, the distinguished and able Representative from Webster County, is hereby commended for his outstanding service which has been so freely given to his con stituents in Webster County, as well as to the entire State of Georgia.
BE IT FURTHER RESOLVED that this body hereby wishes every continuced success to the gentleman from Webster.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a suit able copy of this Resolution to the Honorable Lucius Black.
HR 292. By Mr. Smith of Emanuel:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, at the present session of the General Assembly there have been various proposals presented dealing with the compensation and expenses received by the members of the General Assembly; and
WHEREAS, before entering into a change of the compensation received by the members of the General Assembly, and impartial, thorough and exhaustive study should be conducted on the subject.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be
FRIDAY, MARCH 12, 1965
2327
composed of the following members: One member representative of industry to be appointed by the Speaker, one member representative of labor to be appointed by the Speaker and one member each from the following associations to be appointed by the respective president thereof: Georgia Municipal Association, Georgia Association of County Commissioners, Georgia Bankers Association, State Chamber of Com merce, Georgia Farm Bureau, Georgia Education Association and the League of Women Voters. The committee shall conduct a thorough and exhaustive study of the compensation of the members of the General Assembly and shall report its findings and recommendations to the 1966 session of the Georgia General Assembly on or before November 15, 1965, at which time it shall stand abolished. The members of the com mittee shall receive no per diem or compensation for their services but shall be reimbursed for their actual expenses incurred in connection with their official duties with the committee. The funds necessary for the purposes of this Resolution shall come from those funds appropriated to and available to the legislative branch of government.
HR 293. By Messrs. Floyd of Chattooga and Bagby of Paulding:
A RESOLUTION
Authorizing and requesting the Speaker of the House of Representa tives to impound the House clock; and for other purposes.
WHEREAS, the members of this body vividly recall the "clock incident" during the closing hours of the 1964 Regular Session of the General Assembly of Georgia; and
WHEREAS, it is the desire of the members of this body to prevent a recurrence of the "clock incident".
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby authorize and request the Speaker of the House of Representatives to impound the House clock at 12:00 noon on March 12, 1965, and secure the clock in a safe place.
BE IT FURTHER RESOLVED that after high noon on March 12, 1965, the official timepiece of the House of Representatives of the State of Georgia shall be the watch of the Speaker of the House of Representa tives of the State of Georgia.
BE IT FURTHER RESOLVED that the gentleman from Chattooga and the gentleman from Paulding are hereby appointed to serve as bodyguards for the Speaker.
HR 294. By Messrs. Byrd of Walton and Paris of Barrow:
A RESOLUTION Expressing appreciation to Mrs. Hildred Waits and Mrs. Lola Downs; and for other purposes.
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WHEREAS, on March 12, 1965, Mrs. Hildred Waits, accompanied at the piano by Mrs. Lola Downs, sang several songs before the member ship of the House of Representatives; and
WHEREAS, the performances of Mrs. Waits and Mrs. Downs were highly entertaining to the members of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their sincerest appreciation to Mrs. Hildred Waits and Mrs. Lola Downs for appearing and performing before this body.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Mrs. Hildred Waits and to Mrs. Lola Downs.
HR 295. By Mr. Dean of Polk:
A RESOLUTION
Commending Honorable John Harvey Moore; and for other purposes.
WHEREAS, Honorable John Harvey Moore is now serving his third term as a member of the House of Representatives from Polk County; and
WHEREAS, he is a conscientious and dedicated public servant; and
WHEREAS, the members of this body consider it an honor to have served in this honorable institution with the gentleman from Polk.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable John Harvey Moore for his conscientious and dedicated service as a member of the House of Representatives of the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Honorable John Harvey Moore, Representative, Polk County.
HR 296. By Messrs. Bynum of Rabun, Moore of Stephens and others:
A RESOLUTION
Commending Honorable Mac Barber; and for other purposes.
WHEREAS, Honorable Mac Barber, the distinguished and able Representative from Jackson County, is in his sixteenth year of service in the General Assembly representing the citizens of his county; and
FRIDAY, MARCH 12, 1965
2329
WHEREAS, during his long term of service in the General As sembly, Honorable Mac Barber has labored untiringly in behalf of an improved education program for the young people of Georgia; and
WHEREAS, the gentleman from Jackson has been particularly active and effective in the field of providing an adequate retirement program for teachers; and
WHEREAS, Honorable Mac Barber has dedicated his public service to the welfare and betterment of the entire State of Georgia; and
WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of this distinguished citizen of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend Honorable Mac Barber for his many years of public service and for his outstanding achievements.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Mac Barber.
HR 297. By Mr. Lee of Clinch:
A RESOLUTION
Deploring the atrocious murder of Honorable Thomas E. Woodruff; and for other purposes.
WHEREAS, Honorable Thomas E. Woodruff, President of the Ex change Bank of Unadilla, Georgia, was abducted from his home allegedly by two young school teachers about 10:00 p.m. on Monday, March 8, 1965; and
WHEREAS, when Mr. Woodruff explained that he could not open the vault because of a time lock, he was savagely beaten and shot and left to die; and
WHEREAS, Mr. Woodruff was found by relatives the next morning and rushed to the hospital where he died at 10:15 a.m. on Thursday, March 11, 1965: and
WHEREAS, before Mr. Woodruff died, he identified his assailants; and
WHEREAS, two young allegedly bank robber-schoolteachers are accused with the murder of Mr. Woodruff; and
2330
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WHEREAS, one of the accused murderers has been apprehended and the State has turned the prosecution over to Federal authorities; and
WHEREAS, it is difficult to imagine how two supposedly civilized college-educated American human beings could commit such a heinous crime; and
WHEREAS, the members of this body have been shocked by this tragedy.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby deplore the un conscionable murder of Honorable Thomas E. Woodruff and wishes to call this shocking crime to the attention of the President and Attorney General of the United States.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to the President and Attorney General of the United States.
HR 298. By Mr. Stalnaker of Houston
A RESOLUTION
Commending Mrs. Eldridge Perry; and for other purposes.
WHEREAS, Honorable Eldridge Perry, the distinguished and able Representative from Marion County, has served in the General Assembly for many years; and
WHEREAS, during his long tenure in office he has often been required to absent himself from his home and family; and
WHEREAS, from 1957 to 1959 Eldridge Perry served as the elected Representative from Marion County in the House of Representatives; and
WHEREAS, from 1959 to 1960 he served in the Georgia Senate from the old 24th Senatorial District; and
WHEREAS, from 1961 to 1962 Eldridge Perry served as an aide to the then Lieutenant Governor Garland Byrd; and
WHEREAS, from 1962 to 1963 Honorable Eldridge Perry was the State Director of Civil Defense; and
WHEREAS, from 1963 to the present time Eldridge Perry has been the elected Representative from Marion County in the Georgia House of Representatives; and
FRIDAY, MARCH 12, 1965
2331
WHEREAS, it is only befitting and proper that this body recognize the unselfish sacrifice which Mrs. Perry has made by graciously con senting to be without her devoted husband during long periods of absence while in the public service for the citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend the most charming and beautiful wife of the distinguished gentleman from Marion for her unselfish devotion to duty and the public good.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. Eldridge Perry.
HR 299. By Messrs. Pope and Coker of Cherokee:
A RESOLUTION
Commending the Cherokee High Warriorettes; and for other purposes.
WHEREAS, the splendid girls' basketball team of Cherokee High is presently participating in the Class AAA State Championship Basket ball Tournament; and
WHEREAS, this fine and outstanding basketball team is enjoying one of its most successful seasons; and
WHEREAS, the young ladies comprising this team have displayed a fine and high degree of sportsmanship; and
WHEREAS, during the present season, the members of the team have evidenced a high degree of athletic proficiency; and
WHEREAS, it is only befitting and proper that this body recognize the outstanding achievements of this grand team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to each and every member of the Cherokee High Warriorettes its heartiest con gratulations on their fine season and does hereby wish to them continued success in their tournament.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to each and every member of the Cherokee High War riorettes basketball team.
2332
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HR 300. By Messrs. Lewis of Burke and Dean of Polk:
A RESOLUTION
Congratulating Honorable William B. (Bill) Steis; and for other purposes.
WHEREAS, Honorable William B. (Bill) Steis recently celebrated his 58th birthday; and
WHEREAS, the gentleman from Harris has a long record of dis tinguished service as a member of this body; and
WHEREAS, he is a veteran of World War II and is presently chairman of the Defense and Veterans Affairs Committee; and
WHEREAS, the members of this body consider it a privilege and an honor to have served in this honorable institution with the dis tinguished gentleman from Harris.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby congratulate Honora ble William B. (Bill) Steis upon his 58th birthday, and many more years of public service in this body are wished for him.
BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Resolution to Honorable William B. (Bill) Steis, Representative, Harris County.
HR 301. By Messrs. Byrd of Walton and Paris of Barrow:
A RESOLUTION
Expressing appreciation to Mr. Charles Ford; and for other purposes.
WHEREAS, Mr. Charles Ford of Cable Piano Company supplied a piano for the use of the House of Representatives on March 12, 1965; and
WHEREAS, the piano was used by Mrs, Hildred Waits and Mrs. Lola Downs during their highly entertaining singing and piano-playing performance before the membership of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express it sincerest appreciation to Mr. Charles Ford, Cable Piano Company, for making a piano available to this body.
FRIDAY, MARCH 12, 1965
2333
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 Mr. Charles Ford.
HR 302. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation to the Office of Legislativie Counsel; and for other purposes.
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 inestima ble 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, Deputy Legislative Counsel, Honorable Virlyn Slaton, Deputy Legislative Counsel, Honorable Harvey D. Findley, Research Assistant, Honorable Joel M. Feldman, Assistant Legislative 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 303. 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 con tributed immeasurably to the success of this session of the General Assembly; and
2334
JOURNAL OP THE HOUSE,
WHEREAS, they have always gone out of their way to assist the members of this Body in every way possible; and
WHEREAS, the burdens of the members of this Body have always been much lighter due to the actions of Mr. Fortson and Mr. Burton;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to Honorable Ben W. Fortson, Jr., and Honorable Joe N. Burton for their many acts of kindness and thoughtfulness, and for the many services rendered to the members of the House.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to each of the afore said gentlemen.
HR 304. By Mr. Bowen of Dooly:
A RESOLUTION
Expressing regrets at the passing of Honorable Thomas E. Wood ruff; and for other purposes.
WHEREAS, Honorable Thomas E. Woodruff was abducted from his home about 10:00 p.m., Monday, March 8, 1965, by two young Negroes who forced him to open the Exchange Bank of Unadilla, of which he was President; and
WHEREAS, when Mr. Woodruff explained that he could not open the vault because of a time lock, he was savagely beaten and shot; and
WHEREAS, as a result of the savage beating and gun-shot wound, Mr. Woodruff died at 10:15 a.m., Thursday, March 11, 1965; and
WHEREAS, Mr. Woodruff is survived by one sister, Mrs. T. E. Langley of Unadilla, and one brother, Mr. M. L. Woodruff also of Unadilla; and
WHEREAS, Mr. Woodruff, who was seventy-one years of age, had been President of the Exchange Bank of Unadilla for about thirty years; and
WHEREAS, he was active in the religious, civic, and community affairs of the City of Unadilla and Dooly County; and
WHEREAS, Mr. Woodruff was a charter member of the Unadilla Lions Club, which last year named him as "Man of the Year in Unadilla"; and
FRIDAY, MARCH 12, 1965
2335
WHEREAS, Mr. Woodruff was a Steward and Treasurer of Unadilla Methodist Church, a Mason, Shriner, Elk, a member of the Georgia Bankers Association, a veteran of World War I, and a charter member of American Legion Post No. 132 of Unadilla; and
WHEREAS, the tragic loss of this community leader has deeply shocked the community of Unadilla; and
WHEREAS, the members of this body share the grief of the family of Honorable Thomas E. Woodruff.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses deepest regrets at the passing of Honorable Thomas E. Woodruff, and the sympathy of each member of this body is hereby extended to his family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Mrs. T. E. Langley and to Mr. M. L. Woodruff.
HR 305. By Messrs. Mixon of Irwin and Walker of Lowndes:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, one of the most vital factors which is weighed by prospective industries in locating is the tax structure, both state and local, and its effect upon individual business; and
WHEREAS, there has never been conducted a comprehensive and exhaustive study of the effect of the present tax structure upon busi ness, both large and small; and
WHEREAS, there is a pressing need for the acquisition in the State of Georgia of new and expanding industries; and
WHEREAS, the power of taxation is the life blood of state and local government.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of three (3) members to be appointed thereto by the Speaker of the House of Representatives. The committee shall be charged with the responsibility of conducting a comprehensive and exhaustive study of the present tax structure of this state with particular emphasis upon the impact which the tax structure bears on business. Subject to the approval of the Speaker, the committee is authorized to employ such technical experts and clerical assistants as they shall deem necessary to assist the committee in their study. The committee shall be authorized
2336
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to fix the compensation to be received by such personnel, subject to the approval of the Speaker. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make its report and recommendations to the 1966 Session of the General Assembly on or before December 1, 1965, at which time it shall stand abolished.
HR 306. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
To amend HR No. 112 relative to the House Appropriations Com mittee; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR No. 112 relative to the House Appropriations Committee; and for other purposes, adopted by the House on January 21, 1965, be and the same is hereby amended by striking from said Resolution the fol lowing:
"the Vice-Chairman of the Ways and Means Committee,",
and inserting in lieu thereof the following:
"the Vice-Chairman of the Judiciary Committee,".
HR 307. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to adjournment of the General Assembly; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, the Senate concurring, that the General Assembly do adjourn sine die on Friday, March 12, 1965, at 11:35 o'clock, p. m.
HR 308. By Messrs. Smith of Grady and Bolton of Saplding:
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.
FRIDAY, MARCH 12, 1965
2337
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, Honorable George B. Hamilton, State Treasurer Emeritus, and the other members of the Treasurer's staff, for their help and guidance to the members of this body.
BE IT FURTHER RESEOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to each of the aforesaid gentlemen.
HR 309. By Messrs. Mixon of Irwin, Milhollin of Coffee and others:
A RESOLUTION
Expressing appreciation to Speaker and Mrs. George T. Smith; and for other purposes.
WHEREAS, the Speaker and his most charming and gracious wife, Eloise, were hosts to the wives and members of the House of Representa tives and their friends at a most elaborate dinner and dance on March 9, 1965; and
WHEREAS, the good fellowship and delicious sustenance were enjoyed by everyone in attendance; and
WHEREAS, this brief repast in the midst of the harrowing hours attendant with the closing of the present regular session was most relaxing and refreshing; and
WHEREAS, each and every member of this body wishes to express their appreciation to their most gracious hosts for the fine evening's entertainment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that each member, on behalf of their wives and friends, does hereby express their appreciation and enjoyment of the fine dinner and dance given by Speaker and Mrs. George T. Smith.
HR 310. By Messrs. Busbee of Dougherty, Smith of Emanuel and others:
A RESOLUTION Expressing appreciation to Honorable Charles. L. Gowen; and for other purposes.
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WHEREAS, Honorable Charles L. Gowen was requested by the Speaker of the House and the Rules Committee of the House to represent the members of the House of Representatives in the reapportionment case of Toonibs vs. Fortson; and
WHEREAS, he graciously responded to the request by consenting to appear on behalf of the House of Representatives before the Federal Court in Atlanta, Georgia, on the afternoon of March 11, 1965; and
WHEREAS, his ability and reputation as one of the State's most outstanding attorneys is widely known; and
WHEREAS, as Representative from Glynn County he was one of the most influential and highly respected members of the House of Representatives for many years; and
WHEREAS, he was formerly the senior partner of a distinguished law firm in Brunswick, Georgia; and
WHEREAS, he is now a partner in the law firm of King and Spalding of Atlanta, Georgia; and
WHEREAS; he demonstrated his usual consumate skill and vast legal knowledge while representing the House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its sincerest appreciation to Honorable Charles L. Gowen for making available to the House of Representatives his outstanding talent as attorney for the House of Representatives in the above styled case.
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 Charles L. Gowen.
HR 312. By Messrs. Lane of Bulloch and others:
A RESOLUTION
Expressing appreciation to Mr. Albert Parker and Representative Ernest Strickland for the delicious fruit cake furnished to members of the General Assembly; and for other purposes.
WHEREAS, Mr. Albert Parker graciously furnished to Representa tive Ernest Strickland for distribution to all members of this House delicious Claxton fruit cakes; and
WHEREAS, it is the desire of all members of this body to express their deepest appreciation for these delicious cakes.
FRIDAY, MARCH 12, 1965
2339
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby express its deepest appreciation to Mr. Albert Parker and Representative Strickland for their kindness in furnishing each and every member of this body with a delicious Claxton fruit cake.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mr. Albert Parker and Repre sentative Ernest Strickland.
HR 126. By Messrs. Lane of Bulloch, Russell of Thomas, Perry of Marion, Bowen of Dooly, Clark of Catoosa, Fulford of Terrell and Griffin of Glascock and many others:
A RESOLUTION
Requesting Congress to continue in full force and effect certain provisions of the Taft-Hartley Act; and for other purposes.
WHEREAS, in 1947, the Georgia Legislature enacted a law which affirmed the inherent right of every person to work and bargain freely with his employer, individually or collectively, and give assurance that no person should be denied employment on account of membership or nonmembership in a labor union; and
WHEREAS, the movement for enactment of right to work laws began in 1944, and today some 20 states, with a total population in excess of 58 million, now have these laws in force; and
WHEREAS, at the national level, Section 14 (b) of the TaftHartley Bill, enacted in 1947, affirmed the authority of the states to pass such laws by providing that nothing in the Act should be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment where such execution or application was prohibited by state or territorial law; and
WHEREAS, the United States Supreme Court subsequently upheld the constitutionality of Section 14 (b) and all state laws enacted under its authority; and
WHEREAS, labor union leaders are organizing to bring about the repeal of Section 14 (b) by the 89th Congress, and, in the same vein, the National Labor Relations Board recently ruled to deny an employer the right to express his views to employees except through union representatives at the bargaining table; and
WHEREAS, the right to work law in Georgia and other states has served as the single greatest stimulant to economic growth since World War II, resulting in prosperity unprecedented in history; and
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WHEREAS, people of Georgia believe in man's God-given right to earn his daily bread through honest toil, with free choice in accepting or rejecting artificial restrictions which may be imposed by labor or other forces.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES OF THE STATE OP GEORGIA, THE SENATE OF GEORGIA concurring, that we memorialize the United States Con gress to continue Section 14 (b) of the Taft-Hartley Act in full force and effect, so that the right to work under its sanctions as guaranteed to 58 million people in 20 states will not be invalidated.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to each Senator and Representative from the State of Georgia in the Congress of the United States.
HR 270. By Mr. Leiws of Wilkinson:
A RESOLUTION
Protesting the establishment of the proposed Oconee Wildlife Ref uge; and for other purposes.
WHEREAS, the economy and development of Wilkinson County, Georgia, is being threatened by the acquisition of 13,438.95 acres by the Federal Government for a wild duck feeding ground; and
WHEREAS, the proposed Oconee Wildlife Refuge can be obtained by condemnation proceeding by the right of eminent domain of the U. S. Fish and Wildlife Service; and
WHEREAS, this eliminates the free choice of the landowners to sell or not to sell; and
WHEREAS, the economy of the Town of Toomsboro is geared to lumber and forest products which would be virtually eliminated by the acquisition of these lands which furnish the raw materials for this industry; and
WHEREAS, the mineral and mining development of the county is also being impaired by this acquisition; and
WHEREAS, the removal of this large block of land from the tax rolls of Wilkinson County could materially affect the county tax digest; and
WHEREAS, we can see no material justification for the expenditure of large sums of money for acquisition of an area that would benefit few but adversely affect many in our local area.
FRIDAY, MARCH 12, 1965
2341
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby protest the establish ment of this unnecessary Federal project and urges each member of the Georgia Congressional Delegation to use their influence to acquaint the U. S. Fish and Wildlife Service with the disadvantages of establishing such a project.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this resolution to each member of the Georgia Congressional Delegation and to the Secretary of the U. S. Departments of Agriculture, Interior and Com merce.
SR 92. By Senator Kidd of the 25th and Senator Gillis of the 20th:
A RESOLUTION
Protesting the establishment of the Oconee Wildlife Refuge by the Federal Government; and for other purposes.
WHEREAS, the United States Fish and Wildlife Service has a proposed plan to acquire over 13,000 acres of land in Wilkinson and Baldwin counties for a preserve to be known as the Oconee Wildlife Refuge; and
WHEREAS, this would remove from private and industrial use, thousands of acres of prime hardwood timberland and rich mineral land upon which hundreds of Georgia families depend for livelihood; and
WHEREAS, businesses dependent on this land and the timber there on would be forced to liquidate, which would put hundreds of citizens on the unemployment rolls and result in a severe setback to the economy of this region; and
WHEREAS, the acquisition of this land by the federal government would remove all of it from the tax digests of the local governments involved, possibly necessitating a tax increase because of the resultant loss of tax revenues; and
WHEREAS, this project is not a needed project, but is only another example of federal bureaucracy in action.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby go on record as strongly protesting the proposed plan to create the Oconee Wildlife Refuge and the acquistition of more than 13,000 acres of prime timberland in Wilkinson and Baldwin counties by the federal government.
BE IT FURTHER RESOLVED that the members of the Georgia congressional delegation are hereby requested and urged to take all
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possible steps to stop this proposed project and protect the right of private ownership of this land.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each United States Senator from Georgia, and to each United States Representative from Georgia.
HR 253. By Mr. Chandler of Baldwin:
A RESOLUTION
Creating an interim study committee to study the cost of patient care in public hospitals and other public institutions; and for other pur poses.
WHEREAS, there are many public institutions in Georgia providinghospital care and other services for the physically and mentally ill; and
WHEREAS, the methods of treatment, accommodations and other services afforded such patients are a matter of public concern; and
WHEREAS, the methods used to determine the costs to such patients for such treatment, accommodations, and services is also a matter of public concern;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study the cost of patient care in public hospitals and other public institutions. Said committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House. Said com mittee shall undertake a thorough examination of all matters relating to the purposes for which it was created as herein provided. The mem bers shall meet within thirty (30) days after all members have been appointed for the purposes of organizing, electing such officials as may be deemed advisable, and adopting procedures for the operation of the committee. The members shall receive the compensation per diem, ex penses and allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than twenty (20) days per member. Provided, however, the Speaker shall be authorized to extend the number of meeting days authorized herein upon request of the committee in the event additional time is needed to allow the committee to complete the purposes of this Resolution. The committee shall make a report of its findings and recommendations which report shall be accompanied by such proposed legislation that might be recommended by the committee. Such report shall be made on or before December 1, 1965, on which date the committee shall stand abolished.
FRIDAY, MARCH 12, 1965
2343
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 253 as follows:
By striking the following: "twenty (20) days" and inserting in lieu thereof the following: "ten (10) days".
The Resolution was adopted as amended.
HR 140.. By Messrs. Irvin of Habersham; Barber of Jackson; and Story of Gwinnett:
A RESOLUTION
Creating a committee for the purpose of studying the possibility of a 12 month school year; and for other purposes.
WHEREAS, the State of Georgia is the owner of school property valued at approximately $800,529,988.00; and
WHEREAS, these facilities are being utilized to approximately only 60 per cent of their potential; and
WHEREAS, the Georgia School Board Association has originated a Resolution to recommend that a committee be appointed to study th feasibility of operating a more efficient school system by maintain ing the same system on a 12 month basis; and
WHEREAS, it is to the best interest of the State of Georgia to utilize these facilities to their fullest extent possible, thus insuring a greater return for each tax dollar spent on education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven (7) members to be appointed by the Speaker. The committee shall study the problems of the further utilization of school facilities by maintaining the school system on a 12-month basis and shall make such other studies and inquiries that may be necessary to effective ly carry out the purposes of this Resolution. Each member of said com mittee shall receive the compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative com mittees, but no member shall receive the same for more than 20 days. The members shall receive the same 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, including pro posed legislation, if any, on or before December 1, 1965, on which date the committee shall stand abolished and shall cease to exist.
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JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Rules Committee of the House moves to amend HR 140 as follows:
By striking the "RESOLVE" clause in its entirety and inserting in lieu thereof a new "RESOLVE" clause to read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of seven (7) members to be appointed by the Speaker. The committee shall study the problems of the further utlization of school facilities by maintaining the school system on a 12-month basis and shall make such other studies and inquiries that may be necessary to effectively carry out the purposes of this Resolution. Each member of said committee shall receive the com pensation, per diem, expenses and allowances authorized for legisla tive members of interim legislative committees, but no member shall receive the same for more than 20 days. The members shall receive the same 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, including proposed legislation, if any, on or before December 1, 1965, on which date the committee shall stand abolished and shall cease to exist."
The Resolution was adopted as amended.
The following Resolution of the House was taken up for the purpose of con sidering the Senate's insistence on its position in amending the same.
HR 238-657. By Messrs. Newton of Colquitt, Irvin of Habersham and Carr of Washington:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State govern ment and the costs incurred by local governments in operating the public schools of Georgia, and for other purposes.
Mr. Newton of Colquitt moved that the House insist on its position in disagresing to the Senate amendment to HR 238-667 and that a Conference Com mittee on the part of the House be appointed to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker appointed as a committee on the part of the House: Messrs. Newton of Colquitt, Brantley of Candler and Irvin of
Habersham.
FRIDAY, MARCH 12, 1965
2345
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 150. By Senators Hall of 52nd and Smalley of 28th:
A Bill to be entitled an Act to amend the Health Code, and for other purposes.
Mr. Lowrey of Floyd moved that the House insist on its position in amending
SB 150 and that a 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 commitee on the part of the House: Messrs. Lowrey of Floyd, NeSmith of Meriwether and Collins of Mitchell.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 664. By Mr. Looper of Dawson:
A Bill to be entitled an Act to abolish the present mode of compensating the sheriff of Dawson County, and for other purposes.
The following Senate amendment was read:
Senator Owens of 49th moves to amend HB 664 by striking from Section 6 the word "January" and inserting in lieu thereof the word "April".
Mr. Looper of Dawson moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 664 was agreed to.
2346
JOURNAL OP THE HOUSE,
HB 543. By Mr. Looper of Dawson:
A Bill to be enttiled an Act to provide for supplemental compensation for the ordinary of Dawson County, and for other purposes.
The following Senate amendment was read:
The Committee on C, & M. moves to amend HB 543, as follows:
By inserting in the title after the words "Dawson County;" and before the words "to repeal conflicting laws;" the words "to provide for a referendum;".
By renumbering Section 2 as Section 3 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, the Ordinary of Dawson County shall issue the call for an election for the purpose of submitting this Act to the voters of Dawson County for approval or rejection. The Ordinary shall set the date of such election for a day to be designated by the governing authority of Dawson County, and not more than nine months after the date of the issuance of the call. In the event the governing authority of Dawson County fails to designate the day on which such election shall be held, the Ordinary shall set the date of such election to be held at the same time, place and day as the general election to be held in November, 1966. In either case, 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 Dawson County. The ballot shall have written or printed thereon the words:
'For approval of the Act providing for supplemental compensa tion for the Ordinary of Dawson County.
'Against approval of the Act providing for supplemental com pensation for the Ordinary of Dawson 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 more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Dawson 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 other wise provided herein. It shall be the duty of the Ordinary to can vass the returns and declare and certify the result thereof to the Secretary of State."
FRIDAY, MARCH 12, 1965
2347
Mr. Looper of Dawson moved that the House disagree to the Senate amend ment.
The motion prevailed and the House disagreed to the Senate amendment to HB 543.
Under the General Order of Business established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time.
SB 184. By Senator Rowan of the 8th:
A Bill to be entitled an Act to amend an Act creating the Teachers' Retirement System of Georgia so as to further define earnable com pensation, and for other purposes.
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 Bagby Balkcom Barber Beck Black Blair Blalock Bolton Bowen, J. 0. Brinkley Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Collins, J. F.
Collins, M. Colwell Crowe Dailey DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Flynt Fulford Gary Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R.
Harris, R. W. Henderson Herndon Holder Hudgins Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, M. Jordan, Ben C. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lovett Lowrey
2348
Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moore, Don C. Moses NeSmith, J. D. Newton, D. L. Odom Otwell Pafford
JOURNAL OP THE HOUSE,
Page Perry Peterson Phillips, G. S. Phillips, L. L. Poss Reaves Reid Rhodes Richardson Ross Rowland Rush Savage Sewell Shea Simkins Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R.
Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Ware Watkins Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Voting in the negative was Mr. Ballard
Those not voting were Messrs.:
Anderson Arnsdorff Bedgood Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Bynum Clark, J. T. Coker, G., Dr. Coker, R. Conger Conner Davis Dean DeLoach Dollar Dorminy Doster Etheridge Farrar Floyd Hall
Houston Howell Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W, Lambert Lane Lee, F. S. Leonard Looper Matthews, C. McClelland Mitchell Mixon Mo ate Moore, J. H. Murphy Nessmith, P. Nawton, A. S. Oglesby Overby Paris Parker
Pickard Pope Potts Rainey Roberts Rodgers, H. B. Rogers, Jimmie Roper Russell Shuman Simmons Simpson Smith, Chas. C. Smith, G. L. II Strickland Tabb Thomas Tucker, J. B. Vaughn, C. R. Watson Wells White Wright Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 1.
FRIDAY, MARCH 12, 1965
2349
The Bill, having received the requisite constitutional majority, was passed.
Mr. Ballard of Newton requested that he be recorded as voting "Aye" in stead of "Nay".
SB 218. By Senator Webb of llth:
A Bill to be entitled an Act to amend an Act creating the Georgia Employees' Retirement System so as to remove the provisions providing creditable service for certain members, and for other purposes.
The following amendment was read and adopted:
Messrs. Williams of Hall and Blalock of Coweta move to amend SB 218, as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for the effect of this Act on certain persons".
By adding a new Section to be known as Section 4 to read as follows:
"Section 4. Each person who would have been covered or who would have been eligible for coverage under the provisions of the Act approved March 3, 1965 (Act. No. 48, Ga. Laws 1965), which are being stricken by this Act, shall be in exactly the same position in relation to the Employees' Retirement System of Georgia as if said 1965 Act had never become law, and any money, check or other negotiable instrument which has been tendered to said System by any such person as a result of the passage of said 1965 Act, shall be returned to the person tendering same, if the same was accepted by the System, but the application of such person in connection therewith had not been acted upon by the Board of Trustees of the System."
By renumbering Section 4 as Section 5.
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
Arnsdorff Balkcom Ballard
Beck Bedgood Black
2350
Blair Blalock Bolton Bowen, J. 0. Branch Brinkley Brown, Gene Brown, M. P. Busbee Byrd Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe D ailey Davis Dean DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Etheridge Floyd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder
JOURNAL OP THE HOUSE,
Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Minge Mitchell Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Odom Overby Pafford Paris
Parker Peterson Phillips, G. S. Phillips, L. L. Pope Potts Rainey Reid Richardson Roberts Rowland Rush Savage Sewell Shea Simkins Simpson Singer Smith, E. B., Jr. Smith, V. T. Spikes Spillers Stalnaker Story Sweat Tabb Thomas Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson
Those not voting were Messrs.:
Abney Bagby Barber Bowen, R. L. Brackin Brantley Brooks, Geo. B. Brooks, Wilson Bynum Caldwell
Clark, J. T. Conger Conner DeLoach Dollar Dorminy Doster Dunwody Evans Farrar
Flynt Hale Hall Henderson Houston Hudgins Hull Johnson, B. Jones, F. C. Kelly
Knight, D. W. Lambert Lane Lee, F. S. Leonard Matthews, C. McClelland Melton Milhollin Mixon Moate Murphy Nessmith, P. Newton, D. L. Oglesby
FRIDAY, MARCH 12, 1965
Otwell Page Perry Pickard Poss Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Ross Russell Shuman Simmons Smith, A. B.
2351
Smith, Chas. C. Smith, G. L. II Smith, J. R. Snow Steis Strickland Tucker, J. B. Underwood Wells White Woodward Wright Mr. Speaker
On the passage of the Bill, as amended, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Evans of McDuffie arose to a Point of Personal Privilege and addressed the House.
SB 63. By Senator Jackson of 16th:
A Bill to be entitled an Act to provide that no member of a train crew, yard crew or engine crew of a railroad shall be held personally re sponsible for blocking any street, and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that no member of a train crew, yard crew or engine crew of a railroad, which is a common carrier, shall be held personally responsible or found guilty of violating any State laws or of any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passengers or freight cars upon proof of certain facts; to provide that the provisions of said Act shall not relieve the employer or railroad from certain responsibility; to repeal certain laws and ordinances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2352
JOURNAL OF THE HOUSE,
SECTION 1
No member of a train crew, yard crew or engine crew of a railroad, which is a common carrier, shall be held personally responsible or found guilty of violating any State laws or of any municipal ordinances regu lating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that the occupying or blocking of said street, road or highway crossing-at-grade was necessary to comply with the orders or instructions either written or oral of his employer or its officers or supervisory officials; provided, however, that the provisions of this Act shall not relieve the employer or railroad from any respon sibility placed upon said employee or railroad by any such State laws or by such municipal ordinances.
SECTION 2
All State laws or parts of State laws and all municipal ordinances or parts of municipal ordinances in conflict with the provisions and in tent of this Act to the extent of such conflict are hereby amended, superseded and repealed.
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 Balkcom Ballard Barber Beck Bedgood Black Blair Bolton Bowen, J. O. Brinkley
Brown, Gene Busbee Bynum Byrd Carr Clark, J. T. Clarke, H. G. Colwell Dailey DeLoach DeVane Dickinson Dixon Dollar
Dorminy Duncan, A. C. Duncan, V. W. Evans Farrar Floyd Flynt Gary Grahl Griffin Harris, J. R. Harris, R. W. Holder Houston
Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jordan, Ben C. Kelly Knight, W. D. Leonard Lewis, E. B. Lewis, P. B. Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt
FRIDAY, MARCH 12, 1965
Milhollin Minge Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Potts Rainey Reid Richardson Roberts Ross Rowland Rush
2353
Russell Savage Sewell Shea Simkins Simpson Spikes Spillers Stalnaker Steis Story Sweat Thomas Tucker, J. B. Underwood Vaughn, C. R. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Thosa voting in the negative were Messrs.:
Collins, M. Crowe Hudgins
Laite Matthews, D. R. Newton, D. L.
Paris Rhodes Tucker, Ray M.
Those not voting were Messrs.:
Acree Alien Blalock Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Caldwell Chandler Coker, G., Dr. Coker, R. Collins, J. P. Conger Conner
Davis Dean Doster Dunwody Etheridge Fulford Griffis Hale Hall Harrell Harrington Harris, J. F. Henderson Herndon Johnson, B.
Jones, C. M. Jones, F. C.
Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Lambert Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Looper Melton Mitchell Mixon Moore, J. H. Nessmith, P. Otwell Page
2354
Parker Poss Reaves Rodgers, H. B. Rogers, Jimmie Roper Shuman Simmons Singer
JOURNAL OF THE HOUSE,
Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Strickland Tabb
Thomason Tidwell Vaughan, D. N. Watkins White Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 119, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Dean of Polk requested that the Journal record him as having voted for the passage of SB 63.
SB 96. By Senator Kidd of 25th:
A Bill to be entitled an Act to amend Code Section 53-102 so as to remove the disability "impotency" that will render a person unable 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, defining what persons shall be able to contract marriage, as amended, so as to remove the disability, "impotency", that will render a person unable to con tract marriage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 53-102, defining what persons shall be able to contract marriage, as amended, is hereby amended by striking Subsection 3 thereof which reads as follows:
"3. Impotency."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
FRIDAY, MARCH 12, 1965
2355
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 Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brooks, Geo. B. Brown, Gene Busbee Bynum Byrd Caldwell Clark, J. T. Clarke, H. G. Coker, R. Collins, M. Colwell Crowe Dailey DeLoach DeVane Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Evans Floyd Flynt Grahl Griffin Griffis
Hale Harris, J. F. Harris, J. R. Harris, R. W. Holder Howell Hutchinson Irvin Jessup Johnson, Dr. A. S. Jordan, Ben C. Kelly Knight, W. D. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Maddox Marshall Mauldin Mauney McClelland McCracken McKemie McRae Merritt Milhollin Minge Mitchell Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Overby Pafford
Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Poss Potts Reid Richardson Roberts Ross Rush Russell Savage Sewell Shea Simpson Singer Smith, V. T. Spikes Spillers Stain aker Steis Story Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
2356
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Bolton Brackin Branch Brantley Brinkley Brooks, Wilson Brown, M. P. Carr Chandler Coker, G., Dr. Collins, J. F. Conger Conner Davis Dean Dollar Dorminy Doster Etheridge Farrar Fulford Gary Hall Harrell Harrington Henderson
Herndon Houston Hudgins Hull Johnson, B. Jones, C. M. Jones, P. C. Jones, G. Paul Jones, M. Jordan, W. H. Knight, D. W. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Luke Matthews, C. Matthews, D. R. McDaniell Melton Mixon Moore, J. H. Nessmith, P. Newton, D. L. Otwell
Parker Pope Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rowland Shuman Simkins Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Snow Strickland Thomas Thomason Underwood Wells White Wilson Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SR 69. By Senator Dean of the 6th:
A Resolution to relieve I. E. Reddish 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.:
Acree Alien Anderson
Arnsdorff Bagby Balkcom
Ballard Barber Beck
Black Blair Bowen, J. O. Bowen, R. L. Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Crowe D ailey Dean DeLoach DeVane Dickinson Dixon Evans Flynt Grahl Griffin Griffis Hale Harris, J. F. Harris, R. W. Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B.
FRIDAY, MARCH 12, 1965
Jones, C. M. Jones, M. Kelly Laite Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Maul din Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Otwell Overby Pafford Page Paris Perry Peterson Phillips, G. S. Phillips, L. L.
2357
Poss Potts Reid Richardson Roberts Ross Rowland Rush Russell Sewell Shea Simkins Simpson Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Bedgood Blalock Bolton Brackin Branch Brantley Brinkley Brooks, Wilson Carr Chandler
Clark, J. T. Coker, G., Dr. Colwell Conger Conner Da vis Dollar Dorminy Doster Duncan, A. C. Duncan, V. W.
Dunwody Etheridge Farrar Floyd Fulford Gary Hall Harrell Harrington Harris, J. R. Henderson
2358
JOURNAL OF THE HOUSE,
Herndon Hull Jones, F. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D. Lambert Lane Lee, F. S. Lee, W. J. (Bill) Matthews, C. Matthews, D. R. Melton Minge
Mitchell Mixon Moore, J. H. Nessmith, P. Newton, D. L. Oglesby Parker Pickard Pope Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Roper Savage
Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Strickland Sweat Tucker, J. B. Watson Wells White Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the General Order of Business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:
SB 56. By Senator Johnson of 42nd:
A Bill to be entitled an Act to amend Code Section 13-305 relating to the salary of the Superintendent 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Balkcom Barber
Beck Bedgood Black Blair Blalock Bowen, J. O. Brinkley
Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Clark, J. T.
Clarke, H. G, Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey DeLoach DeVane Dickinson Dixon Dollar Duncan, V. W. Dunwody Evans Floyd Flynt Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, R. W. Holder Howell Hull Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul
FRIDAY, MARCH 12, 1965
Jones, M. Jordan, Ben C. Kelly Knight, W. D. Leonard Lewis, P. B. Looper Lovett Luke Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Merritt Milhollin Minge Moate Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Otwell Overby Pafford Page Paris Parker Phillips, G. S.
2359
Pickard Poss Potts Reid Richardson Roberts Ross Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Steis Story Tabb Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Bagby Ballard Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Carr Chandler Coker, G., Dr. Conner
Davis Dean Dorminy
Doster Duncan, A. C.
Etheridge Farrar Hale Hall Harrell
Harris, J. R. Henderson Herndon Houston Hudgins Johnson, B. Jones, F. C. Jordan, W. H. Knight, D. W.
Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lowrey Maddox Matthews, D. R. Melton Mitchell Mixon Moore, J. H. Moses
Newton, D. L.
2360
Oglesby Perry Peterson Phillips, L. L. Pope Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie
JOURNAL OP THE HOUSE,
Roper Rowland Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Stalnaker Strickland
Sweat Thomason Underwood Watkins Wells White Wiggins Wilson 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.
The following Resolution of the House was taken up for the purpose of considering the report of the Conference Committee thereon:
HR 238-657. By Messrs. Newton of Colquitt, Irvin of Habersham and Carr of Washington:
A Resolution creating an interim committee to study the relationship between the costs incurred by the State government and the costs in curred by the State government and the costs incurred by local govern ments in operating the public schools of Georgia, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON HR 238
The Conference Committee on HR 238 recommends the following:
1. That the House recede from its position on Senate Amendments 1, 2 and 4.
2. That in lieu of Senate Amendment No. 3 the following Amend ment be adopted:
By striking from the second resolving clause the following:
"also be authorized to appoint ten (10) other citizens of Georgia.",
and substituting in lieu thereof the following:
"be authorized to appoint one member to the committee from the membership of the Georgia Municipal Association, one member
FRIDAY, MARCH 12, 1965
2361
to the committee from the membership of the Georgia Association of County Commissioners and one member to the committee from the membership of the Georgia School Boards Association."
Respectfully submitted,
For the Senate: Carter of 14th Rowan of 8th Kendrick of 32nd
For the House: Newton of Colquitt Irvin of Habersham Brantley of Candler
Mr. Newton of Colquitt 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 Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Bowen, J. 0. Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell
Crowe Dailey Dean DeVane Dollar Duncan, V. W. Dunwody Evans Flynt Fulford Grahl Griffin Griffis Harris, J. R. Harris, R. W. Henderson Holder Howell Hudgins Hutchinson Irvin Jessup
Johnson, Dr. A. S. Jordan, Ben C. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, P. B. Looper Lovett Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McDaniell McRae Melton Merritt Mixon
2362
Moate Moore, Don C. Moore, J. H. Moses Nessmith, P. Newton, A. S. Newton, D. L. Odom Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S.
JOURNAL OF THE HOUSE,
Phillips, L. L. Potts Reaves Richardson Ross Rowland Russell Sewell Shea Simkins Simp son Singer Smith, J. R. Snow Spikes Spillers Stalnaker
Steis Story Strickland Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watson Wells Williams, G. J. Williams, W. M. Wright
Those voting in the negative were Messrs.:
Bowen, R. L. Branch Brinkley Bynum Gary Harris, J. F.
Jones, M. Kelly Lane Milhollin Minge Murphy
Pope Reid Vaughan, D. N. Wiggins
Those not voting were Messrs.:
Alien Ballard Blalock Bolton Brackin Brantley Brooks, Wilson Byrd Caldwell Carr Chandler Coker, G., Dr. Conger Conner
Davis
DeLoach
Dickinson
Dixon
Dorminy
Doster
Duncan, A. C.
Etheridge
Farrar Floyd Hale Hall Harrell Harrington Herndon Houston Hull Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H.
Knight, D. W.
Laite
Lambert
Lee, W. J. (Bill)
Leonard Lewis
Maddox McKemie
Mitchell NeSmith, J. D. Oglesby Pickard Poss Rainey Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Savage Shuman
Simmons Smith, A. B.
Smith, Chas. C.
Smith, E. B., Jr.
Smith, G. L. II
Smith, V. T.
Sweat Thomason
Tucker, J. B. Watkins
FRIDAY, MARCH 12, 1965
White Wilson
Woodward Mr. Speaker
2363
On the motion to adopt, the ayes were 116, nays 16.
The Conference Committee Report on HR 238-657 was adopted.
The following Bills of the Senate were taken up for the purpose of consider ing the reports of the Conference Committees thereon:
SB 7. By Senators Webb of llth, Hill of 29th and Plunkett of 30th:
A Bill to be entitled an Act to create the Georgia State Scholarship Commission, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON SB 7
The Conference Committee on SB 7 has met and submits the fol lowing :
The Committee recommends that the House and Senate both recede from their positions on SB 7 and recommends the adoption of the at tached Substitute.
Respectfully submitted, For the Senate: Carter of 14th Webb of llth Brown of 46th
For the House: Matthews of Clarke Murphy of Haralson Paris of Barrow
A BILL To be entitled an Act to create the Georgia State Scholarship Com mission; to authorize and empower the Commission to activate, in augurate and conduct a program to provide for the granting of scholar-
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ships to students desiring to pursue a program of study in the para medical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and conditions for the granting of such scholarships; to prescribe the mem bership and officers of the Commission; to provide the appointment or election of said members and officers and their terms in office; to provide for an Executive Director and prescribe his authority and duties; to provide for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum require ment for the transaction of business; to prescribe the duties of the Commission; to authorize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees; to provide for personnel; to authorize and empower the Commission to formulate proper and necessary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Com mission; to provide for the making of contracts between the Commission and the recipients of scholarships; to provide an effective date for budgets and appropriations; to provide the procedure connected with the foregoing:; to repeal an Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. Laws 1964, p. 699), and to abolish the Commission created thereunder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Creation of State Scholarship Commission.--There is hereby created a Commission to be known as the Georgia State Scholar ship Commission, which is authorized and empowerd to grant scholar ships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other pro fessional and educational fields of study as defined and approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine.
Section 2. Terms and Conditions of Scholarships.--The terms and conditions governing the scholarships shall be prescribed and formu lated by the State Scholarship Commission, but shall include the condi tion that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when approved by the Commission, in cash with interest at the rate of six (6%) per cent per annum, said interest to accrue from the date each payment is made.
Section 3. Members of the Commission.--The State Scholarship Commission hereby created shall be the members of the Board of Direc-
FRIDAY, MARCH 12, 1965
2365
tors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, author ity and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law.
Section 4. Terms of Members of the Commission.--The terms of office of members of the State Scholarship Commission shall be the same, and run concurrently with the terms of Directors of the Georgia Higher Education Assistance Corporation as provided by the Act creating the Corporation.
Section 5. Officers of the Commission.--The officers of the Com mission shall consist of a Chairman, Vice Chairman and Executive Director. The Chairman and Vice Chairman shall be elected by the Commission from its membership. Members of the Commission shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging.
The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thous and ($25,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Direc tor shall properly account for all funds coming into his hands as Execu tive Director and Treasurer. He shall keep full, complete and perma nent minutes and records of all proceedings and actions of the Commis sion and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. The Commission shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act.
The Chairman shall be authorized to appoint subcommittees com posed of representatives from each profession represented in the scholar ship program to assist in the selection of recipients for scholarships in that particular profession. Persons appointed to the subcommittees shall not receive any compensation for their services but shall be re imbursed for expenses of travel and lodging.
Section 6. Vacancies in Office.--Vacancies for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim.
Section 7. Meetings.--The Commission shall meet at least once in each fiscal year at a regular time established by the Commission, and may meet at such other times as the Chairman may designate by giving at least five (5) days notice.
Section 8. Duties of the Commission.--In accordance with the pro visions of this Act, the Commission shall formulate all rules and regu-
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lations necessary for the efficient and effective conduct of the scholar ship program; determine the areas in which specific services are needed; prepare and supervise the issuance of public information con cerning the provisions of this Act; prescribe the form and regulate the submission of applications for scholarships; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or dis allow all applicants for scholarships, or renewal of scholarships; con tract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and manage, operate and control all funds appropriated for this purpose.
It shall be the further duty of the Commission to approve the com munity or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has been established by a full investigation by the Commission.
(a) Eligibility for Scholarship. An applicant may be eligible for the award of a scholarship when the following conditions are met:
(1) that he desires a scholarship in an area in which specific services are needed in Georgia;
(2) that he is a bona fide resident of Georgia;
(3) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires;
(4) that he is a person of good moral character;
(5) that he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to a non-profit educational institution approved by the Commission.
(6) that he has capacity to profit by the course of study for which he seeks aid.
In determining an applicant's capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record the results of examinations conducted under the provisions of this Act, and the results of interviews and such other tests or examina tions which the Commission may deem advisable. In establishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family.
(b) Amount of Scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized Georgia institutions.
FRIDAY, MARCH 12, 1965
2367
(c) Payment of Scholarship Grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship.
(d) Renewal of Scholarships.--Each scholarship is renewable an nually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Com mission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a student in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Act.
(e) Annual Report of the Commission.--The Commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the field of study of each recipient, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the pro gram and a budget requesting the funds necessary for the operation of the Commission. The report shall also include an accounting of re payments of scholarships, whether by services or in cash including six (6%) interest.
Section 9. Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholastic Com mission agreeing to the terms and conditions upon which the scholar ship shall be granted to him. Said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia and shall be signed by the Chairman of the Commission, countersigned by the Executive Director and shall be signed by the applicant. For the purposes of this Act, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are de clared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any appli cant is hereby declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commis sion on any contract.
The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed suf ficient by the Commission.
Section 10. (a) Budgets and Appropriations.--For budgetary and appropriation purposes the Commission shall specify the various areas of study purposes for which scholarships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated that the appropriation to the Commission shall
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be in an amount for each such classification. However, the provisions of this Section shall not become effective until July 1, 1965.
(b) Payment of Funds to Commission.--All payments of funds appropriated for scholarships hereunder shall be made prior to the time funds are needed by requisition of the Commission signed by the Executive Director directed to the State Budget Officer who shall there upon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requisition and payable to the Executive Director as designated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds ap propriated by the General Assembly for the purposes provided for in this Act.
Section 11. Specific Repealer.--The Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. Laws 1964, p. 699), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished.
Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Matthews of Clarke 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 Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Bowen, J. O. Brackin Branch Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Byrd Clarke, H. G.
Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Davis Dean DeLoach DeVane Dollar Duncan, A. C. Duncan, V. W. Floyd Gary Grahl Griffin Griffis Harris, J. F.
Harris, J. R. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jordan, Ben C. Jordan, W. H. Kelly Knight, W. D. Lee, F. S. Lee, G. B. Lewis, E. B. Lewis, P. B.
FRIDAY, MARCH 12, 1965
2369
Looper Marshall Matthews, C. Mauldin Mauney McDaniell McKemie McRae Melton Merritt Mixon Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Overby Pafford Page Paris
Parker Perry Phillips, L. L. Pope Reid Rhodes Richardson Roberts Roper Ross Rowland Rush Savage Sewell Shea Simpson Singer Smith, E. B., Jr. Smith, G. L. II Spikes
Spillers Steis Story Strickland Tabb Thomas Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs. :
Acree Bagby Blalock Bolton Bowen, R. L. Brantley Brinkley Brooks, Wilson Bynum Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Conger Dickinson Dixon Dorminy Doster Dunwody Etheridge Evans Farrar Flynt Fulford Hale Hall Harrell Harrington
Harris, R. W. Houston Hull Jones, C. M. Jones, G. Paul Jones, M. Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lovett Lowrey Luke Maddox Matthews, D. R. McClelland McCracken Milhollin Minge Mitchell Moate Moses Nessmith, P. Newton, D. L. Odom Oglesby Otwell
Peterson Phillips, G. S. Pickard Poss Potts Rainey Reaves Rodgers, H. B. Rogers, Jimmie Russell Shuman Simkins Simmons Smith, A. B. Smith, Chas. C. Smith, J. R. Smith, V. T. Snow Stalnaker Sweat Thomason Tucker, J. B. Vaughan, D. N. Watkins White Wilson Mr. Speaker
On the motion to adopt, the ayes were 119, nays 0.
The Conference Committee Report on SB 7 was adopted.
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SB 8. By Senators Webb of llth, Plunkett of 30th and Hill of 29th:
A Bill to be entitled an Act to create the Georgia Higher Education Assistance Corporation, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON SENATE BILL 8
The Conference Committee on SB 8 has met and submits the follow ing:
The Committee recommends that the House and Senate both recede from their positions on Senate Bill 8 and recommends the adoption of the attached Substitute,
Respectfully submitted,
For The Senate Carter of 14th Webb of llth Broun of 46th
For The House Matthews of Clark Murphy of Haralson Paris of Barrow
A BILL
TO BE ENTITLED
An Act to create the Georgia Higher Education Assistance Corpora tion; to provide for purposes; to provide for definitioins; to provide for a Board of Directors; to provide for powers and duties; to provide for loans and interest thereon; to provide for repayment of loans; to provide for loan applications; to provide for contributions and deduction from taxes thereof; to provide for tax exemptions; to provide for the establish ment of scholastic eligibility for a loan; to provide for examination and reports; to provide for dissolution; to provide for other matters relative to the foregoing; to repeal an Act creating the Georgia Higher Education Assistance Corporation, approved March 25, 1964 (Ga. Laws 1964, p. 735) and to abolish the Board of Directors created thereunder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created a non-profit corporation which shall be known as the Georgia Higher Education Assistance Corporation.
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2371
Section 2. The purposes of such Corporation shall be to improve the higher educational opportunities of persons who are residents of this State and who are attending or plan to attend colleges in this State or elsewhere by guaranteeing a loan of funds to such persons to assist them in meeting their expenses of higher education all in accordance with the provisions of this Act and pursuant to the Constitution of this State.
Section 3. As used in this Act the following terms shall have the following meanings:
1. "Corporation" shall mean the Georgia Higher Education Assist ance Corporation.
2. "Board" shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation.
3. "College" shall mean any non-profit institution of higher educa tion either within or without the State of Georgia, recognized and ap proved as such by the Corporation, which provides a course of study leading to the granting of a post-secondary degree or diploma.
Section 4. (a) The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall consist of members as follows: The Chancellor of the University System of Georgia, the Chairman of the Board of Regents, and the State Budget Officer; and one member from each congressional district in the State and two additional members from the State at large, appointed by the Governor and confirmed by the Senate. Initially, the Governor shall appoint two members to serve for a period of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, two members for a term of five years, and two members for a term of six years. Thereafter, all members appointed by the Governor shall serve for six-year terms. Neither the Governor nor any other State official, not designated herein, shall be appointed a member of this Board. All members shall serve until their successors are appointed and qualified. All appointive members shall be at least twenty-one years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their successors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. In the event of a vacancy on the Board, the Governor shall appoint a person to serve the unexpired term, subject to confirmation by the Senate. All appoint ments made when the Senate is not in session shall be effective ad interim. Appointive members of the Board shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. Members of the Board who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act as hereinafter provided.
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(b) The officers of the Board of Directors of the Corporation shall consist of a Chairman, Vice Chairman and Executive Director. The Board shall elect from its own members a Chairman and Vice Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms.
The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Corporation a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Corporation. The Execu tive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. He shall serve without further remuneration. He shall be authorized to employ, with the approval of the Board, such qualified personnel as may be necessary to effectuate the purposes of the Corporation and of this Act.
(c) The Board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the Corporation, the act of the majority of the directors present at any meeting shall be deemed the act of the Board.
(d) The Board shall adopt by-laws for the Corporation and shall approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.
(e) The Board may elect an Executive Committee of not less than seven members who in intervals between meetings of the Board may transact such business of the corporation as the Board may, from time to time, authorize. The concurrence of five members of such Committee shall be the act of such Committee. Any action of the Executive Com mittee shall be binding upon the corporation unless such action is rescinded at the next regular meeting of the Board of Directors. Pro vided, further, any State employee serving on this Committee shall receive no compensation but shall receive reimbursements for actual expenses expended.
Section 5. The Board shall have the following powers:
(1) To guarantee the loan of money upon such terms and conditions as the Board may prescribe within the limits contained in this Act to persons who are bona fide residents of this State and who are attending or plan to attend colleges in this State or elsewhere to assist them in meeting their expenses of higher education. Provided, however, that no loan to any such person shall be guaranteed in excess of the following amounts:
FRIDAY, MARCH 12, 1965
$ 900.00 for the freshman year; $1,000.00 for the sophomore year; $1,200.00 for the junior year; $1,200.00 for the senior year; $1,500.00 for each graduate year;
2373
and a total of not to exceed $7,500.00.
Students who are attending or plan to attend college on a part-time basis shall be eligible for guaranteed loans hereunder. The Board shall establish minimum qualifications for a person to be termed a part-time student for the purposes hereof. Ths Board shall have the power to procure a policy or policies of group life insurance to insure the repay ment of loans guaranteed by the Corporation in the event of a death of an individual for whom a loan is guaranteed hereunder.
(2) To take, hold and administer, on behalf of the Corporation and for any of its purposes, real property, personal property and monies, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the Corporation. The Board may acquire property or monies for such purposes by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans. Provided, however, no obligation of the Corporation shall be a debt of the State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation.
(3) To enter into contracts with the colleges upon such terms as may be agreed upon between the Corporation and any such college so as to provide for the administration by such college of any loan guaranteed by the Corporation, including applications therefor and repayment thereof.
(4) To sue and be sued in the name of the Corporation.
(5) To adopt rules and regulations not inconsistent with law governing the application for and administration and repayment of loans guaranteed by the Corporation.
(6) To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the Corporation as provided in this Act.
Any group life insurance policies issued hereunder shall be issued on competitive bids under rules and regulations established by the Corporation. Provided the cost of insurance premiums incurred shall be a part of the principal of the loan of the individual insured.
Section 6. The loans provided herein may be made by commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems.
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Section 7. No loan guaranteed by the Corporation shall bear interest at a rate in excess of six per cent per annum. All of the interest payable on loans guaranteed by the Corporation shall be paid on behalf of and for the account of the borrower, by the Corporation during the period during which the borrower is regularly pursuing the college program for which such loan was made but not to exceed seven years from the date such loan was originally made. The borrower shall be liable to the Corporation for all such interest so paid by the Corporation, and the Corporation shall be subrogated to the rights of the lender for all interest and any principal paid by it for the account of the borrower.
Section 8. The terms and conditions of any loan guaranteed by the Corporation shall not require the borrower to begin the repayment of his loan and any interest which he may be obliged to pay thereon, earlier than one year following his completion or other termination of the college program for which such loan was made, or three months after he becomes regularly employed, or self-employed, following such com pletion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay the principal of any such loan at a rate in excess of $50.00 per month, except in case of default, but the Corporation shall encourage more rapid re payment where practicable. The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed two years.
Section 9. Acceptance of the applicant by a college shall establish scholastic eligibility for a loan.
Section 10. Any person otherwise qualifying for a loan guaranteed by the Corporation shall not be disqualified by reason of being under the age of twenty-one years and for the purpose of applying for, receiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age with respect thereto.
Section 11. All contributions made to the Corporation shall be deductible for State income tax purposes.
Section 12. The property, income, obligations and activities of the Corporation shall be exempt from all State taxation of any type and from all municipal, county or other political subdivision taxation of any type.
Section 13. The Corporation shall be subject to examination by the State Auditor. The Corporation shall make an annual report of its condition to the Governor and to the members of the General Assembly
on or before December first of each year.
Section 14. The Corporation and its corporate existence shall con tinue until termination by law upon a finding by the General Assembly that there no longer exists any need for such corporation; provided, however, that no such law shall take effect so long as the Corporation
FRIDAY, MARCH 12, 1965
2375
shall have obligations outstanding. Upon the dissolution of the Corpora tion, all the property and monies of such Corporation shall become the property and monies of the State.
Section 15. The Act creating the Georgia Higher Education Assist ance Corporation, approved March 25, 1964 (Ga. Laws 1964, p. 735), is hereby repealed in its entirety and the Board of Directors created thereunder is hereby abolished.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Matthews of Clarke 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 Anderson Arnsdorff Bagby Balkcom Ballard Barber Bedgood Black Blair Blalock Bolton Bowen, J. 0. Brackin Branch Brinkley Brown, Gene Busbee Byrd Clark, J. T. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Dean DeVane Dollar
Dorminy Doster Floyd Grahl Griffin Henderson Holder Howell Hudgins Hutchinson Irvin Jessup Jones, G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney
McDaniell McRae Melton Merritt Minge Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Phillips, G. S. Phillips, L. L. Pope Reid Roberts Roper Ross Rowland Rush Russell
2376
Savage Simkins Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spillers
JOURNAL OP THE HOUSE,
Stalnaker Steis Story Strickland Tabb Thomas Tidwell Tucker, J. B.
Tucker, Ray M. Underwood Walker Ware Watson Wells Williams, G. J. Williams, W. M.
Those not voting were Messrs. :
Alien Beck Bowen, R. L. Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Conger Conner Davis DeLoach Dickinson Dixon Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Farrar Flynt Fulford Gary Griffis Hale
Hall Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Herndon Houston Hull Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Kelly Knight, D. W. Laite Lane Lee, G. B. Looper Lovett Matthews, D. R. McClelland McCracken McKemie Milhollin Mitchell Mixon Moses Nessmith, P. Newton, D. L.
Peterson Pickard Poss Potts Rainey Reaves Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Sewell Shea Shuman Simmons Simpson Singer Smith, Chas. C. Smith, G. L. II Snow Sweat Thomason Vaughn, C. R. Vaughan, D. N. Watkins White Wiggins Wilson Woodward Wright Mr. Speaker
On the motion to adopt, the ayes were 114, nays 0.
The Conference Committee Report on SB 8 was adopted.
Mr. Murphy of Haralson moved that the House recede from its position in disagreeing to the Senate amendments to the following compensation Resolutions of the House:
FRIDAY, MARCH 12, 1965
HR 18-27 HR 19-27 HR 25-43 HR 26-43 HR 29-47 HR 32-58 HR 40-84
HR 41-84 HR 42-84 HR 45-84 HR 49-87 HR 53-99 HR 68-117 HR 70-117
HR 77-120 HR 78-120 HR 79-120 HR 80-120 HR 82-121 HR 83-121 HR 84-121
HR 85-121 HR 86-121 HR 89-123 HR 90-123 HR 94-123 HR 124-192 HR 69-117
2377
On the motion to recede, the ayes were 124, nays 0.
The motion to recede prevailed.
The following Senate amendment, applicable to each of the above compensation Resolutions, was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any re muneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each pay ment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House adopt this amendment to each of the aforementioned compensation Resolutions.
On the motion to adopt, the ayes were 124, nays 0.
This amendment to each of the aforementioned compensation Resolutions was adopted.
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JOURNAL OF THE HOUSE,
The following Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 10-2. By Mr. Snow of Walker: A Resolution to compensate Steve Sweet, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remune ration of any kind in connection with any claim presented to the State Claims Advisory Board for consideratioin and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HR 10-2 was agreed to.
HR 17-25. By Mr. Knight of Laurens. A Resolution to compensate L. H. Cook, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to
FRIDAY, MARCH 12, 1965
2379
collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HR 17-25 was agreed to.
HR 31-56 By Mr. Lewis of Burke: A Resolution to compensate John B. Home, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HR 31-56 was agreed to.
2380
JOURNAL OP THE HOUSE,
HR 54-101 By Mr. Laite of Bibb: A Resolution to compensate Henry W. Burden, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HR 54-101 was agreed to.
HR 67-117 By Mr. Arnsdorff of Effingham: A Resolution to compensate Odis E. Bevill, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the
FRIDAY, MARCH 12, 1965
2381
General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Murphy of Haralson moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 120, nays 0. The Senate amendment to HR 67-117 was agreed to.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 150. By Senators Hall of the 52nd and Smalley of the 28th: A Bill to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health, approved March 18, 1964 (Ga. L. 1964, p. 499), and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Smalley of the 28th, Gaynor of the 5th and Hall of the 52nd.
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
SB 7.
By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th:
A Bill to create the Georgia State Scholarship Commission; and for other purposes.
2382
JOURNAL OF THE HOUSE,
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
SB 8. By Senators Webb of the llth, Plunkett of the 30th and Hill of the 29th:
A Bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.
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 182. By Senators Johnson of 38th, Coggin of 35th and others:
A Bill to be entitled an Act to amend Code Section 61-302 relating to the issuance of dispossessory warrants, and for other purposes.
Mr. Caldwell of Upson moved that SB 182 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 Arnsdorff
Balkcom Beck Black Blair Bolton Bowen, J. 0. Brantley Brinkley
Brown, Gene Brown, M. P. Bynum Byrd Caldwell Clark, J. T. Collins, M. Colwell Conger Crowe Dailey
DeLoach DeVane Dickinson Dollar
Dorminy Duncan, V. W. Evans Farrar Flynt Griffis Hale Harrell
Harris, J. F. Harris, J. R. Harris, R. W. Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, M.
Jordan, Ben C. Jordan, W. H. Knight, D. W. Knight, W. D.
Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Lovett
Luke Marshall Matthews, C. Matthews, D. R. Mauney McCracken McDaniell McKemie McRae Merritt Mixon
Moate Moore, Don C. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Oglesby Overby Pafford Page Parker Perry Peterson
FEIDAY, MARCH 12, 1965
Pickard Potts Reaves Rhodes Roberts Ross Russell Savage Simkins Simp son Singer Smith, E. B., Jr. Snow Spillers
2383
Stalnaker Steis Story Thomas Underwood Vaughan, D. N. Watson Wells White Wiggins Williams, G. J. Woodward
Those voting in the negative were Messrs.:
Abney Ballard Brooks, Wilson Etheridge Gary Henderson Jones, C. M. Kelly Lambert
Lowrey Mauldin Milhollin Minge Otwell Phillips, L. L. Pope Rowland Rush
Shea Smith, A. B. Smith, G. L. II Tabb Thomason Vaughn, C. R. Walker Ware Wright
Those not voting were Messrs.:
Bagby Barber Bedgood Blalock Bowen, R. L. Brackin Branch Brooks, Geo. B . Busbee Carr Chandler Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Conner Davis Dean Dixon Doster Duncan, A. C. Dunwody Floyd
Fulford Grahl Griffin Hall Harrington Houston Hull Jessup Johnson, B. Jones, F. C. Jones, G. Paul Laite Lee, W. J. (Bill) Maddox McClelland Melton Mitchell Moore, J. H.
Moses Odom Paris Phillips, G. S. Poss
Rainey Reid Richardson Rodgers, H. B. Rogers, Jimmie
Roper Sewell Shuman Simmons Smith, Chas. C. Smith, J. R. Smith, V. T. Spikes, H. R. Strickland Sweat Tidwell Tucker, J. B. Tucker, Ray M. Watkins Williams, W. M. Wilson Mr. Speaker
2384
JOURNAL OF THE HOUSE,
On the motion to table, the ayes were 109, nays 27.
SB 182 was tabled.
Mr. Richardson of Chatham requested that the Journal record him as having voted "Nay" on the motion to table SB 182.
Mr. Jones of Liberty moved that the House reconsider its action in passing the following Bill of the Senate:
SB 56. By Senator Johnson of 42nd:
A Bill to be entitled an Act to amend Code Section 13-305 relating to the salary of the Superintendent of Banks, and for other purposes.
The motion prevailed and the House reconsidered its action in passing SB 56.
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 56. By Senator Johnson of 42nd:
A Bill to be entitled an Act to amend Code Section 13-305 relating to the salary of the Superintendent of Banks, and for other purposes.
The following floor substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 13-305, relating to the salary of the Superintendent of Banks and the fees collected by such Superintendent, so as to strike therefrom the provision relating to the salary of the Superintendent of Banks; to amend an Act fixing and equalizing the salaries of certain State officials, approved March 27, 1947 (Ga. Laws 1947, p. 673), so as to delete therefrom the provision relating to the salary of the Superintendent of Banks and the Assistant Superintendent of Banks; to amend Code Section 13-312, relating to the salary of the Assistant Superintendent of Banks and other personnel of the Department of Banking, as amended, so as to provide that, with the exception of the appointment of the Superintendent of Banks, all officials, personnel and employees of the State Department of Banks shall be governed by such rules of position classification, appointment,
FRIDAY, MARCH 12, 1965
2385
promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be effectuated and established pursuant to a State Merit System authorized by law; to provide that the provisions of this Act shall in no respect be considered as a repeal of an Act extending the provisions of an Act establishing a State merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as amended, to include the officials and employees of the State Department of Banking but shall be construed as supplemental and cumulative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA :
Section 1. Code 13-305, relating to the salary of the Superintendent of Banks and the fees collected by such Superintendent, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 13-305 to read as follows:
"13-305. Disposition of Fees.--Fees prescribed herein shall be collected by the Superintendent of Banks and deposited in the State Treasury."
Section 2. An Act fixing and equalizing the salaries of certain State officials, approved March 27, 1947 (Ga. Laws 1947, p. 673), is hereby amended by striking from Section la the following:
"The salary of State Superintendent of Banks shall be $7,500.00 per annum and the salary of Assistant Superintendent of Banks shall be $5,000 per year."
Section 3. Code Section 13-312, relating to the salary of the Assist ant Superintendent of Banks and other personnel of the Department of Banking, as amended, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 13-312 to read as follows:
"13-312. State Department of Banking; all officials, personnel and employees of Department of Banking placed under Merit System.--All officials, personnel and employees of the State De partment of Banking shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be effectuated and established pursuant to a State Merit System authorized by law. Provided, however, that the Superintendent of Banks shall be appointed by the Governor as provided by Section 13-302 of the Code of Georgia of 1933."
Section 4. The provisions of this Act shall in no respect be con sidered as a repeal of an Act extending the provisions of an Act estab lishing a State merit system of personnel administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as amended, to include the
2386
JOURNAL OF THE HOUSE,
officials and employees of the State Department of Banking but shall be construed as supplemental and cumulative thereto.
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, 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 Arnsdorff Balkcom Barber Beck Black Blair Bolton Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Caldwell Carr Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeVane Dickinson Dollar Dorminy Etheridge Evans
Farrar Flynt Fulford Grahl Griffin Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Herndon Holder Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kelly Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lovett Lowrey Luke Maddox Marshall Matthews, C. Mauldin McRae
Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Pickard Potts Richardson Roberts Ross Rowland Russell Savage Sewell Shea Simkins Simpson Singer
Smith, E. B., Jr. Snow Spikes Spillers Stalnaker Steis Story Strickland
FRIDAY, MARCH 12, 1965
Tabb Thomas Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N.
2387
Walker Ware Watkins Watson Wells Wiggins Williams, G. J. Wright
Voting in the negative was Mr. Lane.
Those not voting were Messrs.:
Acre* Bagby Ballard Bedgood Blalock Bowen, R. L. Branch Brantley Brooks, Wilson Chandler Clark, J. T. Coker, G., Dr. Davis DeLoach Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Ployd Gary Griffis Hale Hall
Harrington Houston Hull Jessup Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Matthews, D. R. Mauney McClelland McCracken McDaniell McKemie Moses Newton, D. L.
Overby Phillips, L. L. Pope Poss
Rainey Reaves Reid Rhodes Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Sweat Tucker, J. B. White Williams, W. M. Wilson Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
2388
JOURNAL OF THE HOUSE,
HR 268. By Mr. McKemie of Clay:
A Resolution requesting that the Walker F. George Reservoir be named Lake Chattahoochee, and for other purposes.
The following Senate amendment was read:
Senator Webb of llth moves to amend HR 268 by inserting between the last paragraph and the next to last paragraph the following:
"BE IT FURTHER RESOLVED that the State Highway De partment of Georgia is hereby requested to place signs in sufficient number along the highway adjacent to this reservoir to properly and adequately designate the reservior as 'Lake Chattahoochee'."
Mr. Howell of Early moved that the House agree to the Senate amendment.
On the motion to agree, the ayes wer 129, nays 1.
The Senate amendment to HR 268 was agreed to.
HR 240-665 By Mr. Smith of Grady:
A Resolution creating the Local Government and Revenue Study Com mittee, and for other purposes.
The following Senate amendment was read:
The Committee on Rules moves to amend HR 240 as follows:
By striking from the last paragraph thereof that sentence which reads as follows:
"The members shall receive the compensation, per diem, ex penses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 30 committee days.",
and substituting in lieu thereof the following sentence:
"Only the legislative members shall receive the compensation, per diem, expenses and allowances authorized for legislative mem bers of interim legislative committees, but shall receive the same for not more than 30 committee days."
FRIDAY, MARCH 12, 1965
2389
Mr. Hale of Bade moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 132, nays 0.
The Senate amendment to HR 240-665 was agreed to.
The following Bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
SB 103. By Senators Wesberry of 37th, Johnson of 38th and others:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta relating to the public water supply, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON SENATE BILL 103:
The Conference Committee on SB 103 has met and submits the following:
The Committee recommends:
(1) That the House recede from its position.
(2) That the following amendment be adopted:
By striking from Section 2 the following "March 15, 1965" and substituting in lieu thereof "April 15, 1965".
Representative Bowen of DeKalb wishes to be recorded as dis agreeing witih the majority report of the Committee.
Respectfully submitted, For the Senate Johnson of the 42nd Johnson of the 38th Salome of the 36th
For the House Etheridge of Fulton Harris of DeKalb Bowen of DeKalb
2390
JOURNAL OF THE HOUSE,
Mr. Etheridge of Fulton 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 Ballard Barber Blair Blalock Bolton Branch Brinkley Brooks, Wilson Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Crowe Dean DeVane Duncan, V. W. Etheridge Farrar Floyd Gary Griffin Hale Harris, J. F. Harris, J. R. Harris, R. W.
Holder Howell Irvin Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, W. H. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lowrey Maddox Matthews, C. McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, J. H. Moses NeSmith, J. D. Newton, A. S. Otwell Pafford Peterson Phillips, L. L. Pope
Poss Reid Richardson Rodgers, H. B. Rush Savage Sewell Shea Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spillers Steis Story Tabb Thomason Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells White Wiggins Woodward
Those voting in the negative were Messrs.
Alien Arnsdorff Bagby Balkcom Beck Black Bowen, J. 0. Brooks, Geo. B. Brown, Gene
Brown, M. P. Caldwell Dailey DeLoach Dunwody Fulford Grahl Herndon Hutchinson
Jones, C. M. Jones, G. Paul Laite Lane Leonard Lewis, P. B. Looper Lovett Matthews, D. R.
McCracken Murphy Odom Oglesby Overby Paris Pickard Potts
FRIDAY, MARCH 12, 1965
Rhodes Roberts Rogers, Jimmie Ross Rowland Russell Simkins Smith, A. B.
2391
Smith, Chas. C. Sweat Thomas Tidwell Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Acree Bedgood Bowen, R. L. Brackin Brantley Busbee Collins, M. Colwell Conger Conner Davis Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Evans Flynt Griffis
Hall Harrell Harrington Henderson Houston Hudgins Hull Jessup Johnson, B. Jordan, Ben C. Kelly Knight, D. W. Knight, W. D. Luke Marshall Mauldin Mauney McClelland Mitchell Moate
Moore, Don C. Nessmith, P. Newton, D. L. Page Parker Perry Phillips, G. S. Rainey Reaves Roper Shuman Simmons Singer Smith, G. L. II Spikes Stalnaker Strickland Ware Wilson Mr. Speaker
On the motion to adopt, the ayes were 94, nays 50.
The motion was lost and the House disagreed to the Conference Committee Report.
The Speaker appointed as a Second Conference Committee on SB 103 on the part of the House, the following members: Messrs. Brooks and Etheridge of Fulton and Harris of DeKalb.
Mr. Rush of Tattnall arose to a Point of Personal Privilege and addressed the House.
The Speaker announced the House recessed until 2:15 o'clock.
2392
JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate disagrees to House substitute to the following Bill of the Senate:
SB 63. By Senator Jackson of the 16th: A Bill to provide that no member of train, yard or engine crew of a railroad shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
The Senate has discharged it's Committee of Conference on the following Bill of the Senate:
SB 103. By Senators Wesberry of the 37th, Johnson of the 38th and others: A Bill to amend an Act establishing a new charter for the City of At lanta, approved Feb. 28, 1874, and the several Acts amendatory thereof; and for other purposes.
The President has appointed as a second Committee of Conference on the part of the Senate Senators Wesberry of the 37th, Coggin of the 35th and Sanders of the 41st.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to-wit:
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding and others: A Bill to provide for the election of members of the House of Repre sentatives in 1965 who shall take office and serve for a period of time as provided in Code Section 47-101 relating to the membership of the House of Representatives, as amended; and for other purposes.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
FRIDAY, MARCH 12, 1965
2393
HB 107. By Mr. Steis of Harris:
A Bill to be entitled an Act creating the State Properties Acquisition Commission, and for other purposes.
The following Senate amendment was read:
Senator Smalley of 28th moves to amend HB 107 by striking the period at the end of Section 36-104.1 (c) of Section, by adding a comma thereat, and by adding the following: "but every other department and agency of the State shall acquire real property pursuant to this Act and through the Commission hereby created only.".
Mr. Steis of Harris 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.:
Alien Anderson Arnsdorff Balkcom Barber Bedgood Black Blair Bolton Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Collins, M. Conner Crowe Dailey Davis Dean DeVane Dickinson Duncan, V. W. Etheridge Evans Parrar
Floyd Fulford Gary Grahl Griffin Griffis Harrington Harris, J. F. Harris, J. R. Henderson Holder Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Lowrey Luke Maddox Marshall Matthews, C. Mauldin McClelland McCracken
McDaniell McKemie McRae Melton Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Page Paris Parker Pope Poss Roberts Roper Ross Rowland Russell Savage Shuman Simkins Simpson Smith, E. B., Jr.
2394
Smith, J. R. Spillers Steis Story Strickland Tabb Thomas
JOURNAL OF THE HOUSE,
Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware
Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Abney Acree Bagby Ballard Beck Blalock Bowen, J. O. Bowen, R. L. Branch Brantley Brown, Gene Bynum Clarke, H. G. Coker, R. Collins, J. F. Colwell Conger DeLoach Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Flynt Hale Hall Harrell
Harris, R. W. Herndon Houston Howell Hudgins Hull Jessup Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Leonard Looper Lovett Matthews, D. R. Mauney Mixon Moate Newton, D. L. Overby Pafford Perry Peterson Phillips, G. S. Phillips, L. L.
Pickard Potts Rainey Reaves Reid Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rush Sewell Shea Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Spikes Stalnaker Sweat Vaughn, C. R. Walker White Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HB 107 was agreed to.
HB 64. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend Code Section 56-804b relating to the qualifications of applicants for insurance licenses, and for other purposes.
FRIDAY, MARCH 12, 1965 The following Senate amendments were read:
2395
The Senate Committee on Banking and Finance moves to amend
HB 64 by substituting the following new title:
"A BILL
To be entitled an Act to Amend Code Section 56-804b, Code Section 56-804b, relating to the qualifications of applicants for insurance licenses so as to authorize the Commissioner to issue licenses to applicants in cities or towns located partly within and partly without the State if the residence or place of business of such applicant is located in any part of the city or town and if the other state in which the city or town is located has established like requirements as to residence and place of business."
And to Amend HB 64 by substituting the following new Section 1 of said Bill:
"Code Section 56-804b, relating to the qualifications of ap plicants for licenses to transact property, casualty, surety and allied lines of insurance is hereby amended by striking Subparagraph (a) of Subsection (1) of said Code Section and substituting therefor the following new Subparagraph (a) of Subsection (1) of Code Section 56-804b:
"(a) Must be a citizen of the United States and a resident of this State who will reside and be present within this State for at least six (6) months of every year: Provided, however, in cities, towns or trade areas (either unincorporated or comprised of two or more incorporated cities or towns) located partly within and partly without the State, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town or trade area and if the other state in which the city, town or trade area is located in part has established like requirements as to such residence and place of business."
Senator Smith of 18th moves to amend HB 64, as amended, as follows:
By striking from the title the words "or towns located partly" and inserting in lieu thereof the words "towns or trade areas located partly", and by striking the words "or town is located" and inserting in lieu thereof the words "town or trade area is located".
Mr. Conner of Jeff Davis moved that the House agree to the Senate amend ments.
2396
JOURNAL OF THE HOUSE,
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 Arnsdorff Balkcom Barber Bedgood Black Blair Brinkely Brooks, Geo. B. Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeVane Dickinson Dixon Doster Duncan, V. W. Dunwody Farrar Floyd Fulford Gary Grahl Griffin Hale Harris, J. F. Harris, J. R. Henderson
Holder Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jordan, Ben C. Lambert Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McKemie McRae Melton Merritt Minge Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Odom Oglesby Otwell Overby Page
Parker Perry Peterson Phillips, L. L. Pope Poss Ross Rowland Rush Russell Savage Shuman Simkins Simpson Singer Smith, E. B. Smith, J. R. Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Acree Bagby Ballard Beck Blalock Bolton
Bowen, J. 0. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Bynum Chandler Clarke, H. G. Conger Davis
DeLoach Dollar Dorminy Duncan, A. C. Etheridge Evans Flynt Griffis Hall Harrell Harrington Harris, R. W. Herndon Howell Hull Jessup Johnson, B. Jones, F. C. Jones, M. Jordan, W. H. Kelly Knight, D. W.
FRIDAY, MARCH 12, 1965
Knight, W. D. Laite Lane Lee, G. B. Leonard Lewis, E. B. Lovett Maddox Mauney Milhollin Mitchell Mixon Nessmith, P. Newton, A. S. Newton, D. L. Pafford Paris Phillips, G. S. Pickard Potts Rainey Reaves
2397
Reid Rhodes Richardson Roberts Rodgers, H. B. Rogers, Jimmie Roper Sewell Shea Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Thomas Vaughn, C. R. Walker Watkins White Woodward Mr. Speaker
On the motion to agree, the ayes were 117, nays 0.
The Senate amendments to HB 64 were agreed to.
HB 256. By Messrs. Harris and Farrar of DeKalb and others:
A Bill to be entitled an Act to amend Code Chapter 84-14 relating to the regulation of real estate brokers, and for other purposes.
The following Senate amendments were read:
The Senate Committee on Judiciary moves to amend HB 256 as follows:
By striking from Section 84-1409, which Section is quoted in Section 5 of said Bill, the following:
"or its equivalent"
and substituting in lieu thereof:
"or holds a G. E. D. certificate",
and by striking in its entirety the last sentence thereof.
2398
JOURNAL OF THE HOUSE,
Senator Carter of 14th moves to amend the committee amendment to HB 256 by striking therefrom: " 'or its equivalent' and substituting in lieu thereof: 'or holds a G. E. D. certificate'," and by substituting in lieu thereof: "are graduates of accredited high schools or its equi valent,".
Senator Bateman of 27th moves to amend HB 256 by amending Section 5, 84-1409 by deleting "twenty-four months (24)" and inserting "twelve months (12)"; further by deleting Section 12 in its entirety and adding in lieu thereof a new Section 12 to read as follows: "The provision of the new Code Section 84-1409 contained in Section 5 of this Act providing that before any individual may be granted a broker's license, such individual must have had a salesman's license in the State for at least twelve months (12) shall become effective on September 1, 1965. The remaining provisions of this Act shall become effective on May 1, 1965."
Mr. Harris of DeKalb 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.:
Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Brackin Brinkley Brooks, Geo. B. Brown, Gene Busbee Byrd Caldwell Carr Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe
Dailey Dean DeVane Dickinson Dixon Dorminy Duncan, V. W. Dunwody Etheridge Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harrington Harris, J. F. Harris, J. E. Harris, R. W. Henderson Houston Hudgins Hutchinson Irvin Johnson, Dr. A. S.
Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Lowrey Luke Marshall Matthews, C. Matthews, D. B. Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Moate
Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Page Parker Perry Phillips, L. L. Pope
FRIDAY, MARCH 12, 1965
Poss Rhodes Richardson Roberts Roper Ross Rush Savage Shuman Simkins Simpson Singer Smith, E. B., Jr. Spillers Story Strickland
2399
Sweat Thomas Thomason Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Acree Ballard Bolton Bowen, J. 0. Bowen, R. L. Branch Brantley Brooks, Wilson Brown, M. P. Bynum Chandler Clarke, H. G. Conger Davis DeLoach Dollar Doster Duncan, A. C. Evans Flynt Hale Hall Herndon Holder
Howell Hull Jessup Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Leonard Lewis, E. B. Lovett Maddox Mauldin Mitchell Mixon Newton, D. L. Pafford Paris Peterson Phillips, G. S. Pickard Potts Rainey
Reaves Reid Rodgers, H. B. Rogers, Jimmie Rowland Russell Sewell Shea Simmons Simth, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Tabb Underwood Vaughn, C. R. Ware White Woodward Mr. Speaker
On the motion to agree, the ayes were 129, nays 0.
The Senate amendments to HB 256 were agreed to.
The following Bil! of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
2400
JOURNAL OF THE HOUSE,
SB 150. By Senators Hall of 52nd and Smalley of 28th: A Bill to be entitled an Act to amend the Health Code, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON SENATE BILL 150
The Conference Committee on SB 150 has met and submits the following:
The Conference Committee recommends that the House recede from its position and recommends the adoption of SB 150, as passed by the Senate, with the following exception:
By striking from the end of Section 1 the following:
'and provided, further, that when the person being adopted is a natural child of the spouse of the person adopting the child, the actual place of birth shall be shown.' and inserting in lieu thereof the following:
'and provided, further, that when the person being adopted is the legitimate natural child of the spouse of the person adopting the child, the actual place of birth shall be shown.' ".
Respectfully submitted, For the Senate Smalley of 28th Gayner of 5th Hall of 52nd
For the House Lowrey of Floyd NeSmith of Meriwether Collins of Mitchell
Mr. Lowrey of Floyd 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 12, 1965
Those voting in the affirmative were Messrs.
Alien Anderson Bagby Balkcom Ballard Barbei-
Beck Bedgood Black Blair Blalock Brackin Brinkley Brooks, Geo. B. Brown, Gene Brown, M. P. Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Collins, J. P. Collins, M. Colwell Crowe DeVane Dickinson Dixon Dorminy Duncan, V. W. Etheridge Farrar Floyd Fulford Grahl Griffin Griffis Harrell
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Lambert Lee, F. S. Lee, G. B. Lewis, E. R. Looper Lowrey Luke Marshall Matthews, C. Matthews, D. R. Mauldin McClelland McCracken McDaniell McKemie McRae Melton Merritt Minge Moate Moore, Don C. Moses Murphy NeSmith, J. D. Newton, A. S. Odom Oglesby
2401
Otwell Overby Page Parker Peterson Phillips, G. S. Phillips, L. L. Pope Poss Reid Richardson Roberts Roper Ross Rush Savage Sewell Shea Shuman Simkins Singer Smith, E. B., Jr. Spillers Stalnaker Steis Story Strickland Sweat Tabb Thomason Tidwell Tucker, Ray M. Vaughan, D. N. Walker Watson Wiggins Willams, G. J. Williams, W. M Wright
Those not voting were Messrs.:
Abney Acree Arnsdorff Bolton Bowen, J. O. Bowen, R. L. Branch Brantley Brooks, Wilson Busbee
Bynum Clarke, H. G. Coker, R. Conger Conner Dailey Davis Dean DeLoach Dollar
Doster Duncan, A ('. Dunwody Evans Flynt Gary Hale Hall Herndon Houston
2402
JOURNAL OP THE HOUSE,
Howell Hull Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, W. J. (Bill) Leonard Lewis, P. B. Lovett Maddox Mauney
Milhollin Mitchell Mixon Moore, J. H. Nessmith, P. Newton, D. L. Pafford Paris Perry Pickard Potts Rainey Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Rowland Russell Simons
Simpson Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Thomas Tucker, J. B. Underwood Vaughn, C. R. Ware Watkins Wills White Wilson Woodward Mr. Speaker
On the motion to adopt, the ayes were 117, nays 0.
The Conference Committee Report on SB 150 was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding and others:
A Bill to be entitled an Act to provide for the election of members of the House of Representatives in 1965, and for other purposes.
The following Senate amendment was read:
Senator Wesberry of the 37th moves to amend HB 580 as follows:
By striking from the title thereof the following phrase:
"To provide that no special primary or special election shall be held for the nomination or election of persons to fill the seats presently held by certain members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives, and to provide that such members shall continue to serve until their successors are elected and take the oath of office for the Regular Session of the General Assembly to convene in 1967;"
FRIDAY, MARCH 12, 1965
2403
and by striking Section 14 of said Bill in its entirety and renumber ing the subsequent sections accordingly.
Mr. Busbee of Dougherty moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 103, nays 0.
The House disagreed to the Senate amendment to HB 580.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met on Friday, March 12, 1965, for the purpose of fixing the Calendar for the afternoon for said date and your Committee amends the Calendar fixed for Friday morning, March 12, 1965, by adding the following thereto, to wit:
SB 30. Commodity patent SB 90. Take Trade secrets SR 96. Courthouse, White County Interim Committee SB 195. Claims Advisory Board, Amend
The Speaker shall have the right to call up any of the Bills fixed on the Rules Calendar for Friday morning, March 12, 1965, and any of the above Bills in any order which he may desire.
Respectfully submitted,
Bolton of Spalding,
Vice-Chairman
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 139. By Senator Kendrick of 32nd:
A Bill to be entitled an Act to amend Code Section 40-1812 so as to provide that local boards of education shall be authorized to have an audit made of accounts of the public school system over which any such
2404
JOURNAL OP THE HOUSE,
board has jurisdiction, and for other purposes.
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.
Acree Alien Anderson Arnsdorff Balkcom Ballard Barber Bedgood Black Blair Blalock Bolton Bowen, J. O. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Busbee Bynum Byrd Cladwell Carr Coker, G., Dr. Collins, 3. F. Collins, M. Colwell Crowe Dailey Dean DeVane Dickinson Dollar Doster Duncan, V. W. Dunwody Etheridge Evans Farrar Floyd
Fulford Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Henderson Holder Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, F. C. Jones, M. Jordan, Ben C. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell McRae Melton Merritt Mitchell Moate Moore, Don C. Murphy
NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Reid Rhodes Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea Simpson Singer Smith, E. B., Jr. Spillers Stalnaker Steis Story Strickland Tabb Thomason Tidwell
Tucker, Ray M. Underwood Vaughan, D. N.
FRIDAY, MARCH 12, 1965
Walker Watkins Watson
2405
Wells Wiggins Williams, G. J.
Those not voting were Messrs.:
Abney Bagby Beck Bowen, R. L. Branch Brantley Brown, M. P. Chandler Clark, J. T. Clarke, H. G. Coker, R. Conger Conner Davis DeLoach Dixon Dorminy Duncan, A. C. Flynt Griffis Hale Hall Harris, R. W. Herndon Houston
Howell Hull Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Leonard Lovett Lowrey Luke McCracken McKemie Milhollin Minge Mixon Moore, J. H. Moses Newton, D. L. Poss Potts
Rainey Reaves Rodgers, H. B. Rogers, Jimmie Shuman Simkins Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Sweat Thomas Tucker, J. B. Vaughn, C. R. Ware White Williams, W. M. Wilson Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 90. By Senator Kidd of 25th:
A Bill to be entitled an Act to provide that it shall be unlawful to wrongfully use trade secrets, and for other purposes.
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:
2406
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.
Pafford Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Reave Reid Richardson Roberts Roper Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simp son Singer Smith, E. B., Jr. Spillers Stalnaker Steis Story Strickland Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wright
Harris, J. P. Henderson Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, P. C. Jones, G. Paul Jordan, Ben C. Jordan, W. H. Kelly Lane Lee, P. S. Lee, G. B. Leonard Lewis, E. B. Lewis, P. B. Looper Maddox Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McRae Merritt Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Overby
Acree Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Byrd Carr Chandler Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Colwell Crowe Dailey Davis DeVane Dickinson Doster Duncan, V. W. Evans Farrar Ployd Pulford Grahl Griffin Griffis Harrell Hatringtor.
Those voting in the negative were Messrs.
Harris, J. R.
Jones, M.
Those not voting were Messrs.:
Abney
Alien
Ballard
Brackin Branch Brantley Brinkley Caldwell Clark, J. T. Clarke, H. G. Conger Conner Dean DeLoach Dixon Dollar Dorminy Duncan, A. C. Dunwody Etheridge Flynt Gary Hale Hall Harris, R. W. Herndon
FRIDAY, MARCH 12, 1965
Houston Hull Johnson, B. Knight, D. W. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lovett Lowrey Luke Matthews, D. R. McCracken McKemie Melton Milhollin Minge Mitchell Newton, D. L. Page Phillips, G. S. Poss Potts
2407
Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Sweat Thomas Tucker, J. B. Ware Wells White Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreement to the House substitute thereto:
SB 63. By Senator Jackson of 16th:
A Bill to be entitled an Act to provide that no member of train, yard or engine crew of a railroad shall be held personally liable under certain conditions for blocking a street, and for other purposes.
Mr. Busbee of Dougherty moved that the House insist on its position in substituting SB 63.
The motion prevailed and the House insisted on its position in substituting SB 63.
Under the General Order of Business established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time: :
2408
JOURNAL OP THE HOUSE,
SR 30. By Senator Kidd of 25th:
A Resolution petitioning Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a patent from any source other than the patent owner, 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.:
Acree Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clark, J. T. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Conger Crowe
Dailey Davis Dean DeVane Dickinson Dixon Duncan, V. W. Etheridge Evans Farrar Floyd Fulford Grahl Griffin Griffis Harrington Harris, J. F. Holder Hudgins Hutchinson Irvin Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Lane Lee, F. S. Lee, G. B. Leonard Lewis, P. B. Looper
Marshall Matthews, C. Mauldin Mauney McClelland McDaniell McKemie McRae Merritt Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Odom Oglesby Otwell Pafford Page Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Reid Richardson Roberts
Roper Ross Rowland Rush Russell Sewell Shea Shuman Simkins Simpson
FRIDAY, MARCH 12, 1965
Singer Smith, E. B., Jr. Spillers Stalnaker Steis Story Strickland Tabb Thomason Tidwell
2409
Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watson Wells Williams, W. M.
Voting in the negative was Mr. Paris.
Those not voting were Messrs.:
Abney Ballard Bowen, J. O. Branch Brantley Bynum Clarke, H. G. Coker, R. Conner DeLoach Dollar Dorminy Doster Duncan, A. C. Dunwody Flynt Gary Hale Hall Harrell Harris, 3. R. Harris, R. W. Henderson Herndon Houston Howell Hull
Jessup Johnson, B. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lambert Lee, W. J. (Bill) Lewis, E. B. Lovett Lowrey Luke Maddox Matthews, D. R. McCracken Melton Milhollin Minge Mitchell Moore, J. H. Newton, D. L. Overby Poss Potts Rainey
Reaves Rhodes Rodgers, H. B. Rogers, Jimmie Savage Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Sweat Thomas Tucker, J. B.
Ware Watkins White Wiggins Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
2410
JOURNAL OF THE HOUSE,
SR 96. By Senator Ballew of 50th:
A Resolution to create an interim committee to study the feasibility of establishing the old courthouse in White County as a historical monu ment, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Judiciary moves to amend SR 96 by adding a new paragraph at the end of said Resolution to read as follows:
"The members of the Committee shall serve at their own expense and no costs shall be chargeable to the State, but the Committee shall be authorized to accept donations."
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 Arnsdorff Bagby Barber Beck Bedgood Black Blair Bolton Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Bynum Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr.
Collins, J. F. Collins, M. Colwell Conger Crowe Davis DeLoach
DeVane Dickinson Duncan, V. W. Etheridge Evans Floyd Fulford Grahl Griffin Harrell Harrington Harris, J. F. Hudgins Irvin Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C.
Kelly Knight, W. D. Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Maddox Matthews, C. Mauldin Mauney McDaniell McKemie McRae Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D.
Nessmith, P. Newton, A. S. Oglesby Otwell Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Reid
FRIDAY, MARCH 12, 1965
Richardson Ross Rowland Rush Russell Sewell Shea Shuman Simkins Simpson Singer Smith, E. B., Jr. Smith, J. R. Snow Spillers
2411
Stalnaker Steis Strickland Tabb Thomason Tidwell Tucker, Ray M. Vaughn, C. R. Vaughan, D. N. Walker Ware Watkins Watson Wiggins Wright
Those voting in the negative were Messrs.:
Hutchinson Luke
Odom
Williams, G. J.
Those not voting were Messrs.:
Balkcom Ballard Blalock Branch Brantley Brown, M. P. Busbee Caldwell Coker, R. Conner Dailey Dean Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Farrar Flynt Gary Griffis Hale Hall Harris, J. R. Harris, R. W.
Henderson Herndon Holder Houston Howell Hull Jessup Johnson, B. Jones, C. M. Jordan, W. H. Knight, D. W. Laite Lambert Lovett Lowrey Marshall Matthews, D. R. McClelland McCracken Melton Merritt Milhollin Minge Newton, D. L. Overby Poss
Potts Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Savage Simmons Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Spikes Story Sweat Thomas Tucker, J. B. Underwood Wells White Williams, W. M. Wilson Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 122, nays 4.
2412
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
SR 71. By Senator Webb of llth:
A Resolution to amend a Resolution so as to authorize the Resources Advisory Board, Southeast River Basins, to enter into agreements providing old-age insurance to employees of said Board, 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 Black Blair Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Geo. B. Brown, M. P. Bynum Byrd Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Davis DeLoach DeVane Dickinson Doster
Duncan, V. W. Floyd Fulford Gary Grahl Griffin Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Irvin Jessup Johnson, Dr. A. S. Jones, C. M. Jones, M. Knight, W. D. Lee, F. S. Lee, G. B. Lewis, P. B. Lowrey Luke Marshall Matthews, D. R. Mauney McCracken McKemie McRae Melton
Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Nessmith, P. Newton, A. S. Otwell Pafford Paris Parker Perry Peterson Phillips, L. L. Pickard Pope Reid Richardson Roberts Ross Rush Russell Sewell Shea Shuman
Snow Spillers Stalnaker Story Strickland
FRIDAY, MARCH 12, 1965
Tabb Thomason Tidwell Tucker, Ray M. Underwood
2413
Vaughan, D. N. Walker Watson Wiggins
Those voting in the negative were Messrs.:
Conger Dollar Hudgins
Hutchinson Jordan, Ben C. Matthews, C.
Odom Simkins Williams, G. J.
Those not voting were Messrs.:
Acree Balkcom Ballard Beck Blalock Bolton Brackin Branch Brantley Brooks, Wilson Brown, Gene Busbee Caldwell Chandler Conner Dean Dixon Dorminy Duncan, A. C. Dunwody Etheridge Evans Farrar Flynt Griffis Hall Herndon Holder Houston Howell
Hull Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lewis, E. B. Looper Lovett Maddox Mauldin McClelland McDaniell Newton, D. L. Oglesby Overby Page Phillips, G. S. Poss Potts Rainey Reaves Rhodes Rodgers, H. B.
Rogers, Jimmie Roper Rowland Savage Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes Steis Sweat Thomas Tucker, J. B. Vaughn, C. R. Ware Watkins Wells White Williams, W. M. Wilson Woodward Wright Mr. Speaker
On the adoption of the Resolution, the ayes were 107, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted.
2414
JOURNAL OP THE HOUSE,
SB 195. By Senators Gillis of 20th, Webb of llth and Coggin of 35th:
A Bill to be entitled an Act to amend an Act so as to provide that it shall be unlawful for certain State employees to receive compensation in connection with the settlement of claims paid by the Claims Advisory Board, and for other purposes.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Acree Alien Anderson Arnsdorff Bagby Balkcom Barber Beck Bedgood Black Blair Blalock Bolton Brackin Brooks, Geo. B. Brown, Gene Brown, M. P. Busbee Bynum Byrd Clark, J. T. Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey DeLoach DeVane Dickinson Dollar Floyd Fulford Grahl
Griffin Griffis Harrell Harris, J. F. Henderson Houston Hudgins Irvin Jones, C. M. Jones, M. Kelly Knight, W. D. Lambert Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McCracken McKemie McRae Melton Merritt Milhollin Minge Mixon Moate
Moore, Don C. Moore, J. H. Murphy NeSmith, J. D. Newton, A. S. Newton, D. L.
Oglesby Otwell Pafford Page Parker Perry Peterson Phillips, G. S. Pickard
Poss Potts Reid Richardson Roberts Roper Ross Russell Savage Sewell Shea Shuman Stalnaker Steis Story Strickland Thomas Tidwell Tucker, J. B. Tucker, Ray M. Vaughan, D. N.
Walker Watson
FRIDAY, MARCH 12, 1965
Wiggins Williams, G. J.
2416
Williams, W. M. Wilson
Those voting in the negative were Messrs.:
Doster Hutchinson
Jordan, Ben C. Odom
Simkins
Those not voting were Messrs.:
Abney Ballard Bowen, J. 0. Bowen, R. L. Branch Brantley Brinkley Brooks, Wilson Caldwell Carr Chandler Coker, G., Dr. Conner Davis Dean Dixon
Dorminy Duncan, A. C. Duncan, V. W. Dunwody Etheridge Evans Parrar Flynt Gary Hale Hall Harrington Harris, J. R.
Harris, R. W. Herndon Holder Howell Hull Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Laite Lane Lee, W. J. (Bill) Lewis, P. B. Lovett McDaniell Mitchell Moses Nessmith, P. Overby Paris Phillips, L. L. Pope Rainey Reaves Rhodes Rodgers, H. B.
Rogers, Jimmie Rowland Rush Simmons Simpson Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Spikes Spillers Sweat Tabb Thomas Underwood Vaughn, C. R. Ware Watkins Wells White Woodward Wright Mr. Speaker
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bolton of Spalding asked unanimous consent that the following Bill of the Senate be added to the Rules Calendar.
2416
JOURNAL OP THE HOUSE,
SB 141. By Senator Thompson of 34th:
A Bill to be entitled an Act to amend the Revenue Tax Act to Legalize and Control Alcoholic Beverages, and for other purposes.
Objection was heard. Mr. Bolton of Spalding moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney Alien Anderson Arnsdorff Blalock Brooks, Geo. B. Brooks, Wilson Byrd Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Crowe Dickinson Duncan, V. W. Evans Gary Harrell Harris, J. F. Harris, J. B. Henderson Irvin
Johnson, Dr. A. S. Jones, F. C. Jones, G. Paul Jordan, Ben C. Lane
Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Maddox Matthews, D. R. Mauney McClelland McCracken McDaniell McKemie Milhollin Mitchell Mixon Moore, Don C. Moses Murphy Nessmith, P.
Newton, D. L. Otwell Pafford Paris Phillips, G. S. Pope Reid Savage Shuman Simkins Smith, G. L. II Snow Steis Strickland Thomason Tucker, Ray M. Vaughan, D. N. Watkins Watson Wiggins Williams, W. M.
Those voting in the negative were Messrs.
Acree Balkcom Beck Bedgood Black Bowen, J. O. Bowen, R. L. Brackin Brown, Gene Bynum
Chandler Clark, J. T. Colwell Conger Dailey Davis Dollar Doster Floyd Fulford
Grahl Harris, R. W. Houston Hudgins Hutchinson Jones, C. M. Jones, M. Knight, W. D. Leonard Looper
Luke Marshall Matthews, C. McRae Odom Oglesby Perry Pickard
FRIDAY, MARCH 12, 1965
Rhodes Richardson Ross Rowland Russell Sewell Shea Singer
2417
Tabb Tidwell Tucker, J. B. Underwood Williams, G. J. Wright
Those not voting were Messrs.:
Bagby Ballard Barber Blair Bolton Branch Brantley Brinkley Brown, M. P. Busbee Caldwell Carr Clarke, H. G. Conner Dean DeLoach DeVane Dixon Dorminy Duncan, A. C. Dunwody Etheridge Farrar Flynt Griffin Griffis Hale Hall Harrington Herndon
Holder Howell Hull Jessup Johnson, B. Jordan, W. H. Kelly Knight, D. W. Laite Lambert Lee, F. S. Lewis, E. B. Lovett Lowrey Mauldin Melton Merritt Minge Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Newton, A. S. Overby Page Parker Peterson Phillips, L. L. Poss Potts
Rainey Reaves Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Spikes Spiller Stalnaker Story Sweat Thomas Vaughn, C. R. Walker Ware Wells White Wilson Woodward Mr. Speaker
On the motion, the ayes were 65, nays 52.
The motion to add SB 141 to the Rules Calendar was lost.
The following message was received through Mr. Stewart, the Secretary thereof:
2418
JOURNAL OF THE HOUSE
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others:
A Bill to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 218. By Senator Webb of the llth:
A Bill to amend an Act establishing an Employees' Retirement System of Georgia, approved Feb. 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 3, 1965 (Act No. 48, Ga. Laws 1965), so as to remove the provisions providing creditable service for certain members; and for other purposes.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 96. By Senator Kidd of the 25th: A Bill to amend Code Section 53-102, defining what persons shall be able to contract marriage, as amended, so as to remove the disability, "impotency", that will render a person unable to contract marriage; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 56. By Senator Johnson of the 42nd: A Bill amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain salaries approved March 27, 1947 (Ga. Laws 1947, p. 673),; and for other purposes.
The Senate has adopted the Conference Committee report to the following Resolution of the House:
FRIDAY, MARCH 12, 1965
2419
HR 238. By Messrs. Newton of Colquitt, Irvin of Habersham and others:
A Resolution creating an interim committee to study all matters con cerning the relationship between the costs incurred by the State govern ment and the costs incurred by local governments in operating the public schools of Georgia; and for other purposes.
Mr. Rowland of Johnson arose to a Point of Personal Privilege and addressed the House.
Mr. Matthews of Colquitt arose to a Point of Personal Privilege and ad dressed the House.
The following Bills of the House were taken up for the purpose of consider ing the Senate substitute or amendments thereto:
HB 224. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act to amend the Code Section 24-714 relating to duties of the clerks of the superior courts, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, as amended, particularly by an Act approved February 16, 1960 (Ga. Laws 1960, p. 120), so as to provide that materials incidental to the clerk's duties may be stored at some other location than the courthouse; to provide the procedure therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2714, relating to the duties of the clerks of the superior court, as amended, particularly by an Act approved February 16, 1960 (Ga. Laws 1960, p. 120), is hereby amended by striking Subsection 1 in its entirety and substituting in lieu thereof a new Subsection 1 to read as follows:
"1. To keep their offices and all things belonging thereto at the county site and at the courthouse. In order to insure the safe storage of records where space at the courthouse is not available, the clerk may cause said records to be stored at some place in the county, provided said place is not more than five (5) miles from the courthouse and provided the clerk has the written permission
2420
JOURNAL OF THE HOUSE,
of the official governing body of the County and the superior court judge of the County and provided further that public notice be given of the place of storage."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Overby of Hall moved that the House agree to the Senate substiute.
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 Arnsdorff Balkcom Ballard Barber Beck Bedgood Blair Blalock Bolton Bowen, J. 0. Brackin Brinkley Byrd Caldwell Carr Chandler Coker, R. Collins, J. F. Collins, M. Colwell Conger Crowe Dailey Davis Dickinson Dollar Dorminy Duncan, V. W. Dunwody Evans Farrar Floyd Grahl Griffin Harrell
Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Houston
Howell Hudgins Irvin Johnson, Dr. A. S. Jones, M. Jordan, Ben C. Lambert Lane
Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Luke
Maddox Matthews, C. Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie Melton Merritt Mixon Moate Moore, Don C. Moses Murphy NeSmith, J. D.
Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Pafford Page Paris Parker Perry Peterson Phillips, G. S. Phillips, L. L. Poss Potts Rainey Reid Richardson Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins Simpson Smith, A. B. Smith, E. B., Jr. Spikes Spillers Stalnaker Steis Story Strickland Thomason
Tidwell Tucker, Ray M. Underwood Vaughan, D. N.
FRIDAY, MARCH 12, 1965
Ware Watson Wells Wiggins
2421
Williams, G. J. Williams, W. M. Wilson Wright
Those not voting were Messrs.:
Abney Bagby Black Bowen, R. L. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Clark, J. T. Clarke, H. G. Coker, G., Dr. Conner Dean DeLoach DeVane Dixon Doster Duncan, A. C. Etheridge Flynt Fulford Gary
Griffis Hale Hall Herndon Holder Hull Hutchinson Jessup Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lovett Lowrey Marshall McClelland McRae Milhollin Minge Mitchell Moore, J. H.
Nessmith, P. Pickard Pope Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Smith, V. T. Snow Sweat Tabb Thomas Tucker, J. B. Vaughn, C. R. Walker Watkins White Woodward Mr. Speaker
On the motion to agree, the ayes were 126, nays 0.
The Senate substitute to HB 224 was agreed to.
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others:
A Bill to be entitled an Act to change the salaries of the judges of the superior courts, and for other purposes.
The following Senate amendments were read: Senator Yancey of the 33rd moves to amend HB 568 as follows:
2422
JOURNAL OF THE HOUSE,
(a) by striking from the title the word "severability" and inserting in lieu thereof the word "Non-severability", and
(b) By striking renumbered Section five and inserting in lieu thereof the following:
"In the event any section, subsection or phrase of this Act shall be declared or adjudged invalid or unconstitutional, then every section, subsection, clause or phrase shall be null and void."
Senator Holley of the 22nd moves to amend HB 568 as follows:
By inserting in the title immediately before the phrase "to provide for severabiilty" the following:
"to include provisions relative to retirement, pensions, com pensation and the practice of law of Justices of the Supreme Court and Judges of the Court of Appeals and other matters relative thereto; to provide for the continuance of cases under certain cir cumstances;".
By adding two new Sections to be known as Sections 3 and 4 to read as follows:
"Section 3. (a) Every Justice of the Supreme Court and every Judge of the Court of Appeals shall retire upon reaching the age of seventy. Provided, however, any Justice or Judge during the term of office he is serving on April 1, 1965, shall not be required to retire at age seventy prior to the expiration of the term to which he has been elected at which time he shall retire, but he may elect to do so and shall receive the pension or compensation herein pro vided; provided further, however, any Justice or Judge serving on April 1, 1965, who is seventy years of age or more, and who within six months after April 1, 1965, elects to retire, may do so, in which case he shall receive as a pension the full compensation which he was then receiving for the balance of the term to which he was elected and thereafter he shall receive a pension of two-thirds of that compensation.
"(b) Every Justice of the Supreme Court and every Judge of the Court of Appeals serving on April 1, 1965, may retire upon reaching the age of sixty-five and any Justice or Judge so retiring under this provision who has served at least ten years as a Justice of Judge of the Supreme Court or the Court of Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the com pensation received by him at the time of his retirement.
"(c) No such Justice of the Supreme Court or such Judge of
FRIDAY, MARCH 12, 1965
2423
the Court of Appeals receiving retirment or pension benefits hereunder shall be eligible to appointment to any emeritus position.
"(d) Any Justice of the Supreme Court or Judge of the Court of Appeals receiving any such compensation or pension shall not engage in the practice of law.
"(e) Any Justice of the Supreme Court and any Judge of the Court of Appeals who was serving as such on April 1, 1964, and who notified the Executive Secretary of the State Employees' Re tirement System that he desired to become a member of the Retire ment System shall not be eligible to be appointd to any emeritus position. Provided, however, any such Justice or Judge shall have until May 1, 1965 to rescind such notification and withdraw any payments which he has made into said System, and once again become eligible to be appointed to an emeritus position, but any such Justice or Judge rescinding such notification shall not there after be eligible to become a member of said Retirement System. It is the intention of this paragraph that no Justice of the Supreme Court and no Judge of the Court of Appelas shall be eligible to be appointed to any emeritus position if he is also a member of the Retirement System, and that no such Justice or Judge shall ba eligible to receive any benefits under the Retirement System if he chooses to retain his eligibility to be appointed to an emeritus
position.
"Section 4. Code Section 81-1402, relating to continuances of cases for members of the General Assembly, as amended by an Act approved February 5, 1952 (Ga. Laws 1952, p. 26), is hereby amended by striking the following 'be absent from the court by reason of his attendance as a legislator on the General Assembly', and inserting in lieu thereof the following 'be absent from the court by reason of his attendance at a session of the General As sembly as a legislator and for forty-five (45) days after adjourn ment of any session,' so that when so amended Section 81-1402 shall
read as follows:
'Section 81-1402. Attendance on General Assembly by party or counsel. It shall be the duty of the judge of any trial court of this State to continue, on or without motion, any case in such court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his attendance at a session of the General Assembly as a legislator and for forty-five (45) days after adjournment of any session, unless the party in such absence of his attorney or the attorney in such absence of the party shall, on the call of the case, announce ready for trial. Provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that such absent counsel is necessary or desirable for the proper handling of the case.' "
By renumbering present Sections 3 and 4 as Sections 5 and 6, respectively.
2424
JOURNAL OF THE HOUSE,
Mr. Bynum of Rabun moved that the House disagree to the Senate amend ments.
The motion prevailed and the House disagreed to the Senate amendments to HB 568.
HB 169. By Messrs. Hull of Richmond, Jones of Muscogee and others:
A Bill to be entitled an Act to amend Code Section 24-2727 relating to fees allowed clerks of the superior courts, and for other purposes.
The following Senate amendment was read:
Senator Smalley of 28th moves to amend HB 169 by striking the words and figures "fifteen dollars ($15.00)" from Sections 1 and 2, wherever they appear, and by substituting in lieu thereof the words and figures "five dollars ($5.00)".
Mr. Jones of Muscogee 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 Alien Anderson Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin
Brantley Brinkley
Brooks, Geo. B. Brooks, Wilson Busbee
Bynum Byrd
Caldwell Carr Chandler Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Conger Conner Crowe Dailey Davis DeVane Dickinson Dixon
Dollar Dorminy
Doster Duncan, V. W. Evans
Farrar Floyd
Fulford Grahl Griffin Griffis Hale Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Houston Howell Hudgins Hutchinson
Jessup Johnson, Dr. A. S.
Jones, M. Jordan, Ben C. Jordan, W. H.
Kelly Knight, W. D.
Lee, F. S. Lee, G. B.
Lee, W. J. (Bill) Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McCracken McDaniel McKemie McRae Merritt Milhollin Mixon Moate Moses Murphy NeSmith, J. D.
FRIDAY, MARCH 12, 1965
Nessmith, P. Odom Oglesby Page Paris Perry Peterson Phillips, G. S. Phillips, L. L. Pickard Pope Reaves Reid Rhodes Richardson Ross Rowland Rush Russell Savage Sewell Shea Shuman Simkins
2425
Simmons Simpson Singer Smith, A. B. Smith, J. R. Smith, V. T. Spikes Spillers Steis Story Strickland Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughn, D. N. Walker Watkins Watson Wells White Williams, G. J. Williams, W. M. Wright
Those not voting were Messrs.:
Arnsdorff Bagby Bolton Bowen, R. L. Branch Brown, Gene Brown, M. P. Clark, J. T. Coker, R. Collins, J. F. Dean DeLoach Duncan, A. C. Dunwody Etheridge Flynt Gary Hall Herndon Holder Hull Irvin
Johnson, B. Jones, C. M. Jones, F. C. Jones, G. Paul Knight, D. W. Laite Lambert Lane Leonard Lovett Matthews, D. R. McClelland Melton Minge Mitchell Moore, Don C. Moore, J. H. Newton, A. S. Newton, D. L. Otwell Overby Pafford
Parker Poss Potts Rainey Roberts Rodgers, H. B. Rogers, Jimmie Roper Smith, Chas. C. Smith, G. L. II Snow Stain aker Sweat Tabb Thomas Thomason Tucker, J. B. Ware Wiggins Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 138, nays 0.
2426
JOURNAL OP THE HOUSE,
The Senate amendment to HB 169 was agreed to.
HB 217. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to be entitled an Act to amend Code Chapter 40-8 so as to au thorize the Secretary of State to establish branch depositories of the Department of Archives and History, and for other purposes.
The following Senate amendment was read:
Senator Maclntyre of 40th moves to amend HB 217 by deleting from lines 11 and 12 of the caption thereof the words "or the Budget Bureau" and by making the same deletion in lines 9 and 10 of Section 1 (b).
Mr. Richardson of Chatham 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 Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blalock
Bowen, J. O. Bowen, R. L. Brinkley Brown, Gene Busbee Bynum Byrd
Caldwell Carr Clark, J. T. Clarke, H. G. Collins, M. Colwell Conger
Crowe
Dailey Davis DeVane Dickinson Dollar Dorminy Evans Farrar Fulford Grahl Griffin
Harris, J. F. Harris, R. W. Henderson Houston Howell Hudgins Hull
Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, M. Jordan, Ben C. Kelly Lee, F. S.
Lee, G. B.
Lewis, E. B. Lewis, P. B. Looper Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McCracken
McKemie McRae Mixon NeSmith, J. D. Newton, A. S. Newton, D. L. Odom
Oglesby Page Parker Perry Peterson Phillips, G. S. Pickard
Reid
Rhodes Richardson Roberts Ross Rowland Russell Savage Sewell Shea Shuman Simkins
FRIDAY, MARCH 12, 1965
Simmons Singer Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Tabb Tidwell Tucker, Ray M.
2427
Underwood Vaughan, D. N. Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Abney Bagby Blair Bolton Brackin Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Chandler Coker, G., Dr. Coker, R. Collins, J. F. Conner Dean DeLoach Dixon Doster Duncan, A. C. Duncan, V. W. Dunwody Etheridge Floyd Flynt Gary Griffis Hale Hall Harrell Harrington
Harris, J. R. Herndon Holder Irvin Jessup Johnson, B. Jones, F. C. Jones, G. Paul Jordan, W. H. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, W. J. (Bill) Leonard Lovett Lowrey McClelland McDaniell Melton Merritt Milhollin Minge Mitchell Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P.
Otwell Overby Pafford Paris Phillips, L. L. Pope Poss Potts Rainey Reaves Rodgers, H. B. Rogers, Jimmie Roper Rush Simpson Smith, A. B. Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Story Strickland Sweat Thomas Thomason Tucker, J. B. Vaughn, C. R. Wells White Wilson Mr. Speaker
On the motion to agree, the ayes were 111, nays 0.
The Senate amendment to HB 217 was agreed to.
2428
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 63. By Senator Jackson of the 16th:
A Bill to provide that no member of train, yard or engine crew of a railroad shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Downing of the 1st, Gaynor of the 5th and Yancey of the 33rd.
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 substitute thereto:
SB 63. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide that no member of train, yard or engine crew of a railroad shall be held personally responsible for blocking a street under certain conditions, and for other purposes.
Mr. Busbee of Dougherty moved that the House insist on its position in substituting SB 63 and that the Speaker appoint a conference committee on the part o fthe 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. Pickard of Muscogee, Smith of Emanuel and Lee of Clayton.
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:
FRIDAY, MARCH 12, 1965
2429
HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes.
HB 692. By Messrs. Snow and Abney of Walker:
A Bill to amend an Act creating the City Court of Walker County, so as to provide for a solicitor for said court; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to-wit:
HR 156. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution creating the Election Laws Study Committee; and for other purposes.
The following Bill and Resolution of the House were taken up for the pur pose of considering the Senate amendments thereto:
HB 692. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act so as to provide for a Solicitor of the City Court of Walker County, and for other purposes.
The following Senate amendment was read:
Senator Loggins of 53rd moves to amend HB 692 by striking the words and figures "on May 5, 1965 or" in line 3 of quoted Section 5 of Section 1.
Mr. Snow of Walker moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 692 was agreed to.
HR 156. By Messrs. Smith of Grady, Bolton of Spalding and others: A Resolution creating the Election Laws Study Committee, and for other purposes.
2430
JOURNAL OF THE HOUSE,
The following Senate amendment was read:
The Senate Committee on Rules moves to amend HR 156 by striking from the paragraph beginning: "The members of the Committee, other than the Secretary of State . . ." the word "twenty" from the third sentence of said paragraph and substituting in lieu thereof the word "ten."
Mr. Blair of Sumter 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 Balcom Barber Beck Bedgood Black Blair Blalock Bowen, R. L. Brackin Brantley Brinkley Brooks, Wilson Brown, Gene Brown, M. P. Carr Coker, G., Dr. Coiling, M. Conger Conner Crowe Dailey DeVane Dollar Doster Duncan, A. C. Duncan, V. W. Dunwody Parrar Floyd Fulford Gary Grahl
Griffin Harrell Harris, J. R. Harris, R. W. Henderson Holder Howell Hudgins Irvin Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, W. H. Laite Lambert Lee, G. B. Leonard, G. H. Lowrey Luke Marshall Matthews, C. Mauldin McClelland McCracken McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon
Moate Moore, Don C. NeSmith, J. D. Nessmith, P. Oglesby Paris Parker Perry Peterson Phillips, G. S. Pope Potts Reaves Reid Roberts Roper Ross Rowland Russell Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Tidwell Tucker, Ray M.
Underwood Vaughn Ware
FRIDAY, MARCH 12, 1965
Watson White Wiggins
2431 Williams, W. M.
Those voting in the negative were Messrs.:
Acree Bagby Ballard Coker R. Collins, J. F. Dickinson Dorminy
Harris, J. F. Hutchinson Jessup Jordan, Ben C. Lewis, E. B. Lewis, P. M. Looper
Maddox, J. C. Matthews, D. R. Mauney, T. E. Odom Spillers Vaughan
Those not voting were Messrs.:
Alien Anderson Arnsdorff Bolton Bowen, J. O. Branch Brooks, Geo. B. Busbee Bynum Byrd Caldwell Candler Clark, J. T. Clarke, H. G. Colwell Davis Dean DeLoach Dixon Ethridge Evans Flynt Griffis Hale Hall Harrington
Herndon Houston Hull Johnson, B. Jones, F. C. Kelley Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, W. J. (Bill) Lovett Milhollin Moore, J. H. Moses Murphy Newton, A. S. Newton, D. L. Otwell Overby Pafford Page Phillips, L. L. Pickard Poss Rainey
Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Rush Savage Sewell Shea Shuman Simmons Singer Smith, Chas. C. Smith, G. L. II Smith, J. R. Sweat Thomas Thomason Tucker, J. B. Walker Watkins Wells Williams, G. J. Wilson Woodward Wright Mr. Speaker
On the motion to agree, the ayes were 106, nays 20.
The Senate amendment to HR 156 was agreed to.
HB 564. By Messrs. McClelland, Brooks and Ethridge of Fulton: A Bill to be entitled an Act to fix the compensation of ordinaries in
2432
JOURNAL OF THE HOUSE
counties having a population of more than 500,000, and for other pur poses.
The following Senate amendment was read:
The Pulton County Senate Delegation moves to amend HB 564 by adding a new section as follows:
Section 4. The effective date of this Act shall be January 1, 1966.
Mr. McClelland of Fulton moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 564 was agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate insists on its position on the following Bill of the House and re spectfully asks that a Committee of Conference be appointed:
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding and others:
A Bill to provide for the election of members of the House of Repre sentatives in 1965 who shall take office and serve for a period of time as provided in Code Section 47-101 relating to the membership of the House of Representatives, as amended, and for other purposes.
The president has appointed as a Committee of Conference on the part of the Senate Senators Carter of the 14th, Pennington of the 45th and Gaynor of the 5th.
The Senate has adopted as amended by the requisite constitutional majority the following resolution of the House:
HR 206. By Messrs. Smith of Grady, Bolton of Spalding and others:
FRIDAY, MARCH 12, 1965
2433
A Resolution creating an interim study committee on traffic safety; and for other purposes.
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 580. By Messrs. Busbee of Dougherty, Bolton of Spalding and others:
A Bill to provide for the election of members of the House of Repre sentatives in 1965, and for other purposes.
Mr. Busbee of Dougherty moved that the House insist on its position in disagreeing to the Senate amendment 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. Busbee of Dougherty, Smith of Emanuel and Hale of Dade.
Mr. Vaughn of Rockdale moved that the following Bill of the Senate be re moved from the table.
SB 39. By Senator Miller of 43rd:
A Bill to be entitled an Act to prohibit the hunting and taking of owls, and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Bagby Ballard Barber Beck Bedgood Blair Blalock Bolton Bowen, J. O.
Bowen, R. L. Brackin Branch Brinkley Brown, M. P. Carr Clark, J. T. Clarke, H. G. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M.
Colwell Conner Dailey Davis DeVane Dickinson Dorminy Doster Duncan, A. C. Duncan, V. W. Dunwody Evans
2434
JOURNAL OP THE HOUSE,
Floyd Grahl Harris, J. F. Harris, R. W. Howell Hull Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones G. Paul Jones, M. Jordan, Ben C. Jordan, W. H. Knight, D. W. Lambert Lee, F. S. Lee G. B. Looper Lowery Luke Matthews, C. Matthews, D. R. Mauney McCracken
McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moore, Don C. Moses Murphy NeSmith, J. D. Newton, D. L. Overby Paris Perry Phillips, G. S. Phillips, L. L. Pope Poss Potts Reid Rhodes Richardson Ross Rush
Savage Sewell Shuman Simkins Simpson Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spikes Spillers Stalnaker Steis Strickland Tidwell Tucker, J. B. Underwood Vaughn Vaughan Ware Watson White Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.
Black Brown, Gene Bynum Caldwell Fulford Griffin Harrell Henderson Houston Jessup Kelley Lane
Leonard Lewis, E. B. Lewis, P. B. Maddox Mauldin Melton Moore, J. H. Odom Otwell Peterson Roberts Roper
Those not voting were Messrs.:
Abney Arnsdorff Balcom Brantley Brooks, Geo. B. Brooks, Wilson Busbee Byrd Chandler
Conger Crowe Dean DeLoach Dixon Dollar Ethridge Farrar Flynt
Rowland Shea Singer Smith, Chas. C. Smith, V. T. Sweat Tabb Thomason Tucker, Ray M. Walker Watkins Wright
Gary Griffis Hale Hall Harrington Harris, J. R. Herndon Holder Hudgins
Jones, F. C. Knight, W. D. Laite
Lee, W. J. (Bill) Lovett Marshall McClelland Mitchell Moate Nessmith, P.
FRIDAY, MARCH 12, 1965
Newton, A. S. Oglesby Pafford Page Parker Pickard Rainey Reaves Rodgers, H. B. Rogers, Jimmie
2435
Russell Simmons Smith, G. L. II Snow Story Thomas Wells Mr. Speaker
On the motion to remove from the table, the ayes were 113, nays 36.
The motion prevailed and SB 39 was removed from the table.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and re spectfully asks that a Committee of Conference be appointed:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others: A Bill to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes.
The president has appointed as a Committee of Conference on the part of the Senate Senators Webb of the llth, Holley of the 22nd and Smalley of the 28th.
The following bill of the House was taken for the purpose of considering the Senate's insistence on its position in amending the same.
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others:
A Bill to be entitled an Act to fix the salaries of the judges of the superior courts, and for other purposes.
Mr. Bynum of Rabun moved that the House insist on its position in disa greeing to the Senate amendments and that the Speaker appoint a conference
2436
JOURNAL OF THE HOUSE,
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. Bynum of Rabun, Mitchell of Whitfield, and Knight of Berrien.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 206. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution creating an interim study committee on traffic safety, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Rules moves to amend HR 206 by chang ing the period at the end of the next to last sentence of the last para graph to a semi-colon and adding the following:
"provided, however that the Committee shall not be authorized to meet more than twenty days."
and by changing the period at the end of the last sentence to a semi-colon and adding the following:
"except that no member of the Committee not a member of the General Assembly shall be paid from such funds."
Mr. Lee of Clayton 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 Bagby Balkcom Ballard Barber
Beck Bedgood Blair Bolton Bowen, J. 0. Bowen, R. L. Brinkley Brooks, Wilson
Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Clarke, H. G. Colwell
Conner Dailey Dean DeVane Dickinson Dixon Dorminy Doster Duncan, V. W. Dunwody Ethridge Evans Farrar Floyd Fulford Gary Grahl Griffin Griffis Harrell Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jesup Johnson, Dr. A. S. Jones, C. M. Jones, G. Paul Jones, M. Jordan, Ben C.
FRIDAY, MARCH 12, 1965
Jordan, W. H. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, P. B. Looper Lowrey Luke Matthews, C. Mauldin Mauney MeCracken McDaniell McKemie McRae Melton Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Odom Oglesby Overby Page Paris Perry Peterson Phillips, G. S.
2437
Phillips, L. L. Pope Potts Reaves Reid Roberts Rowland Russell Savage Sewell Shea Simkins Simpson Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Stalnaker Steis Story Strickland Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn Vaughan Walker Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M.
Those not voting were Messrs.:
Arnsdorff Black Blalock Brackin Branch Brantley Brooks, Geo. B. Bynum Candler Clark, J. T. Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Conger
Crowe Davis DeLoach Dollar Duncan, A. C. Flynt Hale Hall Harrington Herndon Hull Johnson, B. Jones, F. C. Kelly Knight, D. W.
Knight, W. D. Laite Lane Lewis, E. B. Lovett Maddox Marshall Matthews, D. R. McClelland Mitchell Nessmith, P. Newton, A. S. Newton, D. L. Otwell
2438
Pafford Parker Pickard Poss Rainey Rhodes Richardson Rodgers, H. B. Rogers, Jimmie Roper
JOURNAL OF THE HOUSE,
Ross Rush
Shuman Simmons Singer Smith, A. B. Smith, Chas. C. Smith, G. L. II Spillers Sweat
Thomas, G. Thomason
Wells White Wilson Woodward Wright Mr. Speaker
On the motion to agree, the ayes were 132, nays 0.
The Senate amendment to HR 206 was agreed to.
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 475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A bill to authorize certain counties in this State to establish and main tain a law library for the use of the judges, solicitors, ordinaries, and other officers of the courts of said counties; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House to wit:
HB 583. By Messrs. Pope of Cherokee, Thomason of Pickens and others: A Bill to amend an Act creating emeritus offices for certain State House officials; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolutions of the House to wit:
HR 51-99. By Messrs. Bolton and Melton of Spalding: A Resolution to compensate William Marvin Tarleton; and for other purposes.
FRIDAY, MARCH 12, 1965
2439
HR 55-101, By Mr. Laite of Bibb:
A Resolution to compensate Mr. Guyton E. Goode and Mrs. Guyton E. Goode; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House:
HB 396. By Messrs. Harris and Farrar of DeKalb:
A Bill to amend an Act approved Feb. 25, 1949, providing that the salary of the judges of the Superior Court of the Stone Mountain Judicial Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 366. By Messrs. Steis of Harris, Bagby of Paulding and others:
A Bill to amend Sec. 22-1703 of the Code of Georgia of 1933, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to include in their annual re turns the name and address of each director and officer and such other information as the Secretary of State may determine to be in the public interest; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee and others:
A Bill to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the. Senate:
SB 209. By Senator Minish of the 48th:
A Bill to amend an Act incorporating the City of Jetfferson in the County of Jackson, approved Dec. 12, 1899 (Ga. L. 1899, p. 214), as
2440
JOURNAL OF THE HOUSE
amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 168. By Senator Minish of the 48th: A bill to amend an Act incorporating the City of Commerce in the County of Jackson, approved Aug. 17, 1909, (Ga. L. 1909, p. 665), as amended, so as to provide that the marshall or police chief, night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon.
SB 63. By Senator Jackson of the 16th: A Bill to be entitled an Act to provide that no member of train, yard or engine crew of a railroad shall be held personally liable for blocking a street under certain conditions, and for other purposes.
The following Conference Committee Report was read:
The Conference Committee on SB 63 has met and submits the following:
The Conference Committee recommends that the Senate recede from its position and recommends the adoption of Committee Substitute to SB 63, as passed by the House.
Respectfully submitted, For the Senate: Downing of 1st Gaynor of 5th Yancey of 33rd
For the House: Pickard of Muscogee Lee of Clayton Smith of Emanuel
FRIDAY, MARCH 12, 1965
2441
Mr. Pickard of Muscogee 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:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. O. Brinkley Brooks, Geo. B. Brown, Gene Busbee Carr Clarke, H. G. Coker, G., Dr. Colwell Conner Dailey DeVane Dickinson Dixon Duncan, V. W. Farrar Fulford Gary Grahl Griffin Harrell Harrington Harris, J. R. Harris, R. W. Henderson Holder Howell Hudgins Hutchinson Irvin
Jessup Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Lambert Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, F. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mitchell Moore, Don C. Moore, J. H. Moses Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Odom Oglesby Overby Paris Parker Perry Peterson Phillips, G. S.
Pickard Pope Potts Reaves Reid Richardson Ross Rowland Russell Savage Sewell Shea Simpson Singer Smith, A. B. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Sweat Tabb Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson Wright
2442
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Bagby Bolton Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Chandler Clark, J. T. Coker, R. Collins, J. F. Collins, M. Conger Crowe Davis Dean DeLoach Dollar Dorminy Doster Duncan, A. C.
Dunwody Ethridge Evans Floyd Flynt Griffis Hale Hall Harris, J. F. Herndon Houston Hull Johnson, B. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Laite Lane Lee, G. B. Lovett Luke McClelland Melton Moate
Nessmith, P. Otwell Pafford Page Phillips, L. L. Poss Rainey Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Roper Rush Shuman Simkins Simmons Smith, Chas. C. Smith, G. L. II Strickland Thomas Thomason Walker Wells White Woodward Mr. Speaker
On the motion to adopt, the ayes were 126, nays 0.
The Conference Committee Report on SB 63 was adopted.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitute thereto.
HB 366. By Messrs. Steis of Harris, Bagby of Paulding and others:
A Bill to be entitled an Act to amend Code Section 22-1703 requiring certain corporations to file annual returns with the Secretary of State, and for other purposes.
The following Senate amendment was read:
Senators Kidd of the 25th and Smith of the 18th move to amend House Bill 366 as follows:
By striking from the title the words "each director and officer of
FRIDAY, MARCH 12, 1965
2443
the respective corporations and such other information as the Secretary of State may determine to be in the public interest" and inserting in lieu thereof the words "the four principal officers of the corporation."
By striking from Section I the words "each director and officer of" and inserting in lieu thereof the words "the four principal officers of the."
Mr. Steis of Harris 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 Alien Anderson Arnsdorff Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Bowen, R. L. Brackin Brinkley Brown, Gene Busbee Carr Coker, G., Dr. Coker, R. Collins, J. F. Collins, M. Colwell Conner Crowe Dailey Dean DeVane Dickinson Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge Farrar
Floyd Fulford Gary Grahl Griffin Hale Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Laite Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Matthews, D. R. Mauldin
Mauney McCracken McDaniell McRae Merritt Milhollin Mitchell Mixon Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Page Parker Perry Peterson Phillips, L. L. Pickard Pope Potts Reid Richardson Roper Ross Rowland Russell Savage Sewell Shea Simpson Singer
2444
Smith, A. B. Smith, J. R. Smith, V. T. Spillers Stalnaker Steis Story Strickland
JOURNAL OF THE HOUSE,
Sweat Tabb Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware
Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Wright
Voting in the negative was Mr. Minge.
Those not voting were Messrs.:
Abney Bagby Bolton Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, M. P. Bynum Byrd Caldwell Chandler Clark, J. T. Clarke, H. G. Conger Davis DeLoach Dollar Duncan, A. C. Evans Flynt Griffis Hall
Harrell Herndon Holder Houston Hull Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Lovett Luke McClelland McKemie Melton Moate Murphy Otwell Pafford Paris Phillips, G. S. Poss
Rainey Reaves Rhodes Roberts Rodgers, H. B. Rogers, Jimmie Rush Shuman Simkins Simmons Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Snow Spikes Thomas Thomason Tidwell Tucker, J. B. White Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 134, nays 1.
The Senate amendment to HB 366 was agreed to.
HR 51-99. By Messrs. Bolton and Melton of Spalding:
A Resolution to compensate William Marvin Tarleton and for other purposes.
The following Senate amendment was read
FRIDAY, MARCH 12, 1965
2445
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claim ant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Bolton of Spalding moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment to HR 51-99 was agreed to.
HR 55-101. By Mr. Laite of Bibb: A Resolution to compensate Mr. and Mrs. Guyton E. Goode, and for other purposes.
The following Senate amendment was read:
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Mr. Laite of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 108, nays 0.
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JOURNAL OF THE HOUSE
The Senate amendment to HR 55-101 was agreed to.
HB 396. By Messrs. Harris and Farrar of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the salaries of the Judges of the Stone Mountain Judicial Circuit, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, p. 1938), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 113), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 1089), providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia, by providing that such supplement for each of the judges of the Superior Courts of such circuit shall be in the sum of eight thousand ($8,000) dollars per annum, to provide the method and manner in which the sanis is to be paid; to provide for a reduction under certain cir cumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by authority of the same that an Act approved February 25, 1949 (Ga. Laws 1949, p. 1938), as amended by an Act approved February 26, 1957 (Ga. Laws 1957, p. 113), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 1089), the same being an Act to provide for a supplement to the salaries of the judge of the Superior Court of the Stone Mountain Circuit be, and the same is hereby amended as follows:
Section 1. That from and after the approval of this Act the salary of each of the judges of the Stone Mountain Circuit shall be supple mented by payments out of the treasury of DeKalb County in the sum of eight thousand ($8,000) dollars per annum, such supplement required hereunder to be payable in equal monthly installments, and such sup plement to be in addition to any salary or other compensation received by s'ich judges from the State of Georgia or any other source. Provided, however, in the event the State salary paid to the judges of the Superior Courts is increased over and above sixteen thousand ($16,000) dollars, the above sum of eight thousand ($8,000) dollars shall be reduced by the amount of such increase.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Harris of DeKalb moved that the House agree to the Senate substitute.
FRIDAY, MARCH 12, 1965
2447
On the motion to agree, the ayes were 134, nays 0.
The Senate substitute to HB 396 was agreed to.
HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to be entitled an Act to authorize certain counties to establish a law library for the use of certain county officers, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Judiciary moves to amend HB 475 as follows:
By striking from Section 1 the following:
"one practicing attorney of said county",
and inserting in lieu thereof the following:
"two practicing attorneys of said county to be selected by the members of the Cobb Judicial Bar Association who shall serve for a term of one year and until their successors are selected".
By striking from Section 2 the following:
"He shall serve also as librarian in addition to performing such services as the board may direct. He shall receive such com pensation, if any, for his services as shall be fixed by the board. When no secretary-treasurer is employed by the board, the ordinary shall serve as ex officio secretary-treasurer."
and inserting in lieu thereof the following:
"It shall be the duty of the ordinary or the deputy clerk of the Superior Court of Cobb County to act as librarian and such officials shall not receive any additional compensation for the per formance of such duties."
By striking from Section 4 the following:
"to provide for the payment of all administrative expenses; to select the books and periodicals to be purchased for the library; to select equipment and furnishings necessary for the library;",
and inserting in lieu thereof the following:
2448
JOURNAL OP THE HOUSE,
"to select the books, reports, texts and periodicals;".
By striking from Section 6 the following:
"the establishment and maintenance of such libraries",
and inserting in lieu thereof the following:
"the purpose of purchasing law books, reports, texts and peri odicals for such library".
By adding in Section 6 after the words "in and for said counties" and before the words "and the clerks" the following:
"until the sum of $20,000 shall have been collected".
By striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein pro vided shall be used for the following purposes: The purchase of law books, reports, texts and periodicals. All law books, reports, texts and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county."
By renumbering Section 10 as Section 11.
By adding after Section 9 and before Section 11 a new Section 10 to read as follows:
"Section 10. When the sum of $20,000 shall have been accumulated pursuant to the provisions of this Act, this Act shall become void and of no force and effect."
Mr. Duncan of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 105, nays 0.
The Senate amendment to HB 475 was agreed to.
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
FRIDAY, MARCH 12, 1965
2449
the following Bills and Resolutions of the House to wit:
HB 271. By Mr. Hale of Bade: A Bill to amend Code Chapter 26-63 relating to obscene pictures and written material, so as to provide that any person who shall knowingly sell or exhibit, lend, give away, or who shall have possession of porno graphic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes.
Mr. Caldwell of Upson arose to a Point of Personal Privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto.
HB 271. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend Code Chapter 26-63 relating to obscene pictures and written material, and for other purposes.
The following Senate amendments were read:
Senator Bateman of 27th moves to amend HB 271 as follows:
1. Delete from title: "to provide for severability".
2. Delete Section 3 in its entirety.
3. Renumber Section 4 to Section 3.
Senator Webb of the llth moves to amend HB 271 as follows:
By striking from the title thereof the following: "pornographic or obscene material" and substituting in lieu thereof the following: "ob scene literature".
By striking from Section 26-6301.1, which Section is quoted in Sec tion 1 of said Bill, the following:
"pornographic or obscene book, pamphlet, magazine, photo graph, or picture, the cover or contents of which exploits, is de voted to, or is principally made up of descriptions of illicit sex or sexual immorality or of which is obscene, lewd, lascivious, or in decent or of which consists of pictures of nudes or partially de nuded figures posted or presented in a manner to provoke or
2450
JOURNAL OF THE HOUSE,
arouse lust or passion or to exploit sex, lust or perversion or of any article or instrument of indecent or immoral use",
and substituting in lieu thereof the following:
"obscene literature",
and by adding at the end thereof the following sentence:
"For the purposes of this Section, 'obscene literature' and litera ture' shall be the same as described in Georgia Code Section 26-6301a (Acts 1958, p. 391).
By striking from Section 26-6301.2, which Section is quoted in Section 2 of said Bill, the following "pornographic or obscene material" and substituting in lieu thereof the word "literature".
Mr. Moore of Polk 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.:
Acree Alien Anderson Balkcom Ballard Barber Beck Black Blair Bowen, J. O. Bowen, R. L. Brackin Branch Brinkley Brooks, Geo. B. Brown, Gene Byrd Carr Clarke, H. G. Coker, R. Collins, J. F. Collins, M. Colwell Crowe Dailey Dean DeVane
Dickinson Duncan, V. W. Dunwody Etheridge Farrar Gary Grahl Griffin Harris, J. F. Harris, J. R. Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, G. Paul Jones, M. Jordan, Ben C. Laite Lane Lee, F. S. Lee, G. B. Leonard Lewis, P. B.
Looper Lowrey Luke Maddox Marshall Matthews, D. R. Mauldin McCracken McDaniell McRae Merritt Minge Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Newton, D. L. Oglesby Overby Parker Perry Peterson Phillips, L. L. Pickard
Poss Reaves Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell
FRIDAY, MARCH 12, 1965
Savage Sewell Shea Simkins Smith, A. B. Smith, E. B., Jr. Smith, J. R. Spillers Stalnaker Story Strickland Tabb
2451
Thomason Tidwell Tucker, Ray M. Underwood Vaughan, D. N. Walker Watson Wells Wiggins Williams, G. J. Wright
Voting in the negative was Mr. Odom.
Those not voting were Messrs.:
Abney Arnsdorff Bagby Bedgood Blalock Bolton Brantley Brooks, Wilson Brown, M. P. Busbee Bynum Caldwell Chandler Clark, J. T. Coker, G. Dr. Conger Conner Davis DeLoach Dixon Dollar Dorminy Doster Duncan, A. C. Evans Floyd Flynt Fulford Griffis
Hale Hall Harrell Harrington Harris, R. W. Henderson Herndon Holder Hull Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lambert Lee, W. J. (Bill) Lewis, E. B. Lovett Matthews, C. Mauney McClelland McKemie Melton Milhollin Mitchell Murphy Newton, A. S. Otwell
Pafford Page Paris Phillips, G. S. Pope Potts Rainey Rogers, Jimmie Shuman Simmons Simpson Singer Smith, Chas. C. Smith, G. L. II Smith, V. T. Snow Spikes Steis Sweat Thomas Tucker, J. B. Vaughn, C. R. Ware Watkins White Williams, W. M. Wilson Woodward Mr. Speaker
On the motion to agree, the ayes were 116, nays 1.
The Senate amendments to HB 271 were agreed to.
2452
JOURNAL OF THE HOUSE,
Mr. Bynum of Rabun requested that the Journal record him as having voted "aye" on this motion to agree.
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 106. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act known as the "Senate Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million ($10,000,000.00) dollars outstanding at any one time; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 299. By Mr. Etheridge of Fulton:
A Bill to amend an Act incorporating Union City, relating to elections; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Second Conference Committee Report thereon.
SB 103. By Senators Wesberry of 37th, Johnson of 38th and others:
A Bill to be entitled an Act to amend the charter of the City of Atlanta, relating to the public water supply; and for other purposes.
The following Second Conference Commititee Report was read:
Mr. President:
Mr. Speaker:
Pursuant to the purposes for which appointed, the undersigned majority of your Second Committee of Conference on SB 103 respectfully submits the following report:
FRIDAY, MARCH 12, 1965
2453
1. That the Senate and House recede from their respective positions relative to SB 103.
2. That the House and Senate adopt the Second Committee of Conference Substitute to the SB 103 as hereto attached and made a part of this Report.
This 12th day of March, 1965. On behalf of the Senate Coggins of the 35th Sanders of the 41st
On behalf of the House Harris of DeKalb Etheridge of Fulton Brooks of Fulton
I, the undersigned, do hereby disagree with the majority Report of the Second Committee of Conference on SB 103.
Wesberry of the 37th
A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's adver tisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of 60 days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.
Section 2. An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, as amended, is hereby further amended by adding a new section thereto to read as follows:
"The public water supply system of the City of Atlanta shall be fluoridated pursuant to such policies, requirements or standards
2454
JOURNAL OF THE HOUSE,
governing the treatment of public water supply systems as may be promulgated by any lawful authority."
Section 3. Said Act is further amended by adding thereto a new section to read as follows:
"The Board of Health of Fulton County shall on or before April 15, 1965, file a Resolution with the Clerk of the Board of Aldermen of the City of Atlanta declaring whether or not the fluoridation of the water supply system of the City of Atlanta is needed."
Section 4. Said Act is further amended by adding thereto a new section to read as follows:
"The City of Atlanta is hereby authorized to contract with the Atlanta City Executive Committee or any other lawful entity whatsoever for the purpose of conducting elections, special elections, primaries or special primaries authorized by the charter of said city, by lawful ordinance of said city or by law and for the purpose of holding referendums authorized by the charter of said city, by lawful ordinance of said city or by law."
Section 5. In the event ten (10%) percent or more of the registered voters of the City of Atlanta, as disclosed by the registration sheets of the last preceding election held in the City of Atlanta in which all the voters thereof were authorized to participate, shall file on or before July 15, 1965, a petition or petitions with the Clerk of the Board of Aldermen of the City of Atlanta requesting that this Act be submitted to the registered voters residing within the territorial limits of the City of Atlanta, is shall be the duty of the Mayor and the Board of Aldermen of the City of Atlanta to issue the call for an election for the purpose of submitting this Act to the voters of the City of Atlanta for approval or rejection. The Mayor and Board of Aldermen shall set the date of such election on the same date as the next election held in the City of Atlanta (the word "election" as used in this sentence shall mean any election in which all the voters of the City of Atlanta are authorized to participate, whether general, special or primary; whether State, county or municipal; whether such election is to determine any matter or question or any other election of any kind or character). The Mayor and Board of Aldermen 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 Fulton County. The ballot submit ting the above proposed Act shall have written or printed thereon the following:
"YES ( ) Shall the charter of the City of Atlanta be amended so NO ( ) as to provide that the public water supply system of said City shall be fluoridated?"
All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall
FRIDAY, MARCH 12, 1965
2455
vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Atlanta. It shall be the duty of the Mayor and Board of Aldermen to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern elections in the City of Atlanta, except as otherwise provided herein. It shall be the duty of the Clerk of the Board of Aldermen to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
In the event the Resolution required to be filed by the Board of Health of Fulton County on or before April 15, 1965, declares that fluoridation is needed and in the event ten (10%) percent or more of the registered voters of the City of Atlanta do not file a petition or petitions with the Clerk of the Board of Aldermen on or before July 15, 1965, as herein provided, this Act shall become of full force and effect on July 16, 1965.
In the event, the Resolution rquired to be filed by the Board of Health of Fulton County on or before April 15, 1965, declares that fluoridation is not needed and in the event ten (10%) percent or more of the registered voters of the City of Atlanta do not file a petition or petitions with the Clerk of the Board of Aldermen on or before July 15, 1965, as herein provided, this Act shall be void and of no force and effect.
Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall 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 un constitutional.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Etheridge of Fulton moved that the House adopt the Second Conference Committee 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
Ballard
2456
Barber Blair Bolton Brackin Brinkley Brooks, Wilson Byrd Clark, J. T. Clarke, H. G. Conner DeVane Dickinson Dixon Etheridge Parrar Gary Harrell Harris, J .F. Harris, J. R. Harris, R. W.
JOURNAL OF THE HOUSE,
Holder Houston Irvin Johnson, Dr. A. S. Jones, M. Knight, D. W. Knight, W. D. Lee, F. S. Lee, W. J. (Bill) Lewis, P. B. Lowrey Maddox McCracken McRae Milhollin Minge Mitchell NeSmith, J. D. Oglesby Paris
Phillips, L. L. Poss Reid Rodgers, H. B. Rowland Shea Smith, A. B. Smith, V. T. Snow Spillers Steis Tabb Tucker, J. B. Tucker, Ray M. Vaughan, D. N. Ware Watkins Watson Wiggins Williams, W. M.
Those voting in the negative were Messrs.:
Acree Alien Bagby Beck Bedgood Bowen, J. 0. Brantley Brooks, Geo. B. Brown, M. P. Busbee Bynum Caldwell Chandler Colwell Conger Dean Dollar Doster Duncan, A. C. Floyd Grahl Harrington Henderson Howell
Hudgins Hutchinson Jessup Johnson, B. Jones, G. Paul Jordan, Ben C. Laite Lane
Lee, G. B. Leonard Lewis, E. B. Looper Marshall Matthews, C. Matthews, D. R. Mauldin Mauney McClelland McDaniell Mixon Moate Moore, J. H. Moses Nessmith, P.
Newton, D. L. Odom Overby Perry Peterson Pope Potts Rainey Rhodes Richardson Roberts Roper Ross Russell Savage Sewell Simkins Smith, J. R. Stalnaker Tidwell Underwood Williams, G. J. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Balkcom
Black Blalock
Bowen, R. L. Branch
Brown, Gene Carr Coker, G., Dr. Coker, R. Collins, J. P. Collins, M. Crowe Dailey Davis DeLoach Dorminy Duncan, V. W. Dunwody Evans Flynt Fulford Griffin Griffis Hale Hall Herndon
FRIDAY, MARCH 12, 1965
Hull Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Lambert Lovett Luke McKemie Melton Merritt Moore, Don C. Murphy Newton, A. S. Otwell Pafford Page Parker Phillips, G. S. Pickard Reaves
2457
Rogers, Jimmie Rush Shuman Simmons Simpson Singer Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Story Striekland Sweat Thomas Thomason Vaughn, C. R. Walker Wells White Wilson Mr. Speaker
On the motion to adopt, the ayes were 53, nays 52.
The motion was lost and the House disagreed to the Second Conference Committee Report on SB 103.
The following Bill of the House was taken up for the purpose of considering the Conference Committee Report thereon:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others: A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, and for other purposes.
The following Conference Committee Report was read: Mr. President: Mr. Speaker: Pursuant to the purposes for which appointed, your Committee of Conference on HB 568 respectfully submits the following report: 1. That the House recede from its position in disagreeing with the Senate amendments to HB 568.
2458
JOURNAL OF THE HOUSE,
2. That the Senate recede from its position in amending HB 568.
3. That HB 568 be amended as recommended by your Committee of Conference. Said amendment is hereto attached and made a part of this Report.
This 12th day of March, 1965. Webb of the llth Holley of 22nd Smalley of the 28th
Knight of Berrien Mitchell of Whitfield Bynum of Rabun
Committee of Conference on HB 568 recommends that HB 568 be amended as follows:
By inserting in the title immediately before the phrase "to provide for severability" the following:
"to include provisions relative to retirement, pensions, com pensation and the practice of law of Justices of the Supreme Court and Judges of the Court of Appeals and other matters relative thereto;".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.
By adding a new section after Section 2 and before Section 4 to be known as Section 3 to read as follows:
"Section 3. (a) Every Justice of the Supreme Court and every Judge of the Court of Appeals shall retire upon reaching the age of seventy. Provided, however, any Justice or Judge during the term of office he is serving on April 1, 1965, shall not be required to retire at age seventy prior to the expiration of the term to which he has been elected at which time he shall retire, but he may elect to so so and shall receive the pension or compensation herein provided; provided further, however, any Justice or Judge serving on April 1, 1965, who is seventy years of age or more, and who within six months after April 1, 1965, elects to retire, may do so, in which case he shall receive as a pension the full compensation which he was then receiving for the balance of the term to which he was elected and thereafter he shall receive a pension of twothirds of that compensation.
"(b) Every Justice of the Supreme Court and every Judge of the Court of Appeals serving on April 1, 1965 may retire upon reaching the age of sixty-five and any Justice or Judge so retiring under this provision who has served at least ten years as a Justice
FRIDAY, MARCH 12, 1965
2459
or Judge of the Supreme Court or the Court of Appeals or any combination thereof, or who upon reaching the age of sixty-five has a combined service of fifteen years as Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court, five of which must have been as Justice of the Supreme Court or Judge of the Court of Appeals, shall receive a pension or compensation which shall be not less than two-thirds of the com pensation received by him at the time of his retirment.
"(c) No such Justice of the Supreme Court or such Judge of the Court of Appeals receiving retirment or pension benefits hereunder shall be eligible to appointment to any emeritus position.
"(d) Any Justice of the Supreme Court or Judge of the Court of Appeals receiving any such compensation or pension shall not engage in the practice of law.
"(e) Any Justice of the Supreme Court and any Judge of the Court of Appeals who was serving as such on April 1, 1964, and who notified the Executive Secretary of the State Employees' Re tirement System that he desired to become a member of the Retire ment System shall not be eligible to be appointed to any emeritus postion. Provided, however, any such Justice or Judge shall have until May 1, 1965 to rescind such notification and withdraw any payments which he has made into said System, and once again become eligible to be appointed to an emeritus position, but any such Justice or Judge rescinding such notification shall not there after be eligible to become a member of said Retirement System. It is the intention of this paragraph that no Justice of the Supreme Court and no Judge of the Court of Appeals shall be eligible to be appointed to any emeritus position if he is also a member of the Retirement System, and that no such Justice or Judge shall be eligible to receive any benefits under the Retirement System if he chooses to retain his eligibility to be appointed to an emeritus position."
Mr. Tucker of Catoosa moved that the Conference Committee Report be printed.
Mr. Williams of Hall moved that the Rule to Print be waived.
On the motion to waive the Rule to Print, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree
Alien Anderson
Bagby Balkcom
2460
Barber Beck Bedgood Black Blair Blalock Bowen, J. 0. Brackin Brantley Brinkley Brown, Gene Busbee Bynuni Carr Clarke, H. G. Collins, M. Colwell Conger Conner Dailey DeLoach DeVane Doster Duncan, V. W. Floyd Gary Grahl Griffin Griffis Harrell Harrington Harris, R. W. Henderson Houston Howell
JOURNAL OF THE HOUSE,
Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Knight, W. D. Lambert Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Lewis, P. B. Looper Maddox Matthews, C. Mauldin Mauney McCracken McRae Merritt Mitchell Mixon Moate Moore, Don C. NeSmith, J. D. Nessmith, P. Newton, D. L. Odom Oglesby Overby Perry Peterson Phillips, L. L.
Pickard Pope Poss Potts Reaves Reid Roberts Roper Ross Rowland Russell Savage Sewell Simpson Singer Smith, J. R. Smith, V. T. Snow Stalnaker Steis Story Sweat Tabb Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Watkins Watson Wiggins Williams, W. M. Wilson Woodward Wright
Those voting in the negative were Messrs.:
Ballard Bowen, R. L. Brooks, Wilson Brown, M. P. Chandler Clark, J. T. Coker, G., Dr. Dean Dickinson Dixon Dollar Dorminy Dunwody Etheridge
Evans Farrar Harris, J. F. Harris, J. R. Jones, G. Paul Jordan, Ben C. Laite Lane Lowrey Luke McDaniell Milhollin Moore, J. H. Moses
Otwell Page Paris Richardson Shea Simkins Spillers Thomason Tucker, J. B. Vaughan, D. N. Walker Ware Williams, G. J.
FRIDAY, MARCH 12, 1965
Those not voting were Messrs.:
Arnsdorff Bolton Branch Brooks, Geo. B. Byrd Caldwell Coker, R. Collins, J. F. Crowe Davis Duncan, A. C. Flynt Fulford Hale Hall Herndon Holder Hull
Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Leonard Lewis, E. B. Lovett Marshall Matthews, D. R. McClelland McKemie Melton Minge Murphy Newton, A. S. Pafford Parker Phillips, G. S.
2461
Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Spikes Strickland Thomas Wells White Mr. Speaker
On the motion to waive, the ayes were 110, nays 41.
The motion prevailed and the printing of the report was dispensed with.
Mr. Bynum of Rabun moved that the Conference Committee Report 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 Bagby Barber Brinkley Brown, Gene Bynum Conger
Conner DeLoach Griffis Jones, M. Knight, W. D. Lewis, E. B. Looper Matthews, C.
Mitchell NeSmith, J. D. Pope Rowland Smith, V. T. Steis Tabb
Those voting in the negative were Messrs.:
Acree Arnsdorff Ballard Beck
Blair Blalock Bolton Bowen, J. O.
Bowen, R. L. Brantley Brooks, Wilson Brown, M. P.
2462
Busbee Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Dean Dickinson Dixon Dollar Dorminy Doster Duncan, A. C. Dunwody Etheridge Evans Farrar Floyd Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Johnson, B. Jones, F. C. Jones, G. Paul
JOURNAL OF THE HOUSE,
Jordan, Ben C. Knight, D. W. Laite Lambert Lane Lee, G. B. Lee, W. J. (Bill) Lowrey Luke Marshall Matthews, D. R. Mauldin Mauney McCracken McDaniell McKemie McRae Merritt Milhollin Minge Mixon Moate Moore, Don C. Moore, J. H. Moses Murphy Nessmith, P. Newton, A. S, Newton, D. L. Odom Oglesby Otwell Overby Parker Perry Peterson Phillips, L. L. Pickard
Poss Potts Rainey Reid Richardson Roberts Rodgers, H. B. Roper Ross Russell Savage Sewell Shea Simkins Smith, J. R. Snow Spikes Spillers Stalnaker Story Strickland Thomason Tidwell Tucker, J. B. Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Watkins Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Balkcom Bedgood Black Brackin Branch Brooks, Geo. B. Byrd Caldwell Carr Coker, R. Crowe Dailey
Davis DeVane Duncan, V. W. Flynt Fulford Hale Hall Herndon Hull Jessup Johnson, Dr. A. S. Jones, C. M. Jordan, W. H.
Kelly Lee, F. S. Leonard Lewis, P. B. Lovett Maddox McClelland Melton Pafford Page Paris Phillips, G. S. Reaves
Rhodes Rogers, Jimmie Rush Shuman Simmons Simpson
FRIDAY, MARCH 12, 1965
2463
Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Sweat
Thomas White Wilson Mr. Speaker
On the motion to adopt, the ayes were 23, nays 126.
The Conference Committee Report on HB 568 was rejected.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 106. By Messrs. Smith of Grady, Bolton of Spalding and others: A Bill to be entitled an Act to amend an Act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million dollars outstanding at any one time, and for other purposes.
The following Senate amendment was read: Senator Holloway of the 52nd moves to amend HB 106 as follows: Section 5 on fifth line change 10,000,000 to 7,000,000 and in the
seventh line change 10,000,000 to 7,000,000.
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 Balkcom Ballard Barber
Beck Bedgood Black Blair Blalock Bolton Bowen, R. L. Brackin
Brinkley Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T.
2464
JOURNAL OF THE HOUSE,
Coker, G., Dr. Collins, M. Colwell Conger Conner Crowe Dailey Dean DeLoach DeVane Dickinson Dixon Dorminy Doster Duncan, V, W. Dunwody Etheridge Evans Floyd Gary Grahl Griffin Harrell Harrington Harris, J. F. Harris, J. R. Henderson Holder Houston Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, G. Paul Jones, M. Jordan, Ben C. Knight, W. D. Laite Lambert
Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McCracken McDaniell
McRae Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Otwell Overby Page Parker Perry Peterson Phillips, L. L. Pickard Pope Poss
Potts Rainey Reid Rhodes Richardson Roberts Rodgers, H. B. Roper Ross Rowland Rush Russell Savage Sewell Shea Simkins Simpson Singer Smith, J. R. Smith, V. T. Snow Spillers Stalnaker Steis Story Sweat Tabb Thomason Tidwell Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Walker Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Alien Bowen, J. 0. Branch Brantley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P.
Clarke, H. G. Coker, R. Collins, J. F. Davis Dollar Duncan, A. C. Farrar Flynt
Pulford Griffis Hale Hall Harris, R. W. Herndon Hull Jones, C. M.
Jordan, W. H. Kelly Knight, D. W. Lovett Matthews, D. R. McKemie Melton Moore, J. H. Murphy Pafford
FRIDAY, MARCH 12, 1965
Paris Phillips, G. S. Reaves Rogers, Jimmie Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II
2465
Spikes Strickland Thomas Tucker, J. B. Watkins White Wilson Mr. Speaker
On the motion to agree, the ayes were 152, nays 0.
The House has agreed to the Senate amendment to HB 106.
HB 279. By Messrs. Wilson of Brantley. Jones of Muscogee and others:
A Bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant, and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Title 53, known as "Husband and Wife", as amended, particularly by an Act approved February 28, 1939 (Ga. Laws 1939, p. 219), an Act approved March 24, 1939 (Ga. Laws 1939, p. 221), an Act approved February 14, 1956, (Ga. Laws 1956, p. 43), an Act approved February 22, 1957 (Ga. Laws 1957, p. 83), an Act approved March 17, 1958 (Ga. Laws 1958, p. 214), an Act approved March 7, 1960 (Ga. Laws 1960, p. 179), an Act approved February 27, 1962 (Ga. Laws 1962, p. 138), and an Act approved April 12, 1963 (Ga. Laws 1963, p. 485), so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; to provide for parental consent for both the underage woman and the underage man under the former provision; to provide the time and place for the issuance of marriage licenses; to provide for a manda tory 3-day waiting period in certain cases from the date application is made until issuance of the marriage license; to provide that parent or guardian of any applicant 19 years of age or under must appear in per son before the ordinary and consent to the proposed marriage, or consent by an affidavit where a physical appearance is not possible; to provide that the ordinary shall require proof of age of all applicants; to provide that certain actions shall constitute misdemeanors and to provide for the punishment thereof; to repeal certain Sections not in conflict with the above mentioned changes; to repeal conflicting laws; and for other purposes.
2466
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Code Title 53, known as "Husband and Wife", as amended, partic ularly by an Act approved February 28, 1939 (Ga. Laws 1939, p. 219), an Act approved March 24, 1939 (Ga. Laws 1939, p. 221), an Act approved February 14, 1956 (Ga. Laws 1956, p. 43), an Act approved February 22, 1957 (Ga. Laws 1957, p. 83), an Act approved March 17, 1958 (Ga. Laws 1958, p. 214), an Act approved March 7, 1960 (Ga. Laws 1960, p. 179), an Act approved February 27, 1962 (Ga. Laws 1962, p. 138), and an Act approved April 12, 1963 (Ga. Laws 1963, p. 485), is hereby amended by striking from the next to the last paragraph of Code Section 53-102, relating to persons able to contract marriage, the words:
"being presented to the ordinary",
and inserting in lieu thereof the words:
"said proof to be shown to the ordinary by a certificate signed by a licensed physician of the State of Georgia, stating that the female applicant is, in his opinion, pregant",
and adding to the end of said paragraph:
"Provided, however, that where either or both of the applicants are underage, parental consent of each such underage applicant must be shown to the ordinary. Said parental consent must be in person unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit, signed by a licensed attending physician stating that said parent or guardian is physically in capable of being present. Parental consent shall include guardians as well as natural and adoptive parents.",
so that when so amended, the next to the last paragraph of Code Section 53-102 shall read as follows:
"Provided, however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female, said proof to be shown to the ordinary by a certificate signed by a licensed physician of the State of Georgia, stating that the female applicant is, in his opinion, pregnant, in which case the parties may contract marriage regardless of age. Provided, however, that where either or both of the applicants are underage, parental consent of each such underage applicant must be shown to the ordinary. Said parental consent must be in person unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. Parental consent
FRIDAY, MARCH 12, 1965
2467
shall include guardians as well as natural and adoptive parents. Said certificate signed by a physician shall be available for inspec tion by the parents or guardians of either the female or male applicant under this section, but said certificate shall not be open to public inspection except on order of a Judge of the Superior Courts. Licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 or 84-12."
SECTION 2
Said Title is further amended by striking from Code Section 53-201, relating to marriage licenses, how granted, returned, and recorded, as amended, particularly by an Act approved February 14, 1956 (Ga. Laws 1956, p. 403), and an Act approved March 7, I960 (Ga. Laws 1960, p. 179), by striking from the first paragraph of said Section the words:
"or by the ordinary at his legal residence; only between the hours of 8 a.m., and 6 p.m., or by a clerk at such clerk's residence, provided such residence is within the militia district of the county seat",
and inserting in lieu thereof the words:
"only between the hours of 8 a.m. and 6 p.m. on Monday through Saturday; no licenses shall be issued between the hours of 6 p.m. Saturday and 8 a.m. the following Monday",
so that when so amended, the first paragraph of Section 53-201 shall read as follows:
"53-201. How granted, returned, and recorded. -- Marriage licenses shall be granted only by the ordinary, or his clerk at the county courthouse, only between the hours of 8 a.m. and 6 p.m. Monday through Saturday; no licenses shall be issued between the hours of 6 p.m. Saturday and 8 a.m. the following Monday. Such license shall be issued in the county where the female to be married resides if she is a resident of this State, and in the county in which the ceremony is to be performed, if the female to be married be a nonresident of this State. The license shall be directed to any judge, city recorder, justice of the peace, or minister of the gospel, authorizing the marriage of the persons therein named and requir ing such judge, justice of the peace, or minister of the gospel to return the said license to the ordinary, with the certificate thereon as to the fact and date of marriage, within 30 days after the date of said marriage, which license, with the return thereon shall be recorded by the ordinary in a book kept by him for that purpose."
SECTION 3
Said Title is further amended by striking the second paragraph of Code Section 53-202, relating to the application for licenses; information as to impediments; three-day waiting periods, as amended, particularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 214), and insert-
2468
JOURNAL OP THE HOUSE,
ing in lieu thereof a new second paragraph of Code Section 53-202 to read as follows:
"Provided, however, no marriage license shall be issued earlier than 3 days following the application therefor, unless the female applicant is pregnant and such pregnancy is proved by a certificate signed by a licensed physician of the State of Georgia, or unless the applicants are the parents of a living child born out of wedlock, or unless both applicants have been proved to be 21 years of age or older, in any of which events a marriage license may be issued immediately. Any person who issues such license in violation of this paragraph, unless the parties fall under the 3 exceptions as here inbefore mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as a misdemeanor. Such wilful conduct shall constitute malpractice in office."
SECTION 4
Said Title is further amended by striking Code Section 53-204, relating to notice of application; posting; contents, in its entirety and inserting in lieu thereof a new Code Section 53-204 to read as follows:
"53-204. Notice of Application; contents.--In cases where the parties applying for a license are 19 years of age or younger, their ages to be proved to the ordinary as hereinafter provided, the parents or guardians of each underage applicant must appear in person before the ordinary and consent to the proposed marriage, unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit there must also be includ ed an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. All applicants who have passed their 19th birthday but have not yet attained the age of 21 years may be married without the consent of parent or guardian, but in no case shall the three-day waiting period be waived. All applicants who have reached their 21st birthday, such proof being shown to the ordinary as herein after mentioned, may be married immediately and waive the threeday mandatory waiting period. Licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 or 84-12."
SECTION 5
Said Title is further amended by striking Code Section 53-205, relating to when licenses may not be issued within five days; exceptions, in its entirety.
SECTION 6
Said Title is further amended by striking in its entirety Code Section 53-206, relating to proof of majority and notice to be posted when parties fail to establish majority, and inserting in lieu thereof
FRIDAY, MARCH 12, 1965
2469
a new Code Section 53-206 to read as follows:
"53-206. When the applicant claims that the parties are 21 years of age or over, the ordinary to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the ordinary does not know of his own knowledge that both parties for who a marriage license is sought are 21 years of age, or over, he shall require applicants to furnish birth certificates, or baptismal certificates. Applicants who have passed their 19th birthday may be issued a license at the expiration of 3 days. Appli cants who have not passed their 19th birthday must have the consent of their parents or guardian as specified in Code Section 53-204. With such consent, a marriage license may be issued at the expiration of 3 days; except in cases where the male applicant has not yet reached his 18th birthday and in cases where the female applicant has not yet reached her 16th birthday; in such cases, in addition to parental consent, the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are the parents of a living child born out of wedlock in which case the parties may be issued a marriage license immediately. Applicants who have satis factorily proved that they are 21 years of age or over may be issued a marriage license immediately. Physician's certificate shall include only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12."
SECTION 7
Said Title is further amended by striking Code Section 53-207, relating to ordinary to inquire as to ages; no license for female under 18 except by parent's or guardian's written consent; in its entirety.
SECTION 8
Said Title is further amended by striking from Code Section 53-208, relating to liability of ordinary for failure to post facts pertaining to application or issuing license unlawfully, as amended by an Act approv ed February 28, 1939 (Ga. Law 1939, p. 219), and an Act approved March 24, 1939 (Ga. Laws 1939, p. 221), the following words:
"failure to post facts pertaining to application or", and the words:
"fail to post in his office the required notice pertaining to the application, or who shall",
and by striking the figure "18" and inserting in lieu thereof the figure "19", so that when so amended Code Section 53-208 shall read as follows:
"53-208. Liability of ordinary for issuing license unlawfully.-- Any ordinary who by himself or clerk shall issue a license in viola tion of the time provision, or who shall knowingly grant a license without the required consent or without proper precaution in
2470
JOURNAL OF THE HOUSE,
inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties: Provided, that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage: and Provided further that no such action shall be brought prior to the expiration of 60 days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of 12 months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence: Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than 19 years of age."
SECTION 9
Said Title is further amended by adding to Code Section 53-99. Crimes, a new subsection to be designated "53-9912. Filing false informa tion relating to application for marriage licenses", to read as follows:
"53-9912. Filing false information relative to application for marriage licenses.--Any person who shall wilfully furnish false information in connection with the application and issuance of any marriage license, either in the application for the license, or in furnishing proof of age, or in the physician's certificate as to pregnancy, shall be guilty of a misdemeanor, and shall be punished as for a misdemeanor."
SECTION 10
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Wilson of Brantley moved that the House disagree to the Senate substi tute.
The motion prevailed and the House has disagreed to the Senate substitute.
HB 299. By Mr. Etheridge of Fulton: A Bill to be entitled an Act to amend an Act incorpoating Union City,
FRIDAY, MARCH 12, 1965
2471
relating to elections, and for other purposes.
The following Senate amendment was read:
The Committee on Judiciary moves to amend HB 299 as follows:
By striking from Section 14, which Section is quoted in Section 4 of said Bill, that sentence which reads as follows:
"Said court shall have the power to preserve order and punish for contempt by any fine not exceeding $100.00 or imprisonment in the City Jail for any period of time not exceeding sixty days, either or both in the discretion of the Judge."
and by substituting in lieu thereof the following:
"Said court shall have the power to preserve order and punish for contempt by any fine not exceeding $50.00 or imprisonment in the City Jail for any period of time not exceeding five days, either or both in the discretion of the Judge."
By striking that phrase from said Section which reads as follows:
"by compelling the defendant or offender to labor upon the streets of said city for a period of not longer than six months and by fine not to exceed five hundred dollars ($500) and the costs of the court",
and by substituting in lieu thereof the following:
"by compelling the defendant or offender to labor upon the streets of said city for a period of not longer than thirty days and by fine not to exceed two hundred dollars ($200) and the costs of the. court".
Mr. Brooks of Pulton moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The House has agreed to the Senate amendment to HB 299.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
2472
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 272. By Messrs. Chandler of Baldwin; Branch of Tift and others:
A Bill to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings in each House; and for other purposes.
Mr. Smith of Emanuel asked unanimous consent that the Committee of Con ference on the following Bill of the House be discharged:
HB 580. By Messrs. Busbee of Dougherty, Bolton of Spalding, Smith of Grady and others:
A Bill to be entitled an Act to provide for the election of members of the House of Representatives in 1965 who shall take office and serve for a period to time as provided in Code Section 47-101 relating to the membership of the House of Representatives, and for other purposes.
The Consent was granted and the Committee on Conference on HB 580 was discharged.
Mr. Bolton of Spalding moved that the House recede from its position on
HB 580 in disagreeing to the Senate amendments
On the motion to recede, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Bagby Balkcom Ballard Barber
Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L.
Brackin Brantley Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Carr
FRIDAY, MARCH 12, 1965
Chandler Clark, J. T. Clarke, H. G. Collins, M. Conner Dailey Dean Dixon Dorminy Doster Duncan, A. C. Dunwody Etheridge Parrar Gary Grahl Griffin Hale Harrell Harrington Harris, J. R. Harris, R. W. Henderson Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Laite Lambert
Lane Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lowrey Maddox Marshall Matthews, C. Mauldin McKemie Melton Merritt Milhollin Minge Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Overby Paris Parker Perry Peterson Phillips, L. L. Pope Poss Potts
2473
Rainey Reaves Reid Richardson Roberts Roper Rowland Sewell Shea Singer Smith, G. L. II Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Tabb Tucker, J. B. Underwod Vaughn, C. R. Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.
Brinkley Collins, J. P. Conger Dickinson Dollar Duncan, V. W. Evans Ployd Harris, J. P. Johnson, B. Jones, F. C.
Jones, G. Paul Jones, M. Jordan, Ben C. Lewis, P. B. Looper Luke McCracken McDaniell Mixon Odom Oglesby
Pickard Ross Russell Simkins Smith, J. R. Sweat Tucker, Ray M. Vaughan, D. N. Walker Watkins Wright
Those not voting were Messrs.:
Arnsdorff Branch Brooks, Geo. B. Bynum Caldwell
Coker, G., Dr. Coker, R. Colwell Crowe Davis
DeLoach DeVane Flynt Pulford Griffis
2474
Hall Herndon Holder Houston Hull Jessup Jones, C. M. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, F. S. Lovett Matthews, D. R. Mauney
JOURNAL OF THE HOUSE,
McClelland McRae Mitchell Moore, Don C. Murphy Newton, A. S. Newton, D. L. Otwell Pafford Page Phillips, G. S. Rhodes Rodgers, H. B. Rogers, Jimmie Rush
Savage Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Thomas Thomason Tidwell White Wilson Mr. Speaker
One the motion to recede, the ayes were 114, nays 33.
The motion prevailed and the House has receded from its position in disagree ing to the Senate amendments.
Mr. Bolton of Spalding moved that the House agree to the Senate amend ment to HB 580.
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 Bagby
Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton
Bowen, J. 0. Bowen, R. L. Brackin Brantley Brooks, Wilson Brown, Gene
Brown, M. P. Busbee Byrd Carr
Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, M. Colwell Conner Dailey Dean
Dixon Dorminy Doster Duncan, V. W. Dunwody Etheridge
Farrar Gary Grahl Griffin
Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Howell Hudgins Hutchinson
Irvin Johnson, Dr. A. S. Laite Lambert Lee, W. J. (Bill) Lewis, E. B.
Lewis, P. B. Looper Lowrey Maddox Marshall Matthews, C. Mauldin McCracken McKemie Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, J. H. Moses Nessmith, P. Oglesby
FRIDAY, MARCH 12, 1965
Overby Paris Parker Perry Peterson Phillips, L. L. Pope Poss Potts Reaves Reid Richardson Roberts Roper Rowland Sewell Shea Singer Smith, G. L. II Smith, V. T.
2475
Snow Spikes Spillers Stalnaker Steis Story Strickland Tabb Tucker, J. B. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watson Wells Wiggins Williams, G. J. Williams, W. M. Woodward
Those voting in the negative were Messrs.:
Brinkley Conger Dickinson Dollar Evans Ployd Harris, R. W.
Jessup Jones, G. Paul
Jones, M. Jordan, Ben C. Luke Moore, Don C. Odom
Ross Savage Simkins Thomason Tucker, Ray M. Watkins Wright
Those not voting were Messrs.:
Acree Arnsdorff Branch Brooks, Geo. B. Bynum Caldwell Coker, R. Collins, J. F. Crowe Davis DeLoach DeVane Duncan, A. C. Flynt Fulford Griffis Hall Herndon Holder
Houston Hull Johnson, B. Jones, C. M. Jones, F. C. Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lane Lee, F. S. Lee, G. B. Leonard Lovett Matthews, D. R. Mauney McClelland McDaniell McRae
Murphy NeSmith, J. D. Newton, A. S. Newton, D. L. Otwell Pafford Page Phillips, G. S. Pickard Rainey Rhodes Rodgers, H. B. Rogers, Jimmie Rush Russell Shuman Simmons Simpson Smith, A. B.
2476
Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Sweat
JOURNAL OF THE HOUSE,
Thomas Tidwell Walker White
Wilson Mr. Speaker
On the motion to agree, to the Senate amendment, the ayes were 116, nays 21.
The House has agreed to the Senate amendments to HB 580,
The following Resolution was read:
HR 313. By Messrs. Smith of Grady, Bolton of Spalding and others:
A RESOLUTION
Requesting the Federal Court to allow certain members of the present House of Representatives to continue to serve; and for other purposes.
WHEREAS, the General Assembly has enacted legislation to reapportion the House of Representatives in compliance with the Federal Court Order in the case of Toombs vs. Fortson; and
WHEREAS, there are certain situations wherein it is felt that the present members of the House of Representatives should be allowed to continue to serve and be the Representatives from the newly created Representative Districts;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Court be requested to pass an order which would have the effect of accomplishing the following:
(1) No special primary or spesial election shall be held in 1965 to elect a Representative or Representatives for any Representative Dis trict which, as constituted in Code Section 47-101, relating to the apportionmnet of the membership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, contains only one county and which is allotted the same number of Representatives which the county comprising said Dis trict was allotted under Code Section 47-101 as it existed prior to its being amended by the aforesaid Act of 1965, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Representatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the Session of the General Assembly which convenes in 1967.
FRIDAY, MARCH 12, 1965
2477
(2) No special primary or special election shall be held in 1965 to elect Representatives for Representative Districts 112, 116 and 123, as such Districts are constituted in Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, and the members of the House of Representatives apportionment of the membership of the House of Representatives, as who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Representatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the Session of the General Assembly which convenes in 1967.
(3) No special primary or special election shall be held in 1965 to elect Representatives for Representative Districts 13, 16, 79, 95 and 109, as such Districts are constituted in Code Section 47-101, relating to the apportionment of the membership of the House of Representa tives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, and the members of the House of Representatives who were elected for the 1965-66 term from the coun ties now comprising such Districts, shall be Representatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967. Provided, however, the one Rpresentative al lotted to each of the aforesaid Districts over and above the number of Representatives which were allotted to each of the counties now com prising each such District under Code Section 47-101 as it existed prior to its being amended by the aforesaid Act of 1965, shall be elected.
(4) No special primary or special election shall be held in 1965 to elect Representatives for any Representative District which, as con stituted in Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended by an Act (HB 367) passed at the 1965 Regular Session of the General Assembly, contains more than one county and which is allotted the same number of Representatives which the counties now comprising said District were allotted in the aggregate under Code Section 47-101 as it existed prior to its being amended by the aforesaid Act of 1965, and the members of the House of Representatives who were elected for the 1965-66 term from the counties now comprising such Districts shall be the Repre sentatives from such Districts and shall continue to serve until their successors are elected and take the oath of office for the session of the General Assembly which convenes in 1967.
BE IT FURTHER RESOLVED that counsel for defendants and for the House of Representatives be requested to present this Resolution to the Court with the request that the Court take the above action.
BE IT FURTHER RESOLVED that counsel request the Court to provide for special primaries and a special election as provided for in HB 580 introduced at the regular 1965 session of the General Assembly.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
2478
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bolton Bowen, J. 0. Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Byrd Caldwell Carr Chandler Clarke, H. G. Collins, J. F. Collins, M.
Colwell
Crowe
Dailey Dean
DeVane
Dickinson
Dixon
Dorminy
Doster
Duncan, V. W. Dunwody
Etheridge
Farrar
Floyd Gary
Grahl
Griffin
Hale Harrell
Harrington Harris, J. F. Harris, R. W. Henderson Holder Howell Hudgins Hutchinson Irvin Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Matthews, D. R. Mauldin McCracken
McDaniell
McKemie
McRae
Melton
Merritt Milhollin
Minge
Mitchell
Mixon
Moate Moore, Don C.
Moore, J. H.
Moses NeSmith, J. D.
Nessmith, P. Newton, A. S. Newton, D. L.
Odom
Oglesby
Otwell Overby Page Paris Parker Perry Peterson Phillips, G. S Phillips, L. L Pickard Pope Poss Potts Rainey Reaves Reid Richardson Roberts Rowland Russell Savage Sewell Shea Simpson Singer Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T Snow Spikes Spillers Stalnaker
Steis
Story Strickland
Sweat
Tabb Tucker, Ray M.
Underwood Vaughn, C. R. Vaughan, D. N.
Walker
Ware
Watson
Wells Wiggins Williams, G. J. Williams, W . M.
FRIDAY, MARCH 12, 1965
2479
Those voting in the negative were Messrs.:
Conger Evans Jones, G. Paul
Jordan, Ben C. Lee, G. B. Ross
Simkins Wright
Those not voting were Messrs.:
Branch Bynum Clark, J. T. Coker, G., Dr. Coker, R. Conner Davis DeLoach Dollar Duncan, A. C. Flynt Fulford Griffis Hall Herndon
Houston Hull Jessup Jones, C. M. Kelly Knight, D. W. Lovett Mauney McClelland Murphy Pafford Rhodes Rodgers, H. B. Rogers, Jimmie Roper
Rush Shuman Simmons Smith, A. B. Smith, Chas. C. Thomas Thomason Tidwell Tucker, J. B. Watkins White Wilson Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 152, nays 8.
The Resolution, having received the requisite constitutional majority, was adopted.
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 34. By Messrs. Matthews of Clarke, Newton of Colquitt and others:
A Bill to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services; and for other purposes.
HB 558. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter and others:
A Bill to provide for the covering, filling or otherwise making safe abandoned open wells or holes; and for other purposes.
2480
JOURNAL OF THE HOUSE,
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, and others:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children services, and for other purposes.
The following Senate amendments were read:
Broun of 46th moves to amend HB 34 as follows:
By adding a new subsection at the end of Section 15 to be known as Subsection (c) to read as follows:
"(c) Prior to April 1, 1965, the Director of the State Depart ment of Family and Children Services shall forward to the govern ing authorities of the several counties of this State a copy of this Act, and prior to June 1, 1965, the governing authority of each county of the State shall notify the Director of the State Depart ment of Family and Children Services in writing whether or not the county employees of the State Department of Family and Children Services in such county shall be included in the Health Insurance Plan established pursuant to the provisions of this Act. In the event the governing authority of any such county shall fail to notify the Director of the State Department of Family and Children Services in writing whether or not such county employees of the State Department of Family and Children Services in such county shall be included in the Health Insurance Plan established pursuant to the provisions of this Act, it shall be conclusively presumed that the governing authority of such county shall have elected not to include the county employees of the State Department of Family and Children Services of such county in the Health Insurance Plan established pursuant to the provisions of this Act."
Hall of the 52nd moves to amend HB 34 as follows:
By renumbering Section 16 as Section 17; and
By inserting a new Section 16 to read as follows:
"Section 16.. The provisions of this Act shall not become effec tive until the funds necessary to carry out the provisions of this Act have been appropriated to the State Department of Family and Children Services by the General Assembly of Georgia."
Mr. Matthews of Clarke moved that the House agree to the Senate amend ments.
FRIDAY, MARCH 12, 1965
2481
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 Bagby Balkcom Ballard Barber Beck Bedgood Black Blair Blalock Bowen, R. L. Brackin Brantley Brinkley Brooks, Geo. B. Brown, Gene Byrd Caldwell Chandler Clarke, H. G. Collins, J. P. Collins, M. Colwell Conger Crowe Dailey Dean DeVane Dickinson Dixon Dollar Duncan, V. W. Dunwody Ethridge Farrar Floyd Gary Grahl Harrington Harris, J. F. Harris, J. R. Harris, R. W. Henderson
Holder Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S.
Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben C. Jordan, W. H. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. J. (Bill) Leonard Lewis, E. B. Lewis, P. B. Looper Lowrey Luke Maddox Marshall Matthews, C. Mauldin Mauney McClelland McKemie McRae Melton Merritt Milhollin Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. NeSmith, J. D. Nessmith, P.
Odom
Oglesby Overby Page Paris Perry Pickard Poss Potts Reaves Reid Richardson Roberts Rodgers, H. B. Roper Ross Rowland Russell Savage Sewell Shea Simkins Singer Smith, J. R. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Sweat Tabb Tucker, Ray M. Underwood Vaughn, C. R. Vaughan, D. N. Ware Watkins Wells Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Voting in the negative was Mr. Walker.
2482
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Bolton Bowen, 3. O. Branch Brooks, Wilson Brown, M. P. Bynum Carr Clark, J. T. Coker, G., Dr. Coker, R. Conner Davis DeLoach Dorminy Doster Duncan, A. C. Evans Flynt Fulford Griffin Griffis
Hale Hall Harrell Herndon Houston Hull, 3. M. Jones, G. Paul Kelly Knight, D. W. Lovett Matthews, D. R. McCracken McDaniell Moses Murphy Newton, A. S. Newton, D. L. Otwell Pafford Parker Peterson Phillips, G. S.
Phillips, L. L. Pope Rainey Rhodes Rogers, Jimmie Rush Shuman Simmons Simpson Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Thomas Thomason Tidwell Tucker, J. B. Watson White Wilson Mr. Speaker
On the motion to agree, the ayes were 137, nays 1.
The House has agreed to the Senate amendments to HB 34.
The following bill of the House was taken up for the purpose of appointing second Committee of Conference.
HB 568. By Messrs. Bynum of Rabun, Mathews of Clarke and others: A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the judges of the Superior Courts, and for other purposes.
The Speaker appointed as a second Committee of Conference the following members:
Messrs. Lee of Clayton, Brooks of Fulton and Paris of Barrow.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendment thereto:
FRIDAY, MARCH 12, 1965
2483
HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and others: A Bill to be entitled an Act to amend an Act entitled the State Proper ties Control Code, so as to provide that a lease instrument transmitted to each House of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings in each House, and for other purposes.
The following Senate amendment was read:
Loggins of the 63rd moves to amend HB 272 as follows: By inserting in the Title before the repealer clause the following:
"to further define said Commission's powers, duties, and pro cedures, including removing said Commission from the provisions of the Act known as the 'Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended;".
By adding at the end of Section 3 immediately before the last period the following:
"and by adding at the end thereof the following:
'(1) The State Properties Control Commission shall not be subject to the provisions of the Act known as the "Georgia Ad ministrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.' "
Mr. Chandler of Baldwin 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 Alien Anderson Ballard Barber Beck Black Blair Blalock Brinkley Brooks, Geo. B. Brown, Gene
Byrd Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Collins, M. Colwell Conger DeVane Dickinson Dixon
Dollar Doster Duncan, V. W. Dunwody Etheridge Farrar Gary Grahl Harrell Harrington Harris, J. R. Henderson Houston
2484
Hudgins Hutchinson Jessup Jones, F. C. Jones, M. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Lewis, E. B. Looper Lowrey Luke Maddox Marshall Mauldin Mauney McRae Merritt Milhollin
JOURNAL OF THE HOUSE,
Minge Mitchell Mixon Moore, Don C. Moses NeSmith, J. D. Nessmith, P. Odom Oglesby Overby Page Perry Peterson Phillips, L. L. Potts Reaves Reid Rodgers, H. B. Rowland Russell Savage Sewell Shea
Simkins Simpson Singer Smith, Chas. C. Smith, J. R. Snow Spillers Stalnaker Steis Story Strickland Sweat Tabb Tucker, J. B. Underwood Watkins Watson Wiggins Williams, G. J. Williams, W. M. Wilson Woodward
Those voting in the negative were Messrs.:
Floyd Jordan, Ben C.
McDaniell Tucker, Ray M.
Walker
Those not voting were Messrs.:
Arnsdorff Bagby Balkcom Bedgood Bolton Bowen, J. O. Bowen, R. L. Brackin Branch Brantley Brooks, Wilson Brown, M. P. Busbee Bynum Caldwell Coker, R. Conner Crowe Dailey Davis Dean DeLoach
Dorminy Duncan, A. C. Evans Flynt Fulford Griffin Griffis Hale Hall Harris, J. F. Harris, R. W. Herndon Holder Howell Hull Irvin Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly
Knight, D. W. Lee, W. J. (Bill) Lewis, P. B. Lovett Matthews, C. Matthews, D. R. McClelland McCracken McKemie Melton Moate Moore, J. H. Murphy Newton, A. S. Newton, D. L. Otwell Pafford Paris Parker Phillips, G. S. Pickard Pope
Poss Rainey Rhodes Roberts Rogers, Jimmie Roper Ross Rush Shuman
FRIDAY, MARCH 12, 1965
Simmons Smith, A. B. Smith, E. B., Jr. Smith, G. L. II Smith, V. T. Spikes Thomas Thomason Tidwell
2485
Vaughn, C. R. Vaughan, D. N. Ware Wells White Wright Mr. Speaker
On the motion to agree, the ayes were 108, nays 5.
The House has agreed to the Senate amendment to HB 272.
HB 558. By Mrs. Merritt of Sumter, Mr. Blair of Sumter and others: A Bill to be entitled an Act to provide for the covering, filling or other wise making safe abandoned open wells or holes, and for other purposes.
The following Senate amendment was read:
The Judiciary Committee moves to amend Section 1 of HB 558 as follows:
(a) By striking the words "governmental authority" on line 4 and inserting in lieu thereof the words "official governing authority."
(b) By striking the word "sheriff" in each and every place where the same appears and inserting in lieu thereof the phrase "official governing authority."
(c) By striking the word "his" in line 7 and inserting in lieu therethereof the word "the."
Mrs. Merritt of Sumter 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 Balkcom
Ballard Barber Beck Black Blair
Blalock Bolton Bowen, J. O. Brackin Brinkley
2486
JOURNAL OP THE HOUSE,
Brooks, Geo. B. Brown, Gene Byrd Clark, J. T. Clarke, H. G. Coker, G., Dr. Collins, J. F. Colwell Conger Dailey BeVane Dickinson Dollar Dorminy Doster Duncan, V. W. Dunwody Ethridge Farrar Grahl Hale Harrell Harris, J. F. Harris, J. R. Harris, R. W. Howell Hudgins Hutchinson Irvin Jessup Johnson, Dr. A. S. Johnson, B. Jones, F. C. Jones, M. Jordan, Ben C. Laite
Lambert Lane Lee, F. S. Lee, G. B. Lewis, E. B. Looper Lowrey Luke Maddox Marshall Mauldin Mauney McClelland McCracken McDaniell McKemie McRae Melton Merritt Minge Mitchell Mixon Moate Moore, Don C. Moore, J. H. Moses NeSmith, J. D. Nessmith, P. Oglesby Otwell Overby Page Parker Perry Peterson Phillips, L. L.
Pickard Pope Poss Potts Reaves Reid Richardson Rodgers, H. B. Ross Rowland Savage Sewell Shea Simkins Simpson Singer Snow Spillers Stalnaker Steis Story Strickland Tabb Thomason Tucker, J. B. Underwood Vaughan, D. N. Watkins Watson Wiggins Williams, G. J. Williams, W. M. Woodward Wright
Those not voting were Messrs.:
Arnsdorff Bagby Bedgood Bowen, R. L. Branch Brantley Brooks, Wilson Brownl M. P. Busbee Bynum Caldwell Carr Chandler Coker, R. Collins, M.
Conner Crowe, W. J. Davis Dean Deloach Dixon Duncan, A. C. Evans Floyd Flynt Fulford Gary Griffin Griffis Hall
Harrington Henderson Herndon Holder Houston Hull Jones, C. M. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Knight, W. D. Lee, W. J. (Bill) Leonard Lewis, P. B.
Lovett Matthews, C. Matthews, D. R. Milhollin Murphy Newton, A. S. Newton, D. L. Odom Pafford Paris Phillips, G. S. Rainey Rhodes
FRIDAY, MARCH 12, 1965
Rogers, Jimmie Roper Rush Russell Shuman Simmons Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, G. L. II Smith, J. R. Smith, V. T. Spikes
2487
Sweat Thomas Tidwell Tucker, Ray M. Vaughn, C. R. Walker Ware Wells White Wilson Mr. Speaker
On the motion to agree, the ayes were 121, nays 0.
The House agreed to the Senate amendment HB 558.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and re spectfully asks that a committee of Conference be appointed:
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee and others:
A Bill to amend Code Title 53, known as "Husband and Wife," so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Fincher of the 51st, Kidd of the 25th and Loggins of the 53rd.
The Senate has discharged the Committee of Conference and appointed a second Committee of Conference on the following Bill of the House:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others: A Bill to fix the salaries of the Judges of the Supreme Courts, so as to change the salaries of the judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes.
2488
JOURNAL OF THE HOUSE,
The President has appointed as a second Committee of Conference on the part of the Senate Senators Holley of the 22nd, Rowan of the 8th and Edenfield of the 4th.
Mr. Jones of Muscogee moved that the House insists on its position on the following Bill of the House and requests that a Committee of Conference be appointed.
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee and others:
A Bill to be entitled an Act to amend Code Title 53, known as the "Husband and Wife," so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage fe male is pregnant, and for other purposes.
The motion prevailed and the Speaker appointed the following members as a Committee of Conference on the part of the House:
Messrs. Jones of Muscogee, Wilson of Brantley and Clarke of Catoosa.
The following Bills of the House were taken up for the purpose of consider ing the report of the Conference Committees thereon:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and others: A Bill to be entitled an Act to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts, and for other purposes.
The following Conference Committee report was read:
CONFERENCE COMMITTEE REPORT ON HB 568
The conference committee on HB 568 adopts the following report:
That the Senate recede from its position.
Respectfully submitted, For the Senate: Rowan of 8th Holley of 22nd Edenfield of 4th For the House: Brooks of Fulton Lee of Clayton Paris of Barrow
FRIDAY, MARCH 12, 1965
2489
Mr. Brooks of Fulton moved that the House adopt the report of the Com mittee of Conference.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.
Abney
Alien
Anderson Bagby Balkcom Barber Beck Bedgood Black Blalock Bowen, J. O. Bowen, R. L. Brinkley Brooks, Geo. B. Brooks, Wilson Busbee Bynum Byrd Caldwell Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Colwell Conger Dailey Dean Deloach DeVane Dorminy Duncan, V. W. Dunwody Evans Farrar Grahl Griffis Harrington Harris, J. R.
Henderson Howell Hudgins Hutchinson Jessup Johnson, Dr. A. S. Johnson, B. Jones, C. M. Jones, F. C. Jones, M. Knight, D. W. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Leonard Looper Luke Marshall Matthews, C. Mauldin McCracken McDaniell McKemie McRae Mitchell Mixon Moate Moses NeSmith, J. D. Odom Otwell Overby Page Paris Perry Peterson
Phillips, L. L. Pickard Pope Potts Reid Rhodes Richardson Roberts Rogers, Jimmie Ross Rowland Rush Savage Sewell Shea Singer Smith, A. B. Smith, Chas. C. Smith, E. B., Jr. Smith, V. T. Snow Spikes Spillers Stalnaker Steis Story Strickland Tabb Tidwsll Tucker, J. B. Underwood Vaughn, C. R. Ware Watkins Watson Wiggins Williams, W. M. Woodward Wright
Those voting in the negative were Messrs.:
Coker, R. Collins, J. F. Dickinson
Dollar Harris, J. F. Jordan, Ben C.
Moore, J. H. Vaughan, D. N.
2490
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Arnsdorff Ballard Blair Bolton Brackin Branch Brantley Brown, Gene Brown, M. P. Collins, M. Conner Crowe Davis Dixon Doster Duncan, A. C. Ethridge Floyd Flynt Fulford Gary Griffin Hale Hall Harrell Harris, R. W.
Herndon Holder Houston Hull Irvin Jones, G. Paul Jordan, W. H. Kelly Lee, W. J. (Bill) Lewis, E. B. Lewis, P. M. Lovett Lowrey Maddox Matthews, D. R. Mauney McClelland Melton Merritt Milhollin Minge Moore, Don C. Murphy Nessmith, P. Newton, A. S. Newton, D. L. Oglesby
Pafford Parker Phillips, G. S. Poss Rainey Reaves Rodgers, H. B. Roper Russell Shuman Simkins Simmons Simpson Smith, G. L. II Smith, J. R. Sweat Thomas Thomason Tucker, Ray M. Walker Wells White Williams, G. J. Williams, W. M. Wilson Mr. Speaker
On the motion to adopt the report of the Conference Committee, the ayes were 177, nays 8.
The Conference Committee Report on HB 568 was adopted.
Mrs. Merritt and Mr. Blair of Sumter said that they would like to be recorded as voting "Aye."
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee and others:
A bill to be entitled an Act to amend Code Title 53, known as "Husband and Wife," so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating an underage female is preg nant and for other purposes.
The following report of the Conference Committee was read:
FRIDAY, MARCH 12, 1965
2491
COMMITTEE OF CONFERENCE REPORT
Mr. President:
Mr. Speaker:
Pursuant to the purpose for which appointed, the undersigned majority of your Committee of Conference on HB 279 submits the follow ing report:
1. That the House recede from its postiion on HB 279.
2. That the House and Senate adopt the Senate Substitute for House Bill 279.
This 12th day of March, 1965.
Loggins of the 53rd Fincher of the 51st Kidd of the 25th Clark of Catoosa
We the undersigned hereby disagree with the majority report. Wilson of Brantley Jones of Muscogee
Mr. Jones of Muscogee moved that the House adopt the report of the Com mittee on Conference.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Bagby Balkcom Ballard Beck Bedgood Black Bolton
Bowen, J. O. Brantley Brinkley Brooke, Geo. B. Brooks, Wilson Brown, Gene Brown, M. P. Busbee Bynum Caldwell
Carr Chandler Clark, J. T. Clarke, H. G. Coker, G., Dr. Conner Dailey Dean DeVane Dickinson
2492
JOURNAL OF THE HOUSE,
Dixon Dorminy Duncan, A. C. Duncan, V. W. Dunwody Evans Farrar Gary Grahl Hale Harrell Harrington Harris, J. F. Harris, J. R. Henderson Hudgins Hutchinson Johnson, Dr. A. S. Jones, C. M. Jones, F. C. Jones, M. Jordan, Ben. C. Knight, W. D. Laite Lambert Lane Lee, F. S. Lee, G. B. Lee, W. L. (Bill) Lewis, E. B. Lowery
Luke Maddox Marshall Matthews, C. Mauldin McDaniell McRae Melton Milhollin Minge Mitchell Mixon NeSmith, J. D. Nessmith, P. Newton, A. S. Newton, D. L. Odom Oglesby Overby Page Paris Parker Perry Pope Potts Rainey Reaves Reid Rhodes Richardson Roberts
Rodgers, H. B. Rogers, Jimmie Rowland Russell Savage Sewell Shea Simkins Singer Smith, Chas. C. Smith, E. B., Jr. Smith, J. R. Smith, V. T. Snow Stalnaker Steis Story Strickland Sweat Tabb Tucker, J. B. Tucker, Ray M. Underwood Vaughan, D. N. Watkins Wells Wiggins Williams, C. J. Woodward Wright
Thosa voting in the negative were Messrs.:
Barber Colwell Conger Dollar Harris, R. W.
Houston Howell Leonard Looper Moses
Peterson Phillips, L. L. Poss Williams, W. M. Wilson
Those not voting were Messrs.:
Acree Arnsdorff Blair Blalock Bowen, R. L. Brackin Branch Byrd Coker, R. Collins, J. F. Collins, M.
Crowe Davis Deloach Doster Ethridge Floyd Flynt
Fulford Griffin Griffis Hall
Herndon Holder Hull Irvin Jessup Johnson, B. Jones, G. Paul Jordan, W. H. Kelly Knight, D. W. Lewis, P. B.
Lovett Matthews, D. R. Mauney McClelland McCracken McKemie Merritt Moate Moore, Don C. Moore, J. H. Murphy
FRIDAY, MARCH 12, 1965
Otwell Pafford Phillips, G. S. Pickard Roper Ross Rush Shuman Simmons Simpson Smith, A. B.
2493
Smith, G. L. II Spikes Spillers Thomas Thomason Tidwell Vaughn, C. R. Walker Ware White Mr. Speaker
On the motion to adopt the report of the Committee on Conference, the ayes were 123, nays 15.
The Conference Committee report of HB 279 was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke and Coker of Cherokee: A Bill to change the salaries of the Judges of the Superior Court; to provide the salaries will be increased according to per capita State in come; 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 45. By Messrs. Bolton of Spalding and Chandler of Baldwin:
A Bill to amend an Act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes.
2494
JOURNAL OF THE HOUSE,
HB 65. By Mr. Conner of Jeff Davis:
A Bill to amend Code Section 56-618, relating to the licensing require ments for surplus line brokers, so as to increase the bond required of the broker; and for other purposes.
HB 90. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend an Act providing for the regulation of the sale of securities in this state, so as to fix the fee of the Commissioner of Securties for accepting service of process as an agent for a person exe cuting a consent to service of process under the provisions of the Act; and for other purposes.
HB 93. By Messrs. Steis of Harris, Harris of DeKalb and others:
A bill to amend Chapter 68-6 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers", so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for non-resident motor common carrier; and for other purposes.
HB 95. By Messrs. Steis of Harris, Harris of DeKalb and others:
A Bill to amend an Act authorizing certain foreign corporations, in cluding banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corpora tion; and for other purposes.
HB 102. By Messrs. Smith of Grady, Bolton of Spalding and others: A Bill to amend an Act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes.
HB 104. By Messrs. Smith of Grady, Bolton of Spalding, and others: A Bill to amend Chapter 92-33 of the Code of Georgia of 1933 relating to payment, deficiencies, assessment and collection of the income tax, so as to clarify Sec. 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes.
HB 290. By Messrs. Smith of Grady and Haralson of Murphy: A Bill to amend Code Sec. 91-103-A, relating to the creation of the
FRIDAY, MARCH 12, 1965
2495
"State Real Properties Control Commission", so as to provide for bi ennial elections of a member of the House of Representatives and a member of the Senate to said Commission; and for other purposes.
HB 395. By Messrs. Harris and Farrar of DeKalb:
A Bill to amend an Act placing the solicitor general of the Stone Moun tain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor general; and for other purposes.
HB 413. By Messrs. Griffis of Cook and Colwell of Union:
A Bill to amend an Act entitled "An Act to authorize the State High way Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connetcion therewith", so as to authorize the State Highway Depart ment to construct and maintain airports and landing facilities; and for other purposes.
HB 422. By Messrs. Newton of Colquitt, Lowrey of Floyd and others:
A Bill to repeal an Act entitled "An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat"; and for other purposes.
HB 433. By Mr. Hull of Richmond:
A Bill to amend an Act known as the Building and Loan Act, by pro viding that a State chartered Association shall be local if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100 miles from such Association's Home Office; and for other purposes.
HB 416. By Mr. Singer of Stewart:
A Bill to place the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes.
HB 468. By Mr. Conger of Decatur:
A Bill to provide for the organization and creation of a statewide busi ness development corporation or corporations; and for other purposes.
2496
JOURNAL OF THE HOUSE,
HB 474. By Messrs. Duncan, McDaniell and Jordan of Cobb:
A Bill to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, so as to authorize the judges of said judicial circuit to employ two full time official court reporters and fix their compensation within certain limitations; and for other purposes.
HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray:
A Bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said Judicial Circuit; and for other purposes.
HB 512. By Messrs, Steis of Harris and Dean of Polk:
A Bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.
HB 525. By Mr. Brooks of Fulton:
A Bill to amend an Act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry; and for other purposes.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to amend Code Sections 92-2401, 92-2405 relations to the impo sitions, assessment, reporting and collections of the annual license or occupation tax on corporations so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for income tax; and for other purposes.
HB 600. By Messrs. Harris of DeKalb and Dixon of Ware:
A Bill to amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes.
HB 693. By Mr. Perry of Marion:
A Bill to abolish the present mode of compensating the sheriff of Marion County, known as the fee system; and for other purposes.
FRIDAY, MARCH 12, 1965
2497
HB 700. By Mr. Dean of Polk:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes.
HB 588. By Mr. Brooks of Fulton:
A Bill to amend an Act creating a new charter for the City of Alpharetta, so as to change the corporate limits of said city; and for other purposes.
!IB 680. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point, so as to change the city limits of said City; and for other purposes.
HB 685. By Mr. Balkcom of Quitman:
A Bill to provide that the grand jury in selecting the members of the board of education of Quitman County may select two or more members from the same militia district within Quitman County; and for other purposes.
HB 686. By Mr. Murphy of Haralson:
A Bill to amend an Act authorizing the City of Tallapoosa to establish and maintain a public school system, so as to authorize an additional tax for school purposes for the 1965 tax year; and for other purposes.
HB 687. By Messrs. Story and Watson of Gwinnett:
A Bill to amend an Act establishing the City Court of Gwinnett County and defining its jurisdiction and powers, so as to change the name of said court; and for other purposes.
HB 688. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to amend an Act providing compensation for the Treasurer of Lee County in lieu of commissions allowed by law, so as to change the compensation of the Treasurer; and for other purposes.
HB 689. By Messrs. Hall of Lee and Busbee of Dougherty:
A Bill to abolish the present mode of compensating the Ordinary of Lee County known as the fee system supplemented by a salary; and for other purposes.
2498
JOURNAL OF THE HOUSE,
HB 690. By Mr. Jordan of Calhoun:
A Bill to abolish the present mode of compenstaing the sheriff of Calhoun County, known as the fee system; and for other purposes.
HB 691. By Messrs. Richardson, Shea and Sewell of Chatham:
A Bill to amend an Act incorporating the Town of Vernonburg, so as to provide for an additional Commissioner; and for other purposes.
HB 694. By Messrs. Dollar and Conger of Decatur:
A Bill creating a Small Claims Court in Decatur County; and for other purposes.
HB 695. By Mr. Tucker of Catoosa:
A Bill to amend an Act creating and establishing a new charter for the City of Ringogld in the County of Catoosa, so as to authorize the City of Ringgold to extend the water works and sewerage systems with out the limits of the said City; and for other purposes.
HB 696. By Messrs. Simkins, Luke and Hull of Richmond:
A Bill to amend an Act authorizing certain counties in this State to establish and maintain law libraries for the use of judges, solicitors and other officers of the courts of said counties, so as to change the population specifications of covntles where it is applicable; and for other purposes.
HB 702. By Messrs. Snow and Abney of Walker:
A Bill to amend the Charter of the City of Rossville, so as to change and enlarge the corporate limits of said City; and for other purposes.
HB 703. By Messrs. Bynum of Rabun, Irvin of Habersham and others:
A Bill to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases, so as to increase the compensation of the court reporters; and for other purposes.
HR 43-84. By Messrs. Harris and Smith of Glynn:
A Resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes.
FRIDAY, MARCH 12, 1965
2499
HR 52-99. By Messrs. Bolton and Melton of Spalding:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes.
HR 58-107. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to ratify the Executive Order of the Governor, suspending the collection of income tax attributable to the disallowance of the use of any method of depreciation on returns of income for certain taxable years until the next meeting of the General Assembly; and for other purposes.
HR 85-112. By Mr. Perry of Marion:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Marion County by the people; and for other purposes.
HR 126. By Messrs. Lane of Bulloch, Russell of Thomas and others:
A Resolution requesting Congress to continue in full force and effect certain provisions of the Taft-Hartley Act; and for other purposes.
HR 179. By Mr. Mauney of White:
A Resolution congratulating Honorable Charles N. Maloof; and for other purposes.
HR 213-569. By Mr. Fulford of Terrell:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school super intendent of Terrell County by the board of education of Terrell County; and for other purposes.
HR 223-600. By Mr. Rhodes of Baker:
A Resolution proposing an amendment to the Constitution so as to create the Baker County Industrial Development Authority; and for other purposes.
HR 235-652. By Mr. DeLoach of Echols:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of members of the Echols County Board of Education on a district basis; and for other purposes.
2500
JOURNAL OF THE HOUSE,
HR 236-654. By Mr. Tabb of Miller:
A Resolution proposing an amendment to the Constitution so as to create the Miller County Development Authority; and for other purposes.
HR 258-703. By Mr. Tidwell of Crawford:
A Resolution proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Crawford County by the Crawford County board of education; and for other purposes.
HR 307. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution relative to adjournment of the General Assembly; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
SB 63. By Senator Jackson of the 16th:
A Bill to provide that no member of train, yard or engine crew of a rail road shall be held responsible or found guilty of violating State laws or municipal ordinances regulating the occupying or blocking of street, road or highway crossing-at-grade; and for other purposes.
The Senate has adopted by the requisite constitutional majority the report of the Conference Committee on the following Bill of the House.
HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, Merritt and Blair of Sumter, Lovett of Laurens, Williams of Coffee and Barber of Jackson:
A Bill to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes.
The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 96. By Senator Ballew of the 50th:
A Resolution to create an interim committee to study the feasibility of establishing old courthouse in White County as a historical monument or State Park; and for other purposes.
FRIDAY, MARCH 12, 1965
2501
The Senate has adopted the report of the Conference Committee on the fol lowing Bill of the Senate to-wit:
SB 150. By Senators Hall of the 52nd and Smalley of the 28th:
A Bill to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health; and for other purposes.
Under the provisions of HR 307, the speaker announced the House adjourned sine die at 11:35 o'clock p.m.
The following Interim Committee reports were received:
REPORT OF THE COMMITTEE TO STUDY MAINTENANCE, UPKEEP AND CONDITIONS OF STATE PARKS PROPERTY IN NORTH GEORGIA
(House Resolution No. 558)
Mr. Speaker, your Committee to study maintenance, upkeep and conditions of State parks property in North Georgia wishes to submit the following report:
The Committee assembled at 11:00 a.m. at Red Top Mountain State Park near Cartersville on November 9tli, During the remainder of that day and the following four days we visited Cloudland Canyon State Park, Fort Mountain State Park, Amicaiola Falls State Park, Vog-el State Park, Unicoi State Park, Black Rock Mountain State Park, Bobby Brown State Park, Proposed Tugaloo State Park area, Elijah Clark State Park, Alexander H. Stephens State Park and Hard Labor Creek State Park.
The Committee wishes to state that the overall housekeeping appearance of the parks visited is very satisfactory, the attitude of the personnel is very good, the buildings in excellent condition and the general appearance of the parks is very good. The Committee finds that the superintendents of parks, without exception, are very devoted to their work, have the parks system at heart and are doing a good job. Many of the superintendents' wives are very active in helping carry out the duties of the park management.
We find that an unlimited amount of work is needed on every park by manual labor and much of this could be done by prison labor. We recommend increased cooperation between the Parks Department and the Department of Corrections in using additional prison labor as much as possible and so long as it does not interfere with private enterprise.
2502
JOURNAL OP THE HOUSE,
We find many roads on the parks in need of grading as well as paving. Many dirt roads would be sufficient if kept up. We recommend increased co operation between the Highway Department and the Parks Department in paving, maintaining and improving the roads in the parks system.
The Committee found that the parks were lacking in highway advertising along the main highways leading to the parks throughout North Georgia. Many parks had absolutely no signs visible until arriving at park property. We recommend that directional signs and highway advertising be erected along all main highways near our parks throughout Georgia, thus enabling tourists and visitors to find (discover) our parks. We further recommend increased coopera tion betwen the Department of Industry and Trade and the Parks Department in better promoting our parks.
Many parks are lacking in playground equipment for our children. The Committee feels that additional equipment of this type will help to fully utilize the parks by family gatherings, school and church groups--especially during the off season.
The Committee recommends that a Reversionary Clause be attached to any agreement between the Parks Department (State of Georgia) and the Federal government in the developing of Unicoi State Park as in the plans of the University of Georgia and Dr. Hugh Masters with the $8 Million grant from the Federal government. We very definitely feel this park should be placed back in the Parks System of Georgia when this program is completed, terminated or abandoned.
We recommend that the Parks Department and State of Georgia secure all parks that are obtained under a lease agreement for a period of 50 years or more so that full advantage can be taken of bond programs, Federal grants, matching funds, etc.--this is not the case under shorter term leased properties and has kept some parks from being able to receive any aid under the present $2,300,000 Authority Bond Program now in use.
We commend the Game and Pish Department and the Forestry Department for their cooperation with the Parks Department in promoting their individual programs to the best interest of the people of Georgia and recommend that the Game and Fish Department take over full operation of stocking and fertilizing all lakes on the parks property.
We find that overnight tent camping on state parks is growing at an un heard-of rate and that our parks are in need of many more comfort stations and tent camp areas. We recommend that special emphasis be placed on ex panding these facilities. More and more families are taking their vacations traveling by tent camping and according to statistics every tent camping family spends $7 per day while in the area.
FRIDAY, MARCH 12, 1965
2503
We find that some State parks have historical significance but no recreation or playground areas, and, therefore, are not adaptable to the parks program or theme. We feel these parks are more adaptable to the historical theme of the State of Georgia and not the theme of the State parks. We recommend that all parks with only museums and exhibits, without proper acreage and natural terrain be turned over to the Georgia Historical Commission where their use and promotion can be taken full advantage of for the best benefit of the people of Georgia.
We find that on some occasions, the Parks Department has in the past taken in small acreage tracts not adaptable to parks use. We recommend that no more properties be taken in and designated as State parks unless the acreage is sufficient and the natural outlay of the land is such that the property can be developed into a State park. We feel any property taken should have avail able water, timber and scenic beauty for further development.
We find that master plans for each park has been set up under the guidance of the Director, Horace Caldwell, for the first time since the Parks Department came into being, that for the first time our parks have a long range plan, a theme and are now ready to go about a long overdue expansion program as soon as funds are available. We commend Horace Caldwell, Henry Struble, John Gordon, Jeff Naugle and the other personnel of the Parks Department for their devoted efforts preparing the long range plan.
Members of this Committee realize that during their tenure as members of the General Assembly of Georgia, the Parks Department has been a political football and a scapegoal as compared with the other divisions of state govern ment.
It is realized by this Committee that the Parks Department and the parks themselves are in their infant stage so far as their development is concerned. It is noted that we have 38 thousand acres worth several millions of dollars suitable for parks, but it is unusable so far as the citizens of this State are concerned. This Committee believes that if additional funds are made available for capital improvments through bond issue, the parks will become self-sustaining and all borrowed money will be liquidated.
It is the thought of this Committee that as soon as possible and as soon as feasible, this Department should be a self-sustaining organization and that we will give to the people of this State reasonable service at a reasonable cost.
It is not our intention to use this money but for one reason and one reason alone, and that is to see that our resources on hand are fully developed for the people of our State.
2504
JOURNAL OF THE HOUSE,
It is with these thoughts and in this spirit that we recommend an additional $2.3 million bond issue for capital improvements to be placed on those parks that are owned outright by the State of Georgia or those parks on which wa can ob tain a 50-year lease.
Mr. Speaker, we find the North Georgia State Parks in good order; we feel that much has to be done to these parks if we are to continue to serve the recreational needs of our citizens. We would like to again thank each member of the Parks Department for their efforts, the counties, cities and communities in which we visited for their warm receptions, the local press and radio in the many communities we visilted for their publicity.
Mr. Speaker, we offer this as your Committee to Inspect North Georgia State Parks.
Respectfully submitted,
Howard Rainey, Chairman Representative, Crisp County
Colquitt H. Odom Representative, Dougherty County
Waldo Henderson Representative, Atkinson County
George J. Williams Representative, Coffee County
Grover B. Lee Representative, Clinch County
Hoke S. Wilson Representative, Brantley County
January 4, 1965
To the Governor, the Lieutenant Governor, the Speaker of the House, and members of the General Assembly:
Pursuant to Senator Resolution 64 adopted in the 1963 regular session, the Governor's Commission for Scientific Research and Development has been active and has carried out its mission.
It is a pleasure to submit herewith the final report of the Commission. Additional copies have been deposited with the Office of Legislative Counsel and will be available at your request.
Sincerely,
H. M. Conway, Jr.
FRIDAY, MARCH 12, 1965
2505
REPORT OF THE GOVERNOR'S COMMISSION FOR SCIENTIFIC RESEARCH AND DEVELOPMENT ACKNOWLEDGMENTS
The Governor's Commission for Scientific Research and Development (here after identified GCSRD) is grateful for the cooperation extended during its period of operation by many individuals and organizations. No attempt will be made to list the more than 200 individuals who have contributed ideas either by correspondence or through attendance at public hearings or other sessions.
The Commission does wish, however, to recognize the particularly valuable assistance rendered by the Office of Legislative Counsel. The Commission also wishes to thank the following institutions and organizations which were hosts for one or more meetings of the Commission and which opened their research facilities to inspection by Commission members: Georgia Institute of Technology, The University of Georgia, Georgia State College, Emory University, the U. S. Communicable Disease Center, Lockheed-Georgia Company, Scientific Atlanta, Southern Bell Telephone, and Conway Research, Inc.
BACKGROUND FOR THIS REPORT
Georgia has lagged behind most other states in the advancement of scientific programs, the support of research institutions, and the development of tech nological enterprises. (See Appendix, Exhibits "A" and "B"). This fact is particularly distressing in view of the great opportunities which are unfolding in major science programs at the national level. The abundance of evidence that Georgia is indeed failing to grasp these important new opportunities prompted the introduction of Senate Resolution No. 64 (See Appendix, Exhibit "C") in 1963 to create this study commission.
Section 3 of S.R. 64 charged this Commission as follows:
"The Commission shall conduct studies, research, investigations, and surveys into measures for strengthening Georgia's scientific programs in order to promote more rapid development of technological industries, a greater role for the State in the national Space program, and expansion of basic scientific research in the State. Specifically, the Commission shall recommend steps necessary for Georgia universities and non-profit institu tions to expand contract scientific research activities; to increase Georgia's capabilities for participating in Federally-sponsored scientific research pro grams; to increase Georgia's potential for taking part in similar programs financed by public and private foundations; to encourage the growth of scientific research centers in Georgia; and to promote the establishment of one or more scientific 'research parks' in Georgia. The Commission shall review the activities of those State agencies in the field of science and re lated activities, such as the Georgia Aeronautics and Space Administration, and shall make recommendations aimed at increasing the effectiveness of their programs."
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It is significant that S.R. 64 specified that every member of the study commission should be "... a graduate of a recognized college or university with a degree in a scientific field . . ." and ". . . shall be currently interested in scientific research programs in Georgia". The group named by the Governor included representatives from state and private universities and research in stitutions, private industry, and public affairs, as follows:
Dr. James A. Bain, Division of Basic Health Sciences, Emory University, Atlanta.
Dr. Frederick Bellinger, Engineering Experiment Station, Georgia In stitute of Technology, Atlanta. (At time of appointment, President of the Georgia Academy of Science.)
Dr. James E. Boyd, President, West Georgia College, Carrollton. Senator H. McKinley Conway, Jr., President, Conway Research, Inc., Atlanta.
President S. Craig, Technical Director, Thiokol Chemical Corporation, Brunswick.
J. W. Fanning, Institute of Community and Area Development, Uni versity of Georgia, Athens.
Ben S. Gilmer, President, Southern Bell Telephone & Telegraph Com pany, Atlanta.
Senator Harry C. Jackson, President, Morton Machine Works, Columbus, Georgia.
Dr. W. B. Jones, Jr., School of Electrical Engineering, Georgia Institute of Technology. (At time of appointment, President of the Georgia Section of the Institute of Radio Engineers.)
W. A. Pulver, President, Lockheed-Georgia Company, Marietta. Glen P. Robinson, Jr., President, Scientific Atlanta, Inc., Doraville.
Dr. J. Frank Sutton, Director of Research, Lockheed-Georgia Company, Marietta.
Dr. William G. Trawick, Department of Chemistry, Georgia State Col lege, Atlanta.
Dr. William H. Waggoner, Department of Chemistry, University of Georgia. (At time of appointment, Chairman of the Georgia Section of the American Chemical Society.)
Dr. James L. Goddard, Chief of the U. S. Public Health Service Commun icable Disease Center, was also originally named to be a member of the Com mission, but it was found that he could not accept the state appointment because of his federal appointment. He did, however, consult with the Commission and attended several meetings. At its first meeting, the Governor's Commission on
FRIDAY, MARCH 12, 1965
2507
Scientific Research and Development (hereafter identified in this report as GCSRD) elected Mr. Conway as Chairman, Dr. Boyd as Vice-Chairman, and Dr. Trawick as Secretary.
Immediately upon its activation, the Commission gave careful consideration to the choice of an outside consulting organization to gather data and make detailed analyses. A number of groups were invited to submit proposals; and presentations were made by several of the nation's leading organizations, in cluding Stanford Research Institute, Arthur D. Little, Inc., Spindletop Research, and Midwest Research Institute.
Aft?r weighing all factors the Commission selected Spindleton Research to handle staff studies and investigations. Key consultant working with Spindletop was Dr. Tesse Hobson, an outstanding expert on scientific research programs. Dr. Hobson was the first director of the Stanford Research Institute and led the group during its spectacular growth over a ten-year period.
Having contracted with Spindletop, the Commission directed the consulting group to make an objective study and present its recommendations. The Com mission did not attempt to influence Spindletop in its conclusions, recognizing the inherent value of an impartial, external opinion regarding matters close to some Commission members.
Spindletop's findings were contained in a report entitled: "A Plan to Strengthen and Expand Georgia's Scientific Resources", dated December 16, 1963. This report was promptly released with a covering letter which made it clear that the GCSRD did not necessarily approve all findings. Copies were furnished to the Governor, the Lt. Governor, all members of the General As sembly, and to some 200 other individuals and organizations which had expressed interest.
Because of the substantial interest in the Spindletop report and the farreaching implications of certain findings and recommendations, the Commission scheduled a public hearing in the State Senate chamber on January 21, 1964. In attendance were some 80 representatives of Scientific and professional organiza tions, universities, institutions and business firms.
Governor Sanders, Lt. Governor Geer, and numerous other speakers echoed the need for a stronger state science program. Basic needs suggested by the Spindletop study were confirmed, but there was disagreement regarding some of the specific actions recommended. In particular, representatives of Georgia Tech objected to the Spindletop proposals regarding handling of client-oriented re search.
Following this hearing, the GCSRD decided to give priority to the question of creating a state science agency as proposed by Spindletop and to defer for further study the more involved questions of client-oriented research and re search parks. The Commission discussed the need for a new state science agency at several sessions and agreed upon specific recommendations which were em-
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bodied in Senate Bill 283 (See Appendix, Exhibit "D"). This bill was passed in the 1964 regular session.
S. B. 283 created a Georgia Science and Technology Commission (hereafter identified in this report as GSTC) to serve as a central coordinating unit for a variety of activities. At the same time, the Georgia Nuclear Advisory Com mission was abolished. The Georgia Aeronautics and Space Administration had previously been abolished, and with the termination of the GCSRD in January, 1965. the state will have just one state science agency. The consolidation of activities in one agency with clear-cut responsibility was one of the objectives of the GCSRD and has thus been achieved.
It may also be noted that the GCSRD has supported an effort to identify the Atlanta area as a logical location for bio-medical engineering programs which might be established by federal agencies and other groups. Under the auspices of the Atlanta Chamber of Commerce, a special report entitled "Bio technology--Atlanta" has been prepared by Emory University in collaboration with Georgia Tech and the U. S. Communicable Disease Center. The Chairman of the GCSRD served as Chairman of the editorial review board for this study.
Further, the GCSRD has supported the effort to attract a major NASA electronics facility to Georgia. While this effort was unsuccessful, the experi ence was useful in demonstrating the need for a stronger state science program. To improve NASA's familiarity with Georgia research facilities and resources, a NASA team visited several state institutions. On another occasion the head of the NASA office of research grants was flown by the GCSRD Chairman from Washington to Athens where he spoke at The University of Georgia's summer commencement exercises. These activities serve to illustrate the variety of programs and functions which have been scanned by the GCSRD in order to carry out its mission.
MAJOR FINDINGS CONTAINED IN THIS REPORT
The foregoing remarks refer to previous actions of the GCSRD, most of which are a matter of record. The following discussion covers both new topics and new development with respect to those topics already discussed.
I.
THE GEORGIA SCIENCE AND TECHNOLOGY COMMISSION
Reference is made to the initial charge to the GCSRD to investigate "measures for strengthening Georgia's scientific programs" and to the recom mendation made to the GCSRD by the Spindletop organization that "there needs to be an organization established on a continuing basis which will have as its primary objective the strengthening and expanding of Georgia's scientific resources". The latter recommendation was unanimously concurred in by the GCSRD, and as a result of the Commission's further recommendation the Gen eral Assembly passed Senate Bill 283 in March, 1964, which created the GSTC. According to Section 5 of this bill: "The Commission shall review and evaluate
FRIDAY, MARCH 12, 1965
2509
the status of the scientific and technological resources and capabilities of the State of Georgia. It shall advise the Governor, the General Assembly and public agencies and institutions relative to scientific research and development matters, particularly as such matters affect the entire State. The Commission shall pro vide information, planning, evaluation, and recommendations for action to the Governor, the General Assembly, other agencies of the State, and private agencies within the State." The bill further provides for the appointment by the GSTC of a Scientific Advisory Committee ond a full-time working staff. Thus, a body has been created to succeed the GCSRD on a continuing basis. As actually created this Commission differs from the body envisaged by the Spidletop report and the original recommendations to the General Assembly by the GCSRD in that the language of Senate Bill 283 limited the new Commission to advisory functions only, whereas operational functions had been embodied in the original recommendations of the GCSRD.
Whether or not a purely advisory Commission will be sufficient to over come the limitations which all see in the State's posture in scientific research and development is problematical. With dynamic leadership and a professional staff the GSTC might be able to stimulate the existing agencies of the State and the General Assembly in such a way as to raise the State out of its research and development doldrums. The effectiveness of the GSTC should be watched closely to determine whether or not it should press for a more operational func tion.
Functions of the Georgia Science and Technology Commission:
The GCSRD fully endorses the broad, almost unlimited, responsibility in herent in the general charge as stated in Section 5 of S. B. 283 creating the GSTC. In its advisory capacity the GSTC should establish and maintain con tact with all segments of labor and management; legal, political and financial agencies; medicine, education and industry; in short, all elements contributing to the overall economy and welfare of the people of Georgia. It is visualized that the GSTC should be a central core around which all elements engaged in the development of science and technology would serve and be served.
The GCSRD urges that the members of the new Commission take the initia tive in carrying out the mandate of the General Assembly and interpret that mandate as broadly as is possible. The GCSRD recommends to the attention of the GSTC the following specific areas which it believes deserve immediate at tention, study, and action:
1. The assembly and dissemination of information concerning Georgia's re sources, capabilities, and needs in science and technology as a basis for future endeavors. Specific details are given in p. 8-6 and 8-7 of the Spindletop Report. (See Appendix, Exhibit "E").
2. The encouragement of the youth of the State to elect science and tech nology based professions as their future careers. The suggestions of the Spindletop Report that this be done through the Georgia Academy of Science, Inc., merits thoughtful consideration.
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3. The stimulation of the interest and education of the people of the State at large, civic leaders, the Legislature, the Executive Branch, and other influential bodies in science and technology as the major hope for pre eminence for this State.
4. A study of the records and recommendations of the Georgia Nuclear Advisory Commission, which was abolished by the Act which created the GSTC, in order to prepare for a role in matters formerly coming under the purview of that agency. It is recognized that certain licensing and control functions have been assigned to the Department of Public Health.
5. Consider appropriate means for the stimulation of accomplishment in science and technology. As adopted, S. B. 283 does not contain any pro visions for direct financial support of scientific research and development as visualized in the Spindletop Report. A program of State Awards for high achievement in science and technology, with candidates judged solely on the basis of accomplishments which benefit the State, is indeed a desirable program and one that does not conflict with the interest of any other agency.
6. The preparation of an imaginative and broad-scope study of the major scientific and technological programs desired for the State of Georgia together with a program as to how to expand existing activities and obtain new ones for the State. Some suggestions are: transportation, environmental health, oceanography, waste disposal, cryochemistry, min eral-geophysics, biomedical engineering, and water utilization.
7. The implementation of the recommendations in the science area of the Governor's Commission to Improve Education.
Implemenation of the Functions of the Georgia Science and Technology Commission:
The GCSRD believes that the provisions of S. B. 283 should be carried out with a minimum of delay because they are essential to the successful functioning of the new Commission. The election of permanent officers and an Executive Board, appointment of the Scientific Advisory Committee, and assembly of the Commission in frequent and regular meetings should be undertaken at once.
The GCSRD believes that the key to the successful functioning of the new GSTC is the appointment of a Director as authorized in Section 4 of S. B. 283. This person should be a truly recognized scientist of administrative ability and his employment should not be handicapped by lack of realism regarding salary. Such a Director should be appointed immediately and begin to assemble a staff. GSTC Budget:
At present the GSTC is operating on a small allocation of funds made available by the Governor. If the new agency is to be effective, it should receive a substantial annual operating fund via the next appropriations bill adoptsd by the General Assembly.
FRIDAY, MARCH 12, 1965
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If Georgia seriously expects the GSTC to contribute significantly to im provement of the State's competitive position, an initial budget on the order of $250,000 is realistic. This figure is modest by comparison with the annual budget of the $1 million reported to have been provided for the new North Caro lina Science and Technology Commission.
II.
RESEARCH PARKS
The term "research park" has been used to describe a variety of sites de signed to accommodate research and development activities in an attractive en vironment. Research parks may also contain manufacturing operations, par ticularly if these operations are based on new developments in science and tech nology. The park may then be called an industrial research park.
The principle objectives of a research park are:
1. To attract science-oriented industry. 2. To attract government research nad development laboratories. 3. To provide the kind of environment, as well as facilities, that will help
attract and hold competent research scientists and engineers.
A well-planned research park should begin with a strong nucleus of research facilities and staff. Otherwise, there will be no firm foundation on which to build and the chances of success in accomplishing its objectives would appear slim. The strong nucleus of a research park may be a university laboratory, a government laboratory, a center of information on science and technology, an applied research institute, or other facilities. It also appears that an industry dependent upon satellite laboratories and services might be the nucleus or major attractive force for the development of a research park.
A recent survey (See Appendix, Exhibit "F") reveals more than fifty re search parks throughout the United States. Areas which have such facilities enjoy an obvious competitive advantage in attracting new technological enter prises.
The research park adjacent to The University of Georgia in Athens is a good example of a university-related park. Some of the graduate programs and research activities at The University of Georgia are closely related to the work of laboratories in the research park. The potential of the City of Athens for attracting research installations and science-oriented industry has been increased to a considerable extent by the University Research Park.
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It is disappointing and frustrating to report that the Atlanta metropolitan area still does not have a research park, even though many well-qualified ob servers have repeatedly pointed up this need and opportunity. The GCSRD has been informed of a number of proposals and plans designed to provide a research park in the Atlanta area, but, as yet, no successful plan has been put forward.
Several real estate developers and private property owners have proposed plans, but their proposals have lacked the essential support of a central "core" of research facilities and activities. The DeKalb County Commission offered substantial financial support in the form of planning, streets, and utilities. At least one major foundation with large funds resources expressed interest to the GCSRD.
The Arthur D. Little report on "Georgia Tech: Impetus to Economic Growth" recommends that Georgia Tech participate in the development of an industrial research park in the Atlanta area. This proposed Georgia Tech Industrial Research Park would be developed on a site of approximately 500 acres suitable for research and pilot plant, or manufacturing operations that are oriented toward science or technology. The park would be developed as a physical entity conforming to very high, specifically prescribed, architectural and land use standards. The park would operate under a tax-free foundation with a clear majority of the trustees from the administration, faculty and other interested elements of the Georgia Tech community. The foundation would not participate actively in the development and sale of real estate. This would be accomplished through contract with a developer who would preside over the development of the property and its day-to-day management. The foregoing recommendations of the Arthur D. Little report deserve careful study.
The GCSRD has studied other research parks enough to recognize that there is no precise formula for success. Outstanding projects have been carried out through various arrangements between public and private interests. The GCSRD believes that regardless of the exact plan, Georgia Tech should play a key role in the development of a research park in the Atlanta area. To achieve optimum results, all interested institutions, such as Emory University and Georgia State College, should be encouraged to participate.
It is the opinion of the GCSRD that suffiicent interest and support exists in the Atlanta area to establish a very successful and important research park. The problems seems to lie in getting all interested parties together and obtaining agreement on a common course of action. To be fully successful, the proposed park should involve the best effort and support of the state, state institutions such as Georgia Tech, private institution, and private business firms.
Specifically, it is recommended that the new GSTC carry on a continuing study of Georgia's needs for research parks, their location, and their develop ment. The GSTC can and should use its facilities to bring interested parties together and promote plans of action at the earliest possible date.
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III.
CLIENT-ORIENTED RESEARCH
One of the most diffcult sutdy areas explored by the GCSRD was the ques tion of strengthening Georgia's facilities for "client-oriented" research. This type of research, as the name implies, is conducted by research institutions for outside sponsors, such as federal agencies and private business firms.
A large volume of client-oriented research in an area contributes to the development of that area in a variety of ways. Such facilities promote the ex pansion of existing industrial firms by developing new products and produc tion processes under contract. They provide employment for scientific personnel and keep them available for problem-solving work. They frequently contribute to the "spin-off" of research ventures into new, fast-growing industries in the area.
The GCSRD found that Georgia's facilities for client-oriented research need to be strengthaned substantially. The principal asset at present is the Engineer ing Experiment Station at Georgia Tech. This facility contracts with a variety of clients through the Georgia Tech Research Institute.
Unfortunately, the rate of expansion of research programs at the Engi neering Experiment Station has been disappointing in recent years. At a time when national science programs and industrial research and development activi ties have mushroomed, the volume at Tech has failed to enjoy similar growth.
The GCSRD recognizes the necessity for the Engineering Experiment Station to be closely allied to the academic activities of Georgia Tech while at the same time performing service as the major client-oriented research agency in the State. This dual role needs further study to resolve the desirable future course for the Experiment Station so as to satisfy these two requirements.
The Spindletop study took note of this problem and proposed a rather drastic solution--the placing of the Engineering Experiment Station and other State facilities in a new agency or corporation known as "Georgia Research Services". A number of reasons were given to support this recommendation.
Members of the GCSRD studied this proposal carefully and a mail ballot of members was taken. By a margin of one vote the members opposed creation of Georgia Research Services. Generally those members of the GCSRD who are staff members of State institutions questioned the move, while GCSRD members from independent organizations favored creation of Georgia Research Services.
The GCSRD also studied the possibility of separating the Engineering Ex periment Station from Georgia Tech's academic control, as discussed in the
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Spindletop report and in the previously mentioned Arthur D. Little study made for the Georgia Tech Alumni Foundation. The members of the GCSRD agreed that a complete separation is undesirable, but expressed considerable support for greater independence for the research and development unit.
Specifically, the GCSRD recommends that the GSTC, the Board of Regents, and the administration at Georgia Tech explore a new status for the Engineering Experiment Station which would make it more effective.
This unit should be encouraged to increase its research activity from the present level of approximately $5 million to $20 million annually over the next six years, and the State should provide the initial investment to make this pos sible. With an aggressive sales program to support the excellent reputation Tech now enjoys, attractive research contracts can be obtained from federal agencies. Depreciation allowances and contract fees should be able to provide additional funds for further growth.
The GCSRD believes there is an urgent need for action with respect to this recommendation. However, it should be emphasized that there is no intention to minimize the importance of The University of Georgia or any other state in stitution. This Commission is concerned with "strengthening Georgia's scientific programs in order to promote more rapid development of technological industries, a greater role for the State in the national space program, and expansion of basic scientific research in the State". Georgia Tech, being the technical school of the State, requires the most immediate attention.
The GCSRD recommends that each university critically review its organiza tion and management of present research activities and make necssary changes to streamline its operation.
The GCSRD encourages a good balance between academic and applied re search. Client-oriented research can provide broader experience and training for future entrepreneurs capable of forming new research and development type organizations. State research institutions should avoid competition with private research organizations and, in fact, should encourage the establishment of new research and development enterprises and industries in Georgia.
The GCSRD supports the plan of the Board of Regents to employ a nationally known scientist-administrator to assist and coordinate the research activities at State Institutions. The GCSRD feels that the responsibility of this position needs to be clearly defined and that the work will be closely coordinated with that of the Georgia Science and Technology Commission. The GCSRD also strongly urges that no expense be spared in employing the most prominent scientific leader ob tainable and that salary supplements from private industry be obtained to make it possible to obtain a properly qualified person.
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IV.
RELATION OP EDUCATION TO THE RESEARCH AND DEVELOPMENT INDUSTRY
Throughout the studies conducted by the GCSRD, the members were constantly reminded of the close relationship between high-quality education and the success ful development research and development industries. The GCSRD specifically endorses the recommendations of the Governor's Commission on education, and particularly emphasizes the need to improve the scientific training programs in all school systems including the science and engineering programs within the University System, leading to the production of a significantly larger number of qualified graduate and postgraduate engineers and scientists.
Research organizations and technical industries are primarily attracted to, locate in, and are born in regions of high concentration of engineers, scientists, and skilled technicians. A large percentage of Georgia's technical graduates are forced to leave the state to find challenging employment opportunities; conse quently, simultaneous programs to increase research and development activities in Georgia must be undertaken.
Continued improvement in faculty salaries and facilities will be required to attract and hold nationally recognized scientists and educators. Faculty members must be encouraged to conduct research programs and present papers in addi tion to their teaching responsibilities. The stature of a graduate school and con sequently the ability to attract outstanding students depends primarily on the type and excellence of this research program.
Outstanding Georgia students are attracted to out-of-state schools because of attractive scholarships, fellowships, and employment opportunities. Improved scholarship programs are necessary to attract these students to state universities. An active program of establishing additional scholarships and fellowships from private industry, the National Science Foundation, Department of Defense, and other agencies should be encouraged.
At present, out-of-state students pay higher tuition than in-state students. A program whereby a percentage of the difference between instate and out-of-state tuition be refunded for each year a student resides in Georgia after graduation would aid in attracting more graduate students and holding them after gradua tion. Consideration should also be given to providing that persons who are bona fide employees of firms or institutions located in Georgia should be deemed resi dents of Georgia for the purpose of determining tuition fees.
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V.
MISCELLANEOUS FINDINGS AND RECOMMENDATIONS
Tax Incentives for Research and Development:
It was suggested to the GCSRD that Georgia offer tax incentives, such as rapid depreciation, to industrial firms which would locate research laboratories in the State. Such a move would undoubtedly be of some benefit in attracting labora tories, but use of tax incentives is controversial. The GCSRD makes no recommen dation, leaving this matter to the judgment of the General ssembly.
Science Committees in General Assembly:
Early in 1964 the GCSRD recommended that each house of the Georgia General Assembly establish a standing committee on scientific affairs. The Senate subsequently created a five-member committee on Scientific Research, but the House did not act. It is recommended that a suitable House Committee be estab lished and that both the Senate and House groups devote continuing attention o the State's needs and opportunities in science.
Liaison with Federal Science Programs:
On February 3-4, 1964, a State Science Conference was held in Washington under the auspices of the Secretary of Commerce. This meeting was held for the purpose of determining the status of State science programs and was attended by representatives of more than thirty states. The Chairman of the GCSRD repre sented Georgia at the request of the Governor. It is recommended that the new GSTC maintain close contact with this activity which affords an insight into federal programs of interest to Georgia.
It is also urged that the new GSTC keep in close contact with the Georgia congressional delegation regarding new and expanding federal science activities. The GCSRD has been aided by Senators Russell and Talmadge and by several members of Congress. Congressman Charles Weltner displayed his interest by appearing before the study commission recently. Congressman John Davis is in a particularly advantageous position as member of the House Astronautics Subcommittee.
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FINANCIAL STATEMENT
Exhibit "G" of the Appendix shows an accounting for the funds allocated to the GCSRD. It will be noted that the whole budget was not used. At the first meeting the members agreed to serve without compensation for expenses or otherwise which affected substantial savings for the State during the two years the GCSRD was in operation.
SITES FOR SCIENCE
to
01
APPENDIX
EXHIBIT "A"
STATE
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware D. C. Florida Georgia Hawaii
HOW STATES COMPARE IN R&D ACTIVITY INDICATORS
1962 NSF
DOD Prime
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43
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1
3,273 1,638 143 141 472 205 26
228 443
7 11 15 63 1
1,318 1,302 90 97 152 183 7
1,788 815 36 22 162 67 19
5 9 31 17 341,935
1 1 -- -- 1,805
7 6 25 17 7,262
7 11 14 9
80
7,640 1,163 23,858
414
.13 o
.02
i-3 W
.40 H
W
.01 0
15,850 22,788 2,501 3,549 4,299 3,326 143 144 107 873 484 947,767 2,491,669 41.34 M
1,758 3,587 187 256 384 496 20 12 11 145 42 58,646 293,528 4.87
2,548 3,530 343 457 1,192 375 29 21 22 289 181 12,116 123,295 2.05
449 2,237 53 98 1,450 344 4 7 3 15 36
140 2,272 .04
762 5,508 539 899 881 496 23 15 9 169 38 85,848 24,010 .40
5,000 3,088 213 252 512 291 24 22 20 118 52 543,262 153,063 2.54
3,949 2,025 133 116 336 152 48 8 11 30 28 9,669 6,011 .10
642 522 16 22 84 73 3 2 2 4 5
542
21 _
Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina
671 849 30 69 122 109
7
1
7--
4
--
----
10,113 10,512 729 957 3,594 1,055 101 79 74 749 517 14,323 61,984 1.03
4,677 3,958 311 335 1,316 408 41 50 32 412 105 4,092 29,488 .49
2,761 1,986 178 145 451 132 50 24 27 256 31 2,828 5,501 .09
2,178 2,045 163 113 376 230 45 10 17 89 10
--
3,092 .C5
3,047 1,275 77 81 381 175 39
7 19 67 34
100
890 .01
3,270 3,071 126 89 615 463 22 13 13 100 12 395,352 1,689 .03
974 605 39 28 122
43 19
3
5--
6
--
128 -- 1
h-1
3,116 5,838 574 714 1,318 544 34 18 20 168 105 146,685 198,643 3.29 O
r*^*
5,167 7,913 821 1,490 2,205 680 83 98 26 692 337 30,290 348,292 5.78
7,848 6,909 523 557 2,127 796 58 69 46 498 222 24,092 92,313 1.53 ^>
3,426 3,301 282 267 900 287 43 41 37 240 73
5,898 51,378
.85 woa
2,180 973 43
33 98 131 39
4
4
8
7 95,000
894 .01
4,331 3,437 232 191 980 557 59 18 22 146 91 264,898 18,226
678 960 37 18 64 94 11 3 6 9 3
--
16
1,414 987 103 66 152 76 22 7 9 60 14
-- 5,011
288 368 12
25
59
58
1------
3 40,160
1,494
.30 M O
-- Or
.09
.02
609 527 39 52 109 29 10 1 4 8 13
100 10,664 .18
6099 10,604 766 1,320 4,972 1,330 39 28 47 233 450 41,704 228,280 3.79
958 2,032 207 456 267 229
9 10
6 18 --
4,313 13,249 .22
16,827 21,658 2,077 2,781 6,279 2,438 157 139 185 1,473 942 152,553 734,934 12.19
4,563 2,435 209 156 634 184 58 22 17 192 35
3,941 16,142
.27
Cn H* po
North Dakota Ohio
634 474 35 16 60 36 9,739 9,134 596 850 3,538 1,314
12 65
8 60
75 82 357 407 163,619 137,502
2.28
etotoon
Oklahoma
2,333 2,930 142 100 554 480 32 14 17 92 35
1,123
4,551 .07
Oregon
1,773 2,223 78 124 257 182 27 9 13 78 25
662 1,377 .02
Pennsylvania
11,343 11,948 770 1,359 4,365 1,554 122 73 77 530 464 38,073 224,239 3.72
Rhode Island
857 676 53 114 211 61 10 8 8 41 34
281 5,601 .09
South Carolina
2,932 988 49 78 308 118 30 3 8 6 16
--
188 --
South Dakota Tennessee
682 439 21
19 55
25 16
1
5
3--
3,573 2,717 175 281 971 363 44 12 16 116 36
-- 3,149
292 27,001
.01 O .45 W
Texas Utah
9,617 10,292 459 596 1,888 1,764 98 28 46 294 134 135,284 63,059 1.05 f
896 1,522 82 98 205 209
8 18 10 61
7
100 181,118 3.00 O
Vermont Virginia Washington West Virginia Wisconsin
391 299 21 18 55 16 14 3,978 2,944 255 306 740 445 41
2
4
1,386 .02 H
7
12
65
56 171,436
18,729
.31
W H
2,860 3,433 255 315 640 474 27 17 15 171 46
321
293,684
4.87
W O
1,857 1,322 39 38 591 242 19
1
6 11 13
3,964 3,433 257 277 935 303 62 43 39 386 121
1,500 2,327
42,252 .70 H
74,239 1.23
Wyoming
322 775 12 12 72
89
5
2
2 19
1
-- 3,475 .06
TOTAL
179,877 201,292 15,511 20,882 53,071 24,089 1,934 1,200 1,200 9,350 5,420 3,787,276 5,027,945 100.00
ISource: National Science Foundation Scientific Manpower Bulletin, April, 1962. Summary characteristics of scientists reporting to national registry in 1960. Misc. engrs. are engineers not otherwise classified. 2lncludes all institutions of higher education recognized by Dept. of Health, Education, and Welfare, 1958.
SNational Science Foundation fellowships announced April 1962. Column headed "college" indicates state in which college is located. Column headed "home" indicates location of student's home. 4Doctorates conferred, 1958-59. SLaboratories operated by private industrial firms, 1960, as reported by National Re-
search Council. 6National Aeronautics and Space Adminis-
tration budget estimates for fiscal 1963. 7Department of Defense military prime contract awards for experimental, developmental, test, and research work, fiscal 1961.
Source: Industrial Development Magazine, August, 1962
FRIDAY, MARCH 12, 1965
2521
EXHIBIT "B"
U. S. GOVERNMENT R&D FUNDS -- FY 1963
(Includes DOD, NASA, AEC, HEW, NSF, etc.)
? Million
Texas
. 331
Florida ............ ......----
.......-- ................... 248
Louisiana _______________________________________________________________ ._ ............. 181
Alabama
-- ......_._.....__.._..._.._ 137
Tennessee ._____,,_._____._.___..______.__. _..._._.._____.._.__________.._____..___.__._.___..._____ 137
Virginia -------------------------- ...__.._...._.._................................ 73
N. Carolina ------------ ..........._...-._......---- ------ 22
Arkansas ____________________________________ _________________________________________________ 17
Georgia ...... ... ............... __.__..._...__..___.____._________ .........____....._......_... 15
S. Carolina ....................................._........._...........--....... ............. 15
Mississippi -.................-.-_..._._.._.-.-._._._...__.__.......__.----...--............... 4
Notes: U. S. Total was $9,864 million (nearly 10 billion) California had 38.5% of total Georgia had 0.15% of total
Source: Missiles and Rockets, Sept. 28, 1964, p. 14.
EXHIBIT "C"
Senate Resolution No. 64 (Amended)
By: Senators Conway of the 41st and Jackson of the 16th.
A RESOLUTION
Creating the Governor's Commission for Scientific Research and Develop ment; to provide for the appointment of members thereof; to prescribe their term of office and compensation; to define the duties and powers of said Com mission; to provide for appointment of a Chairman, Vice Chairman, and Secre-
2522
JOURNAL OF THE HOUSE,
tary thereof; to authorize the Commission to employ scientific consultants; to authorize expenditures of funds and payment of expenses; to provide funds and payment of expenses; to provide funds for the operation of the Commission; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created a Commission to be known as the "Governor's Commission for Scientific Research and Development", hereinafter referred to as the "Commission". The Commission shall be composed of fifteen members, each of whom shall be a graduate of a recognized college or university with a degree in a scientific field and each of whom shall be currently interested in scientific research programs in Georgia. The members of the Commission shall be appointed by the Governor. Said Commission shall serve until the time fixed by law for convening the General Assembly in regular session in 1965, when the Commission shall stand abolished.
Section 2. The Commission shall elect a Chairman and Vice Chairman from its membership, and a Secretary who need not be a member of the Commission. Seven members of the Commission shall constitute a quorum for the transaction of all business. When not in session, the Chairman shall possess all powers and authority conferred upon him by the Commission.
Section 3. The Commission shall conduct studies, research, investigations, and surveys into measures for strengthening Georgia's scientific programs in order to promote more rapid development of technological industries, a greater role for the State in the national Space program, the expansion of basic scientific research in the State. Specifically, the Commission shall recommend steps neces sary for Georgia universities and non-profit institutions to expand contract scientific research activities; to increase Georgia's capabilities for participating in federally-sponsored scientific research programs; to increase Georgia's po tential for taking part in similar programs financed by public and private founda tions; to encourage the growth of scientific research centers in Georgia; and to promote the establishment of one or more scientific "research parks" in Georgia. The Commission shall review the activities of those State agencies in the field of science and related activities, such as the Georgia Aeronautics and Space Administration, and shall make recommendations aimed at increasing the ef fectiveness of their programs.
Section 4. The Commission shall have the authority to contract with recog nized scientific research organizations and to retain as individual consultants, scientists of recognized ability in order to obtain expert advice and assistance with respect to the highly-technical aspects of its work. The Commission may also call upon existing state departments and units of state universities for such advice and assistance.
FRIDAY, MARCH 12, 1965
2523
Section 5. The Chairman of the Commission may designate and appoint committees to perform such functions as he may determine to be necessary. The Commission may, either by itself or through such committees, hold hearings, conduct studies, or take action to collect data and arrive at recommendations.
Section 6. The members of the Commission shall receive no per diem or compensation for their services, but shall receive reimbursement for actual ex penses 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.
Section 7. The funds necessary to effectuate the provisions of this Resolu tion shall come from the funds appropriated to or available to the Legislative Branch of the Government arid from any other available funds. The State funds used for contract and consulting services shall not exceed $30,000 and the State funds used for other expenses shall not exceed $2,000. However, the Commission is authorized to receive additional funds from private firms, non-profit founda tions, and the Federal Government.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT "D"
SENATE BILL 283 (COMMITTEE SUBSTITUTE)
By Senator Conway of the 41st
AN ACT
To create the Georgia Science and Technology Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to provide for committees; to provide for funds; to repeal the Resolution creating the Georgia Nuclear Ad visory Commission approved February 15, 1957 (Ga. Laws 1957, p. 60), so as to abolish said Georgia Nuclear Advisory Commission; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is in a period of impressive industrial development and enjoys opportunities for unprecedented achievements in the immediate future; and
2524
JOURNAL OF THE HOUSE,
WHEREAS, it is readily apparent that Georgia must play a greater role in the national program of space exploration and other areas of science and technology; and
WHEREAS, it is essential that the Governor, members of the General As sembly, and others must be continuously informed of progress and opportunities in such fields in order to promote the advancement of science and technology in the State;
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Georgia Science and Technology Commission. The Commission shall be composed of not less than thirty (30) nor more than forty (40) members, all of whom shall be appointed by the Governor. As far as practical, the members shall be science graduates at ac credited institutions. Initially, fourteen (14) members of the Commission shall be appointed for two (2) year terms; fourteen (14) for four (4) year terms; and the remainder for six (6) year terms. Thereafter, successors shall be ap pointed by the Governor for six (6) year terms. Members shall be eligible to succeed themselves. The Commission shall select from its membership an Excutive Committee of not more than nine (9) members which shall have the author ity to act for the Commission. The Governor shall be an ex officio member of the Commission and of the Executive Committee.
Section 2. The Commission shall elect its own chairman and such other officers as it deems advisable, who shall serve for terms of two (2) years. The Commission shall adopt procedures for its operation and shall meet at least once each quarter on a day to be determined by the Commission. It shall meet at other times on the call of the chairman and under such other procedures as the Commission shall prescribe. The Commission is hereby authorized to appoint committees and provide for the functions of such committees.
Section 3. The Commission is hereby directed to create a scientific advisory committee to be composed of not more than twenty (20) outstanding scientists from academic and industrial fields, who will be appointed by the Commission. These members need not be residents of the State of Georgia but should be of national stature. This committee shall make recommendations to the Commis sion relative to policies and emphasis in science programs. The Commission and the committee shall meet in joint session at least once a year and at such times and for such purposes as the Commission deems desirable.
Section 4. The Commission shall appoint a director who shall be the ad ministrative head of the staff of the Commission and shall carry out the policies of the Commission. He shall be a scientist of recognized ability and shall have had experience as a research administrator. His compensation shall be fixed
FRIDAY, MARCH 12, 1965
2525
by the Commission and he shall serve at the pleasure of the Commission. The director shall employ the personnel necessary to carry out the duties and functions of the Commission. He shall fix the compensation of staff personnel subject to the approval of the Commission.
Section 5. The Commission shall review and evaluate the status of the scientific and technological resources and capabilities of the State of Georgia. It shall advise the Governor, the General Assembly and public agencies and institutions relative to scientific research and development matters, particularly as such matters affect the entire State. The Commission shall provide informa tion, planning, evaluation, and recommendations for action to the Governor, the General Assembly, other agencies of the State, and private agencies within the State.
Section 6. The members of the Commission may receive a per diem of $20 for each day traveling to and from and in attendance at meetings of the Com mission, plus actual expenses incurred in connection therewith. The funds neces sary to carry out the provisions of this Act will come from funds appropriated to the Commission by the General Assembly. The Commission may also receive funds contributed by foundations, private firms, individuals, and other non-Stategovernment sources.
Section 7. The Commission is authorized to employ technical, scientific, and administrative personnel on a part time or full time basis. The Commission shall, wherever possible, use the services of existing State agencies, but where such agencies cannot or will not serve, the Commission may utilize the services of other institutions and firms.
Section 8. The Resolution creating the Georgia Nuclear Advisory Commis sion, approved February 15, 1957 (Ga. Laws 1957, p. 60), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished.
Section 9. This Act shall become effective on April 1, 1964.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT "E"
SCIENCE INFORMATION OFFICE*
The function of the Science Information Program would be to collect and
2526
JOURNAL OF THE HOUSE,
maintain information on Georgia's scientists, on research projects being under taken in the state, 011 special scientific facilities and equipment available in the State, and on the activities of the state's science-oriented companies. The Science Information office would be the primary source for those seeking in formation about Georgia's scientific resources, and also those in Georgia seeking information about scientific activities in other states and in the Federal govern ment.
The Science Information Office would encourage and support the dissem ination of scientific information to industry wichin the state. It would also have responsibility for preparing brochures and reports summarizing Georgia's scien tific resources for use in the promotional and industrial development activities of state agencies and chambers of commerce.
A directory of facilities and equipment would make it possible for a research engineer or scientist in industry to determine the location and availability of specialized equipment that might be required for a particular project. There is some possibility that this service could be expanded to include operation of a scientific equipment exchange for pooling certain special pieces of equipment.
It is estimated that the cost of operating the science information program, including funds for direct support of library and information services to indus try, would be approximately $180,000 per year. * Source: The Spindletop Report, pages 8-6, 8-7.
EXHIBIT "F"
TYPICAL RESEARCH PARKS IN THE UNITED STATES*
ALABAMA Huntsville--Huntsville Research Park, Research Sites Foundation, Inc., Guy
B. Nerren, Executive Director, P.O. Box 408. Established 1962. 600 acres, 60% occupied, 10 tenants. Services: E, F, Gn, Pa, Pi, R, S, T, W. Rstrictions: 1 (only), 2, a, (1); 3 thru 8_...... -.........._..___..._..............._..............._._____________.,,.._....,,..... 1
CALIFORNIA
Goleta--Santa Barbara Research Park, Exchange Building Corporation, C. W. Sponsel, Resident Manager, 1035 Santa Barbara St. Established 1962. 200 acres, 9% occupied, 3 tenants. Services: "Package," Gn. Restrictions: la, b, c, g; 2, a, (1), b; 3 thru 8. 30% of lot may be covered by buildmg._._.__.____._______.....__._...I
Monterey--Del Monte Research Park, Del Monte Properties Company, Rich-
FRIDAY, MARCH 12, 1965
2527
ard Bennett, Assistant to the President, Pebble Beach. Established 1958. 96 acres. 36% occupied, 8 tenants. Services: C, E. P, Gn, Pa, Pi, S, T, W. Restric tions; la, b, c, g; 2, a, (1) ; 3 thru 8. 25% of lot may be covered by building ..... I
Palo Alto-- Stanford Industrial Park, Stanford University, Alfred E. Brandin, Vice President for Business Affairs. Established 1951, 750 acres, 50% oc cupied. Services: A, C, E, F, Gn, PA, Pi, S, T, W. Restrictions: la, b, c, g; 2, a, (1), b; 3 thru 8. 20-40% of lot may be covered by building ....----______.__--__________ I
San Diego--City Research Park, City of San Diego, Julius R. Venson, In dustrial Development Consultant, 273 Civic Center. Established 1956. 50 acres, 50% occupied, 5 tenants. Services: A, C, E, Gn, Gm, Pa, Pi, S, T, W. Restric tions: 1, a; 2, a, b; 3 thru 8 _....-...-...____._._____._,,._,,--..___._____._._._.__...,,....._..._.___......_____.._ I
Thousand Oaks--Rancho Conejo Light Manufacturing and Research Center, Janss Corporation, James C. Ellis, Vice President, 15300 Ventura Blvd., Van Nuys. Established 1959. 1,000 acres, 40% occupied, 11 tenants. Services: A, C, E, F, Gn, Gm, Pa, Pi, S, T, W. Restrictions: la, b, c, g; 2, a, (1) b; 3 thru 8. 62%% of lot may be covered by building------------.--.----------------__.__--__---- I
COLORADO
Boulder--Boulder Technological Center, Industrial Research Land Leasing Corporation, Kent C. Schneider, President, 2955 17th St. Established 1964. 765 acres, no occupants. Services: A, C, E, F, Gn, Pa. S, T, W. Restrictions: la, b, c, g; 2, a, (1), b; 3 thru 8. 30% of lot may be covered by building____.___._..____._.......__ I
Denver--Denver Technological Center, Denver Technological Center, Inc., G. M. Wallace, President, 5303 East Evans. Established 1963. 130 acres, 10% occupied, 6 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, g; 2, a, (1) ; 3 thru 8. 20% of lot may be covered by building_.____._______-- I
Ft. Collins--Colorado State University Research Park, Colorado State Uni versity Research Foundation, Dr. George G. Olson, Director. Established 1963. 1,700 acres, 15% occupied, 3 tenants. Services: A, C, E, Gn, Pa, S, T, W. Re strictions: 1, a; 2, b; 3: 5 thru 8 ____,,_--------_--_..._..,,--____.._--...___,,--_-_--__ I
Longmont--Longmont Research & Industrial Park, Jim Kanemot, Partner, 1215 Main St., S. Established 1962. 40 acres, 8% occupied, 2 tenants. Services: E, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, f, g; 2 (only) ; 3 thru 8. 70% of lot may be covered by building.....--.._........_,,.....,,________..._._--____...------____--------. I
CONNECTICUT
Meriden and Wallingford, Connecticut Research Center, Connecticut Light & Power Company, A. B. Morgan, Area Development Manager, Selden St., Berlin,
2528
JOURNAL OF THE HOUSE,
and United Illuminating Company, George Heston, Area Development Consultant, 80 Temple St., New Haven. Established 1963. 1,000+ acres, no occupants. Serv ices: E, Gn, Pa, Pi, S, T, W. Restrictions: la, b, g; 2, a, (1), b; 3 thru 8. 25% of lot may be covered by building_____._._.___._.__............................__......_..........__________.__.. I
GEORGIA
Athens--University of Georgia Research Park, University of Georgia and the Athens Industrial Development Corporation, William E. Hudson, Director, Campus Planning & Development, Rm. 310, Old College. Established 1963. 300 acres, 33% occupied, 6 tenants. Services: E, F, Gn, Pa, T. Restrictions: Ib, g; 2, a, (1), b; 3 thru 8. 30% of lot may be covered by building ..,,...._....,,.. I
ILLINOIS
Urbana--Tawney Research Park, Mr. and Mrs. James R. Klassen, Owners, % Busey First National Bank. Established 1963. 60 acres, no occupants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, f; 2b; 3 thru 8. 60% of lot may be covered by building---___.__.._,,,,._,,...._...........-........._.--_...._. I
INDIANA
Bloomington--R & D Campus of Indiana University, Indiana University
Foundation, H. B. Wells, President, IUF, Owen Hall, Indiana University. Estab
lished 1964. 62 acres, no occupants at present. Services: A, E, Pa, S, T, W.
Restrictions: 1 (only), 3 _.._-_.,,._
_______________________ I
West Lafayette--McClure Park, Purdue Research Foundation, J. P. Mather, Vice President, Rm. 304, Executive Building, Purdue University. Established 1962. 1,000 acres, 1% occupied, 12 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, d, g; 2 a, b; 3 thru 8. 70% of lot may be occupied by building __......._..._..._.._..............._....__......_...........................,,.._...__.._...............,,..,,...._............. I
KANSAS
Lawrence--Research Park, University of Kansas Endowment Association, Irvin Youngberg, Executive Secretary, 224 Strong Hall, Kansas University. Established 1961. 200 acres, 15% occupied, 1 tenant. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: 1 c, g; 2, a; 3 thru 8 _.___..._._..._.__._._............... ........._.._____.._ I
Manhattan--Manhattan Research Park, Inc., Manhattan Chamber of Com merce, Lud C. Fiser, Resident Agent, 414 Plyntz, P.O. Box 988. Established 1961. 35 acres, 14% occupied, one tenant. Services: A, C, E, F, Gn, Gm, Pa, Pi, S, T, W. Restrictions: Ib, c, g; 2, a (1), b; 3; 5 thru 8. 70% of lot may be covered by building -_,,....--..--.--...-,,---...._...._.-_...,,.--.__.-._.-_---..-__---_--,,--,,..........--._.-..--.----------- I
INTERIM COMMITTEE REPORTS
2529
MARYLAND
Annapolis--Annapolis Science Center, Research Land Corporation, Willard G. Triest, Executive Vice President, P.O. Box 348, Riva Rd. Established 1964. 67 acres, 33% occupied, 3 tenants. Services: A, C, E, F, Gn, Pa, Pi, T, W. Restric tions: (1 only) ; 2, b; 3 thru 8. 60% of lot may be covered by building- . . ... I
MASSACHUSETTS
Bedford--Bedford Research and Office Park, Cabot, Cabot & Forbes Com pany, J. Brooks Dodge, Manager, 60 State St., Boston 9. Established 1949. 200 acres, 75% occupied, 4 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Re strictions: 2, a, b; 3 thru 8. 4 to 1 land to building ratio . ............. ._..,,._.. I
Cambridge--Technology Square, Cabot, Cabot & Forbes Company, David H. Bardley, Vice President, 60 State St., Boston 9. Established 1959. 14 acres, 35%
occupied. Services: A, C, E, F, Gn, Pa, S, T, W. Restrictions: 1, g; 2, a, (1), b; 3; 4; 7; 8. Four building complex--designed for lease completely controlled by developer -...-..---...--------.._.-.-._........._._..._........-------------------.----------------_-------- I
Lexington--Lexington Center for Research, Cabot, Cabot & Forbes Company, J. Brooks Dodge, Manager, 60 State St., Boston 9. Established 1960. 53 acres, 25% occupied, 1 tenant. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: 1, a, g; 2, a, (1), b; 3 thru 8. 5 to 1 land to building ratio, min. 5 A. sites _._.._............. I
Lexington--Lexington Office - Research Park, Cabot, Cabot & Forbes Com pany, J. Brooks Dodge, Manager, 60 State St., Boston 9. Established 1960. 147 acres, 75% occupied, 3 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restric tions: 1, g; 2, a, (1), b; 3 thru 8. 5 to 1 land to building ratio, min. 5 A. site _.... I
Lexington--Minuteman Research Park, Cabot, Cabot & Forbes Company, J.
Brooks Dodge, Manager, 60 State St., Boston 9. Established 1962. 45 acres, 25%
occupied, one tenant. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: 1, a,
g; 2, a, (1), b; 3 thru 8. 5 to 1 land to building ratio._..._._....
I
Waltham--Waltham Research and Development Park, Cabot, Cabot & Forbes
Company, J. Brooks Dodge, Manager, 60 State St., Boston 9. Established 1956.
127 acres, 80% occupied, 12 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W.
Restrictions: la, c, g; 2, a, b; 3 thru 8. 3 to 1 land to building ratio... ...
I
MICHIGAN
Ann Arbor--Greater Ann Arbor Research Park, Greater Ann Arbor Research Park, Inc., William J. Bott, Executive Director, 204 E. Huron St. Established 1960. 210 acres, 8% occupied, 19 tenants. Services: E, Gn, Pa, Pi, R, S, T, W. Restrictions: 1 (only) ; 2, a, b; 3 thru 8. 30% of lot may be covered by building ...I
2530
JOURNAL OF THE HOUSE,
MINNESOTA
Minneapolis--Valley Industrial Park, North Star Research & Development Institute, Ralph B. Scott, Assistant Secretary, 7th & Marquette Ave. Established 1957. 2,275 acres, 10% occupied, 6 tenants. Services: E, F, Gn, Pa, Pi, R, T. Re strictions: la thru Ig; 2, a, (1), b; 3 thru 8------------------____________________________ I
MISSOURI
Columbia--University of Missouri Research Park, University of Missouri, Dr. A. H. Emmons, Director. Established 1962. 85 acres, 30% occupied, 5 tenants. Services: A, C, E, F, Gn, Pa, S, T, W. Restrictions: 1 (only) ; 2, a, b; 3 thru 8. 15% of lot may be covered by building--._.----------__._.._--_,,.----_----_--_--------_---- I
NEW JERSEY
Plainsboro/South Brunswick--Princeton Center for Industrial Research, Henry Phipps Estates, James King & Son, Inc., John Graham, A.LA., P. L. Grif fith, Vice President, James King & Son, Inc., 350 Fifth Ave., New York. Estab lished 1963. 600 acres. Services: "Packages," Gn, Gm. Restrictions: 1, a, b, c, d; 2, b; 3 thru 7. 25% of lot may be covered by building __............_.,,________________--__ I
NEW MEXICO
Albuquerque--University Research Park, Albuquerque Industrial Develop ment Corporation, John W. Daly, Executive Vice President, P.O. Box 502, Civic Center. Established 1964. 25 acres, no occupants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: 1, a, b, g; 2, a, b; 3 thru 7....----________.--____________ I
NEW YORK
Ithaca--Cornell Industry Research Park, Cornell University, John E. Burton, Vice President, Business, Day Hall. Established 1958. 300 acres, 15% occupied, one tenant. Services: E, Gn, Pa, S, T, W. Restrictions: 1 (only) ; 2 (only) ; 3 thru 8 ____........__ _______________,,___,,__________. ___________-_..-..-._____-._______ I
Tuxedo--Sterling Forest, City Investing Company, Sammuel R. Walker, President, 980 Madison Ave. Established 1957. 20,000 acres, 10% occupied, 8 ten ants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: 1, a, b; 3 thru 8 ____ I
NORTH CAROLINA
Raleigh, Durham, Chapel Hill--Research Triangle Park, The Pinelands Com pany, Inc., James B. Shea, Jr., Executive Vice President, P.O. Box 1488, Raleigh. Established 1959. 5,000 acres, 8% occupied, 5 tenants. Services: E, F, Gn, Pa, Pi, R, S, T, W. Restrictions: la, b, c, d, f, g; 2, a, (1) b; 3 thru 8. 15% of lot may be covered by building___,,,,,,_____,,,,.___________.________,,________.________..__________________ ________________ I
INTERIM COMMITTEE REPORTS
2531
OHIO
Akron--Grant-Washington Research & Development Park, City of Akron, Edward O. Erickson, Mayor, Municipal Building. Established 1964. 75 acres, 15% occupied, 2 tenants. Services: "Package." Gn. Restrictions: la, b, c, f, g; 2, a, (1), b; 3 thru 8. 55% of lot may be covered by buliding .._._______._____._...... .__.._________._.--_--___ I
Cleveland--University Circle Research Center, University City Research Center, Inc., W. W. Brown, President, Olin Building, University Circle. Established 1963. 12 acres, no occupants at present. Services: A, C, E, Gn, Gm, Pa, Pi, S, T, W. Restrictions: 1 (only); 2, a, b; 3 thru 8. 25% of lot may be occupied by building__ I
OKLAHOMA
Norman--University of Oklahoma Research Park, University of Oklahoma, Donald G. Harper, Assistant to Executive Director, 1620 Halley Ave., Established 1957. 900 acres, 20% occupied, 8 tenants. Services: A, C, E, F, Gn, Pa, Pi, R, S, T,i W. Restrictions: 1 (only); 2, a, (1), b; 3 thru 8. 35% of lot may be covered by building .__....._...,,.........,,_..____--.-....._.._....._____.._...__..--,,..--,,--__.___,,-.....---------------------- I
OREGON
Eugene--Bailey Hill Research Park, Hermach, Lillie & Associates, George R. Hermach, President, P.O. Box 3646. Established 1963. 25 acres, 10% occupied, 3 tenants. Services: A, C, E, F, Gn, Pa, T, W. Restrictions: la, b, c, g; 2, a, (1), b; 3 thru 8 ..............._.-,,___.-...-...-..-...-.-.______......-...----------._.--.-------------_--- I
Portland--Sunset Science Park, Electro Scientific Industries, Inc., R. O. Beatty, Secretary-Manager, 13900 N.W. Science Park Dr. Established 1962. 105 acres, 30% occupied, 2 tenants. Services: A, E, F, Gn, Pa, Pi, S, T, W. Restric tions: 1, a, b, c; 2a, b; 3; 5 thru 8. 25% of lot may be covered by building ......__.__. I
PENNSYLVANIA
State College--Science Park, HRB-Singer, Inc., Philip J. Freed, Vice Presi dent, Science Park, P.O. Box 60. Established 1958. 235 acres, 25% occupied, 4 tenants. Services: A, C, E, F, Gm, Pa, T, W. Restrictions: la, b, c, d, f, g; 2, a, b; 3 thru 8. 50% of lot may be covered by building--___________.__--_--____......__......--____ I
TENNESSEE
Oak Ridge--Oak Ridge Research Park, Oak Ridge Development Corporation, Dr. R. N. Lyon, President, P.O. Box 491. Established 1962. 250 acres, 2% oc cupied, 2 tenants. Services: C, E, F, Gn, Pa, S, W. Restrictions: Ic; 2a, (1); 3; 6 thru 8 .........._..........._........__..___.............._._.._---...-.---_...--------------- I
2532
JOURNAL OF THE HOUSE,
TEXAS
Piano--Dallas North Research Park, Hunt Properties, George R. McVay, Manager, Real Estate Department, 1007-11 Mercantile Securities Bldg., Dallas. Established 1962. 1,200 acres, 3 tenants. Services: "Package," Gn. Restrictions: la, b, c, f, g; 2, b; 3 thru 8. 30% of lot may be covered by building.........--........._...._.... I
VIRGINIA
Blacksburg--University Research Park, Virginia Polytechnic Institute Edu cational Foundation, Dr. T. Marshall Hahn, Jr., President. Established 1963. 165 acres, no occupants. Services: E, Gn, Pa, S, T, W. Restrictions: la, b, c, d; 2a: 7; 8. Not specified as to percentage of lot that may be covered by building....-----. I
McLean--Westgate Research Park, Westgate Corporation, R. G. Seeley, Ex ecutive Vice President, 7700 Old Springhouse Rd. Established 1962. 82 acres, 40% occupied, 8 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, f, g; 2, a, (1); 3 thru 8. 50% of lot may be covered by building.__.___................. I
Newport News Hampton--Virginia Center for Advanced Technology, Re gional Redevelopment Authority and Peninsula Industrial Committee, King Meehan, Director of Development, P.O. Box 338. Established 1963. 127 acres, no occupants. Services: A, C, E, F, Gn, Pa, S, T, W. Restrictions: la, b, c; 2, a, b; 3 thru 8. 25% of lot may be covered by building ------------------------------------ I
WASHINGTON
Redmond--Overlake Park, Bert J. McNae Realty Inc., Bert J. McNae, Presi dent, 15450 Bellevue Redmond Rd. Established 1957. 500 acres, 30% occupied, 12 tenants. Services: "Package," Gn, Gm. Restrictions: la, b, c, g; 2, a, b; 3 thru 8. 35% of lot may be covered by building...._.------....------ .---------- .------------ I
WISCONSIN
Madison--Fitchburgh Research Park, Bjorksten Research Laboratories, Inc., Johan Bjorksten, President, P.O. Box 265. Established 1963. 175 acres, 10% occu pied, 6 tenants. Services: A, C, E, F, Gn, Pa, Pi, S, T, W. Restrictions: la, b, c, g; 2b; 3 thru 8. ------------------ ......------------.---------................... .... I
Wausau--Western Research Park, Wausau Area Chamber of Commerce and
the Town of Weston, Walter G. Roehl, Manager, c/o Wausau Area Chamber of
Commerce, Box 569. Established 1963. 60 acres, 33% occupied, one tenant.
Services: E, Gn, Pa, R, T, W. Restrictions: la, b, g; 2; 4; 8
........... I
PUERTO RICO Mayaquez--Centre de Investigaciones Industrials, Puerto Rico Industrial De-
INTERIM COMMITTEE REPORTS
2533
velopment Company, Danilo Ondina, President & General Manager, P.O. Box 2672, San Juan. Established 1964. 300+ acres, no occupants. Services: A, C, E, P, Pa, Pi, S, T, W. Restrictions: la, b, c; 2a, (1), b; 3 thru 8. 50% of lot may be covered by building--._._..._.______.__.__..________.______--------___.__....._.._..__..........._..__._______...__.._...__ I
*Source: Industrial Development Magazine, August, 1964. See next page of this Exhibit for key to abbreviations.
The key:
Available services: "Package" includes all services; A--architect/engineers; C--construction; E--electrical power; F--financing; Gn--natural gas; Gm-- manufactured gas; Pa--paved access roads; Pi--paved internal streets; R--rail siding; S--sewerage; T--telephone; and W--water.
Restrictions: 1--Park zoned for research-oriented activities; a--prototype manufacturing; b--small scale or pilot-type manufacturing; c--light manufac turing; d--medium manufacturing; e--heavy manufacturing; f--wholesaling; g-- office operations; 2--nuisances controlled by (a) zoning, or (b) deed covenants; 3--setback with landscaping; 4--building design/construction controlled; 5--out door storage area screened; 6--signs limited in size, type, number; 7--off-street parking, loading required; 8--residential construction prohibited; and 9--building area of lot restricted.
EXHIBIT "G"
FINANCIAL STATEMENT
S. R. 64 which created the GCSRD allowed for expenditures of $30,000 for consulting services and $2,000 for other expenses. Actual expenditures were as follows:
SPINDLETOP RESEARCH, INC...._........ ___. . . __....._._._........................... $26,500.00 PRINTNG OF FINAL REPORT............. ............................. ....... 802.40
TOTAL ................................ ........... ..........
$27,302.40
LEGISLATIVE APPORTIONMENT: A REVIEW OP DEVELOPMENTS
IN THE STATES
Since the U. S. Supreme Court's decision in Baker v. Carr, legislative ap portionment has been an issue of immediate concern in most of the states. This memorandum reviews the main issues and developnrnts leading up to that
2534
JOURNAL OF THE HOUSE,
decision, and from then to the present. In 1946 the U. S. Supreme Court handed down its opinion in Colegrove v. Green, an Illinois congressional districting case. Subsequent developments fall naturally into several discernable periods, cul minating in the apportionment decisions of June 15, 1964. The structure of this memorandum is in four main parts:
I. Legislative Apportionment Before Baker v. Carr.
II. Legislative Apportionment: Baker v. Carr to the June 15, 1964, Decisions.
III. The U. S. Supreme Court Decisions: June 15, 1964.
IV. Legislative Apportionment.- A Summary of State Action June 15, 1964 -September 15, 1964
Part I reviews developments in a period when most courts, following Colgrove, held legislative apportionment cases nonjusticiable; and the decision in Baker v. Carr which reversed this position. Part II is divided into two sections. The first reviews court and legislative response to the decision in Baker in the first nine months after it was handed down. A table: "Reapportionment in the States: March - December, 1962," provides a graphic representation of the va riety of initial activity. The second section provides a summary over-view of developments during the entire twenty-seven month period between Baker and the June 15 decisions. This treatment is made possible by the fact that develop ments in the early period represent, generally, the kinds and extent of action that would be taken during the whole period. A second table: "Status of Legis lative Apportionment Developments, June 14, 1964" lists reapportionments and pending apportionment suits on the eve of the June 15 decisions. Part III dis cusses the June 15 decisions.
A full summary of apportionment developments from June, 1960 to June, 1964, will be found in Legislative Apportionment in the States (Chicago: The Council of State Governments, RM-370, 1964). Parft IV offers a state by state summary of subsequent apportionment action in the states to September 15, 1964. Due to the rapidity with which new developments are occurring, no effort has been made to tabulate activity since the June 15 decisions.
I. Legislative Apportionment Before Baker v. Carr
On March 26, 1962, the U.S. Supreme Court remanded a Tennessee appor tionment case, Baker v. Carr, 1 back to Federal District Court for further con sideration on its merits. The decision came at the end of a long line of cases in both state and federal courts; ended the application of an earlier Supreme Court decision: Colegrove v. Green, 328 U.S. 549 (1946) as a precedent in legis lative apportionment cases; and provided a clear answer to several specific ques tions rising out of earlier litigation.
These questions fell into four main categories: (1) Jurisdiction. Do the courts have jurisdiction in cases affecting apportionment or districting of legisla tive bodies? (2) Justiciability. If the courts do have jurisdiction, should they
l Baker v. Carr, 369 U.S. 186 (1962).
INTERIM COMMITTEE REPORTS
2535
exercise it? Is the case appropriate for judicial consideration? (3) Standing. Does the plaintiff have a right which is enforceable at law? Does he have standing to bring suit under the law? (4) Effective remedy. Presuming the first three, is there a remedy available to the court which will actually bring plaintiff relief?
In practice, questions of jurisdiction and justiciability were often handled as one; and both, in turn, were heavily dependent upon whether the court felt it had an effective remedy available. The underlying question was political as well as legal, involving the nature of the federal system and the separation of powers. Legislative apportionment is a legislative function. At issue was whether the courts would be invading the functions of a coordinate branch of the government in entertaining apportionment cases. Presuming that a court were to invalidate a legislative act in this area, what affirmative relief could it grant beyond its declaratory judgment?
In 1946, the U. S. Supreme Court handed down what was, until Baker v. Carr, very nearly the ruling case in apportionment suits: Colegrove v. Green, 328 U.S. 549. Colegrove originated as a suit to have an Illinois congressional districting act declared unconstitutional. The Federal District Court had dis missed the case, and the Supreme Court affirmed the lower court decision on several grounds, including nonjusticiability. In the words of Justice Frankfurter, speaking for the majority, the Court had not intervened:
. . . because due regard for the effective working of our govern ment revealed this issue to be of a peculiarly political nature and therefore not meet for judicial determination. 2
Referring to Colegrove in his dissenting opinion in Baker v. Carr, Frank furter spoke of the Court's recognition of a "class of controversies which do not lend themselves to judicial standards and judicial remedies." 3 The effect of Colegrove v. Green was to declare that congressional districting cases were "political questions," and as such nonjusticiable: (1) because districting was a function fundamentally legislative, and that judicial intervention would violate the separation of powers principle, (2) because the question of what constitutes a proper districting is not amenable to evaluation by judicial standards, and (3) though the Court might find a districting statute unconstitutional, the nature of the issue did not lend itself to effective judicial remedies. Although Colegrove was a congressional districting rather than a legislative apportionment case, on the question of justiciability it came to serve as precedent in apportionment suits.
A review of apportionment cases prior to Baiter v Carr does not disclose uniformity of approach, or even a firm consensus. Federal District Courts moved in both directions from the Supreme Court's decision in Colegrove,* although one case, Maaraw v. Donovan. 159 F. Supp^_9(U (Minnesota, 1958) was signifi cant as being the first to suggest that a federal court might find a constitutional directive drawn from the 14th Amendment applicable to state legislative appor tionment.
z Colegrove v. Green, 328 U.S., at 552.
s Baker v. Carr, 369 U.S., at 280
4Dyer v. Kazuhisa Abe, 138 F. Supp. 220 (Hawaii, 1956) ; Perry v. Folsom, 144 F. Supp. 874 (Alabama, 1956) ; Magraw, cited above; and WMCA v. Simon, 196 F. Supp. 758 (New York, 1962).
2536
JOURNAL OF THE HOUSE,
State Supreme Courts had in a number of cases, taken jurisdiction, declared statutes unconstitutional, and even fashioned relief. 5 In a number of other cases, however, and especially following Colegrove, state courts became reluctant to take jurisdiction, or consider apportionment cases on their merits. 6
Relief, however, had only extended to granting orders that further elec tions be held pursuant to earlier apportionment statutes, or writs of mandamus directed at local apportionment officials. Attorney General v. Suffolk County Apportionment Commissioners, 224 Mass. 598, 113 N.E. 581 (1916) was the first of several "Suffolk Cases" in which the court issued a write of mandamus to the County Commissioners requiring them to reapportion. In Fergus v. Marks, 321 111. 510, 152 N.E. 557 (1926), the Illinois Supreme Court cited the division of powers between the three branches of government as reason for not instituting mandamus proceedings against the legislature. Jones v. Freeman, 193 Okla. 554, 561; 146 P. 2d 564 (1943), is one of several cases in which state courts have explicitly denied having the power to reapportion by decree. In Brown v. Saunders, 166 S.E. 105 (Virginia, 1932), a congressional districting case, the court ordered an election at-large after invalidating a state congres sional districting statute.
The relatively frequent willingness of state courts to consider apportion ment suits before Colegrove may be, among other things, because state courts were able to act under specific provisions of their state constitutions.
A significant exception to this pattern was the 1960 New Jersey case Asbury Park Press v. Woolley, 33 N. J. 1, 161 A. 2d 705; the first case follow ing the Colegrove decision in which a state Supreme Court, dealing specifically with the "political thicket" question, found an apportionment suit justiciable and went on to declare the existing apportionment statute unconstitutional.
With the handing down of the U. S. Supreme Court's decision in Baker v. Carr, an answer was provided for some of the main questions rising out of prior litigation, and Colegrove v. Green ceased to have force as a precedent in state legislative apportionment cases. (Its application to congressional dis tricting cases was subsequently removed by Wesberry v. Sanders, 376 U.S. 1 (1964.) In Baker the Court held: (1) that federal courts have jurisdiction of the subject matter, (2) that apportionment cases are justiciable, and (3) that plaintiffs may have standing to challenge legislative apportionment acts under the 14th Amendment of the Federal Constitution.
Concerning the existence of judicial standards applicable to legislative apportionment, and the availability of effective remedies, the Court contented itself with the observation that it had "no doubt the District Court will be able to fashion relief if violations of constitutional rights are found."7
"State v. Cunningham, 81 Wise. 440, 51 N.W. 724 (1892) ; Ragland v. Anderson, 125 Ky. 141, 100 S.W. 865, 869 (1907) ; Stiglitz v. Schardien, 239 Ky. 799, 40 S.W. 2d 315, 321 (1931) ; Asbury Park Press v. Woolley, 33 N. J. 1, 161 A. 2d 705 (1960).
f'Kidd v. McCanless, 200 Tenn. 273, 292 S.W. 2d 40 (1955) ; Butcher v. Rice, 397 Pa. St. 158, 162, 153 A. 2d 869 (1959) ; Scholle v. Hare, 360 Mich. 1, 104 N.W. 2d 63 (1960); Barnes v. Barnett, 241 Miss. 206, 129 So. 2d 638 (1961).
''Baker v. Carr, 369 U.S., at 198.
INTERIM COMMITTEE REPORTS
2537
Justice Douglas, in a concurring opinion,8 remarked that "the justiciability of the present claims being established, any relief accorded can be fashioned in the light of well-known principles of equity." These, he felt, could be followed in dealing with issues raised in some of the earlier cases, that declara tory judgment might invalidate legislatures elected under unconstitutional apportionment statutes and the public business transacted by them, and that the courts lacked means of providing effective relief once declaratory judgment had been granted. 0
//. Legislative Apportionment: Baker v. Carr to the June 15, 1964, Decisions
For the purpose of this memorandum the twenty-seven months between Baker v. Carr and the June 15 decisions may be divided into two periods: the initial nine months, in which the pattern of court, legislative, and voter action first clearly emerges; and the subsequent year and a half, in which there is a good deal of additional apportionment action, but none significantly different from what has already occurred. Issues and developments in the first period are reviewed, and also presented in tabular form to illustrate the variety of responses in the states to Baker v. Carr. The second period is not treated individually, but is included in a summary over-view of the whole twentyseven months. A concluding table gives the status of apportionments and pending apportionment cases in the states, on the eve of the June 15 decisions.
A. Legislative Apportionment After Baker v. Carr: The First Nine Months
After Baker v. Carr, questions of jurisdiction, justiciability, and standing ceased to be at issue. In the litigation which followed, however, two new questions arose: (1) What criteria should the courts use to determine the constitutionality of state apportionment plans? What standards did the 14th Amendment require? (2) If it is determined that a particular apportionment statute or state constitutional provision violates the requirements of the 14th Amendment, what action should the courts take? What relief might they fashion?
In the nine months following Baker v. Carr, from March 26 the the end of 1962, the pattern of court and legislative response to the high court's opinion began to emerge. While the full press of litigation and legislative enactment did not come until 1963 and early 1964 (during the new court and legislative sessions) there was apportionment action in twenty-seven states during this early period. Precisely because of the more limited scale on which developments took place in these nine months, what were already, and would continue to be, the main lines of development in apportionment litigation and legislative action are clearly defined. 10 For a state by state summary of apportionment action in this psriod see the tabulation on pages 10 and 11.
8Ibid., at 250. 9 For a further discussion of the judicial setting prior to Baker v. Carr, see: Anthony Lewis, "Legislative Reapportionment and the Federal Courts" Harvard Law Review, Vol. 71, No. 6, (April, 1958) ; Robert G. Dixon, Jr., "Legislative Apportionment and the Federal Constitution" Law and Contemporary Problems,
Vol. XXVII, No. 3, (Summer, 1962) ; and William J. Pierce, "Legal Setting: Pre-Baker v. Carr" Apportionment and Representative Institutions: The Michigan Experience (Washington, D. C.: The Institute for Social Science Research, 1963). 10 A detailed description of apportionment developments since June, 1960, will be found in Legislative Reapportionment in the States (Chicago: The Council of State Governments, RM-370, June, 1964).
2538
JOURNAL OF THE HOUSE,
Court Action
During this period state and federal courts handed down decisions in apportionment suits in twenty-five states. In four, the existing apportionment was upheld; in four more, the court did not determine the constitutionality of the apportionment plan, but retained jurisdiction; in a ninth state, suit was dismissed on a procedural point. In sixteen other states, however, declaratory judgment was granted invalidating existing apportionment plans, or new apportionment legislation.
Determining constitutional standards. In judging the constitutionality of state apportionment plans the courts had to consider three separate sets of criteria: (1) criteria: for measuring the representativeness of any given apportionment plan, (2) criteria for determining to what extent non-population factors were constitutionally permissible in apportioning state legislatures, and (3) criteria for determining at what point deviation from a straight population standard resulted in "invidious" discrimination.
(1) There are several common methods of measuring representativeness: to compare the population of the largest and the smallest legislative district, the comparative value of a vote in the largest and smallest district, the percentage of population deviation from an "average" district, and the smallest percentage of the population which could theoretically elect a majority of a legislative house. Although there has been some criticism of each of these methods, and several alternative methods have been suggested, the courts have frequently referred to them in their decisions. 11
(2) Determining just what standard the 14th Amendment required, however, presented more of a problem. The central question was how far a state legi slature might exercise its discretion in including non-population factors in apportioning legislative districts, and which of these factors were constitu tionally acceptable. In a number of states apportionment cases were decided on the basis of state constitutional issues, or other points, without touching the question of federal constitutional standards. In at least thirteen of the twenty-five, however, such standards were suggested or applied.
In two states, during these first months, the court's interpretation of the equal protection clause looked towards requiring apportionment of both houses of a state legislature on a straight population basis. 12 In two other states the court required only that a state apportionment plan be "rational." 13 In a fifth state, the court held that the states could, and
11 For a discussion of the various means of measuring representativeness see: Alan L. Clem, "Measuring Legislative Malapportionment: In Search of a Better Yardstick," Midwest Journal of Political Science, Vol. VII, No. 2 (May, 1963; Arthur L. Goldberg, "The Statistics of Malapportionment," Yale Law Journal, Vol. 72, No. 1 (November, 1962) ; and the sources cited therein.
^Seholle v. Hare, 367 Mich. 176, 116 N.W. 2d 350 (1962) ; Moss v. Burkhart, 207 F. Supp. 885 (W.D. Oklahoma 1962).
ls Lemtt v. Attorney General, 104 N.H. 100, 179 A. 2d 286 (1962) and Levitt v. Maynard, 31 U.S. Law Week 2060; WMCA v. Simon, 208 F. Supp. 368 (S.D. New York 1962). The courts may have relied on Justice Clark's concurring opinion in Baker v Carr as an indication of the high court's support of the "rationality" standard.
INTERIM COMMITTEE REPORTS
2539
should, follow the "federal analogy"; one house based on population, the other at least partly based on non-population factors. 14 In another, the court held the "federal analogy" inapplicable to state legislative apportionment. 15 In still another state the court made a pioneering effort to establish both sets of contitutional standards, and concluded that he population disparity within one house of a legislature would not be invidiously discriminatory if it did not exceed the disparity "that exists as against any state in the most recent electoral college allocation." 16
Eleven of the thirteen courts which considered the question of standards agreed on one point: that some rational deviation from the population standard was constitutionally permissible. 17 Some of the non-population factors which were mentioned by the courts as constitutionally acceptable were: historical basis in state or federal experience, compactness and contiguity of territory, geography, political sub-divisions, and community of interest. Several courts also felt that the availability of a political remedy, such as referendum pro visions in the state constitution, should be considered in determining whether the courts would intervene.
(3) When it came to determining the point at which population dis parities between districts became invidious, however, there was less certainty. In several cases an attempt was made to establish mathematical criteria. The Michigan Supreme Court, which seemed to require that both houses of the legislature be apportioned on a straight population basis, felt that no legislative should have (at the very most) more than double the population of another. The Rhode Island Supreme Court held that "the dilution of the vote of the majority of electors to one-fourth of that enjoyed by others" was "so unjust as to be invidiously discriminatory," 18 and also suggested the two to one ratio. The Federal District Court's standard in Georgia has already been mentioned. For the most part the response of state and federal courts to the necessity for determining the constitutional standards was marked with un certainty. 19
Fashioning relief. Although state and federal courts in sixteen states granted declaratory judgment invalidating existing or newly adopted apportion ment plan, the kinds and extent of subsequent court action varied widely. In five states direct relief was granted by the court, including a court promulgated temporary apportionment in one state, 20 an election at-large order (subse-
14 Maryland Committee for Fair Representation v. Tawes, 31 U.S. Law Week 2016 (June 28, 1962).
* s Mann v. Davis, 213 F. Supp. 577 (E.D. Virginia 1962). le S(inders v. Gray, 203 F. Supp. 158 (N.D. Georgia 1962) (technically not an
apportionment case at all) and Toombs v. Fartson, 205 F. Supp. 248 (N.D. Georgia 1962). The quotation is from Sanders. "Alabama, Colorado, Florida, Georgia, Idaho, Maryland, New Hampshire, New York, Rhode Island, Tennessee and Virginia. i8 Sweeney v. Notte, 183 A. 2d 296 (1962). "For further discussion of state and federal court determination of constitutional standards in the period March-December, 1962, see: Jerold Israel, "On Charting a Course Through the Mathematical Quagmire: The Future of Baker v. Carr," Michigan La^v Review, Vol. 61, No. 1 (November, 1962) and William J. Pierce, J "Legal Setting: Post Baker v. Carr," Apportionment and Representative Institutions: The Michigan Experience (Washington, D. C.: The Institute for Social Science Research, 1963.)
2540
JOURNAL OF THE HOUSE,
quently stayed) in another, and reversion to an earlier basis of apportionment in a third. In three states the court ordered reapportionment of the legislature by a set date, while in six others the court set a time limit for further legislative action without actually ordering reapportionment. In still five other states the courts retained jurisdiction pending further legislative action, without actually ordering reapportionment. In three states the court warned that it would reapportion by decree in the absence of legislative action.
These various methods of proceeding represent the major approaches which would continue to be employed by the courts in 1963 and 1964. In many cases two or more of these approaches were used in conjunction, and this too would continue to be the case. No meaningful difference in the kinds and extent of relief granted by state courts and federal courts is apparent.
Legislative and Voter Action
Some form of legislative action was taken in eleven states in the nine months following Baker v. Carr, and intiative measures were presented to the voters in five others. In eight of the states the legislature was called into special session to consider reapportionment plans. In six states the voters de feated initiative measures or legislatively sponsored proposed amendments to the state constitution. In Colorado they chose between two competing initiative measures.
By the end of 1962 at least one house of the legislature had been reapportioned by legislative or voter action in seven states. In five states these were intended as regular apportionments; in two others, as temporary reapportionments.
Most of the new apportionment plans moved in the direction of greater population equality between districts. Two of the "regular" apportionment plans, however, did not. In Colorado the voters chose a "little federal system" over a plan to apportion both houses on a straight population basis. In Nebraska the voters approved, and the legislature implemented, a constitutional amendment adding a twenty per cent area factor to the formula for apportion ing the state's unicameral legislature.
As was true of court action in this period, the various forms of legislative activity which took place between Baker and the end of 1962 were typical of those which would occur in most of the states in the next year and a half.
20 A temporary reapportionment was promulgated by the Federal District Court in Alabama. The court's plan was composed of parts of two legislative enact ments which it had previously invalidated. It was the first case in which state legislative apportionment was accomplished by judicial decree, rather than the regular apportionment process.
REAPPORTIONMENT IN THE STATES: MARCH - DECEMBER, 1962
Court Action
Legislative Action
State Alabama California Colorado Florida Georgia Idaho Indiana Iowa Kansas Maryland Michigan
Court
Constitutionality
of apportion-
ment
Relief Ordered
Time
Time
Limit Allowed
Set for
for
Legislative Legislative
Action Action
Special Session
Held
Approtion- Initiative ment Measure
Measure Presented Enacted to Voters
Reapportioned by end of 1962
Federal
A
*i
*
*
*
T
HH
Federal
N
*2
H
H
St. & Fed.
N
*
*
*3
h-1
g
Federal
A.
*
*
*
*a
Oo
Federal
A
*
*
*
*
*
g
State
U
HH
H
St. & Fed.
A
*
H H
H
State
U
W
State
A
*
H
O
State
^
State
A
#
*
*
*
ITl
H Ul
Mississippi
State
A
*
*
*
Nebraska
Federal
N
*"
*<
New Hamphshire State
U
New York
Federal
U
North Dakota
Federal
A
*
teon
taot
Oklahoma
Federal
A
*
*2
Oregon
1
Pennsylvania
State
N
Rhode Island
St. & Fed.
A
Tennessee
Federal
A
*
Vermont
State
A
*
***
ip oat
Virginia
Federal
A
*
*
Washington
Federal
A
*
West Virginia
*
*
0
a
*2
ft]
Wisconsin
St. & Fed.
A
*
g
Wyoming
State
P
CQ
W
A - Apportionment held unconstitutional.
N - No judgment on merits, jurisdiction retained.
U - Existing apportionment upheld.
P - Suit dismissed on a procedural point.
T - Temporary reapportionment.
1 Reapportioned by the court for the 1962 elections.
2 Did not become effective because vetoed by the Governor, invalidated by the court, or not approved by the voters.
3 "Little Federal Plan" of apportionment chosen by voters in preference to a plan apportioning both houses on a
population basis.
4 Added 20% area factor to formula apportioning the state's unicameral legislature.
INTERIM COMMITTEE REPORTS
2543
Apportionment activity in the states, already extensive hy the end of 1962, continued to increase in scope and tempo during 1963 and the first half of 1964. In the twenty-seven states already involved, additional suits were filed in state and federal courts, and state legislatures continued to grapple with the task of reapportioning. In fourteen additional states similar action was commenced. (Only nine states did not become closely concerned with reappor tionment, and all of these had reapportioned at least one house of the legislature since 1959; most of them in 1961 and 1962.) Apportionment developments in 1963 and the first half of 1964 are not treated in detail. The next section, however, provides a summary over-view of activity for the entire period between Baker v. Carr and June 15, 1964.
B. From Baker v. Carr to the June 15 Decisions: An Over-View
In the period between Baker v. Carr and the June 15 decisions twentyeight states reapportioned at least one house of the legislature: twenty-four reapportioned the lower house, nineteen reapportioned the upper house, and sixteen reapportioned both. In all but three of these states apportionment was accomplished by the regular apportionment process. In Alabama, Oklahoma, and Wisconsin reapportionment was accomplished by judicial decree. In addition to regular sessions, legislatures in twenty states held at least one special session to consider reapportionment. Voters in seventeen states went to the polls to vote on initiative measures or proposed constitutional amendments. In Michigan the voters approved a new constitution.
Despite the extent of apportionment activity in the states, no legislative or judicial approaches significantly different from those developed in the first months following Baker v. Carr emerged. And although the general trend of reapportionments accomplished between Baker and June 15, was towards greater population equality between districts, there was no clear consensus as to what the basis of apportionment in a bicameral state legislature ought to be, or what standards were required by the 14th Amendment.
In most of the states the basis for apportioning one house of the legislature differed from the basis for apportioning the other. In some instances the weight of the apportionment, as a whole, was towards population; with one house based on population alone, and the other on both population and area. In others, the weight was towards area. A number of states sought to balance these factors, either by apportioning both houses on a population and area basis, or by apportioning one house on population alone, and the other on area alone. In only a few states were both houses apportioned on a straight popu lation basis. 21
Opinions handed down in state and federal courts, during this period, varied widely. Decisions ranged from acceptance of "rational" apportionment plans, emphasizing area considerations, to requirements that both houses be apportioned on a straight population basis. Where the courts spoke directly concerning the "federal analogy" many, but by no means all, had accepted plans apportioning only one house on a population basis, with the other based on area, or population and area.
21 Among them: Minnesota, Oklahoma, Oregon, South Dakota and Wisconsin.
2544
JOURNAL OF THE HOUSE,
In several cases the courts hesitated to invalidate apportionment statutes and constitutional provisions without clearer criteria from the U. S. Supreme Court; and although apportionment by the court was posed as an alternative in a number of states, the courts generally have been reluctant to undertake that task. As a rule they appeared to have been trying to give state legislatures time in which to perform the apportionment process themselves, and to avoid immediate implementation of court orders where not to do so would interfere with the orderly holding of primary and general elections. In several states, action by the voters in approving initiative measures and new constitutional provisions were important considerations in arriving at final decisions.
Action by the voters has also differed from state to state. In some cases the voters approved plans requiring only one house of the state legislature to be apportioned on a population basis, in others they defeated such plans. Voter action in this area did raise one question, however: could voter action in approv ing an apportionment plan be taken into consideration by the courts in deciding whether that plan met the requirements of the 14th Amendment?
Towards the spring of 1964 the tempo of apportionment activity began to slow. A number of apportionment cases had been accepted on appeal by the U. S. Supreme Court, and the lower courts, legislators, and potential litigants paused to await the high court's decisions, which they hoped would clarify the question of constitutional standards. On the eve of the Supreme Court's decisions apportionment cases were pending in thrity-one states. Fifteen of the thirty-one were appeals to the Supreme Court, itself. The following table represents the status of apportionments and pending apportionment cases, just prior to the June 15 decisions. 22
Status of Legislative Apportionment Developments, June 14, 1964
State
Reapportionment Since Baker v. Carr
House
Senate
Alabama
T
T
California
Colorado
*
*
Connecticut
Delaware
Florida
*
*
Georgia
*
Idaho
T
Reapportioned by
Cases Pending
F
A
*
L
A
A
A
L
A
L
LA
22 A detailed description of apportionment developments to June, 1964, will be found in Legislative Reapportionment in the States (Chicago: The Council of State Governments, RM-370, June, 1964). Status of Legislative Apportionment Developments, June 14, 1964 (Cont.)
FRIDAY, MARCH 12, 1965
State
Reapportionment Since Bj_>auk/ne,vri' vU.. CV^Ua/r/ r1
House
Senate
Illinois
(1)
Indiana
*
*
Iowa
T
T
Kansas
*
*
Kentucky
*
*
Louisiana
*
Maine
*
Maryland
T
Massachusetts *
Michigan
*
Mississippi
*
*
Missouri
Nebraska
*
*
Nevada
New Jersey
New Mexico *
New York
North Carolina
*
North Dakota *
Ohio
Oklahoma
*
*
Pennsylvania *
*
Rhode Island
Tennessee
*
Texas
Utah
*
*
Vermont
T
Virginia
*
*
Washington
West Virginia *
*
Wisconsin
*
*
Wyoming
*
*
Reapport,i.oned, by
L L L L L L L L (2) L
L
L
L L
F-S L
L
L L L
L S L
2545
Cases Pending
A *
* *
A * A
* * * * * A
A A A * * * * * A A
*
2546
JOURNAL OP THE HOUSE,
T Temporary apportionment plan.
L Apportioned by the state legislature.
F Apportioned by the Federal District Court.
S Apportioned by the State Supreme Court.
FS Apportioned by both the Federal District and the State Supreme Court.
A Case appealed to the U. S. Supreme Court.
(1) At-large election of the lower house, pursuant to provisions of the state constitution, was ordered by the State Supreme Court in the absence of agreement on an apportionment plan by a special apportionment commission.
(2) A new state constitution, approved by the voters, altered the basis of legislative apportionment. When the state Legislative Apportionment Com mission was unable to agree on a plan for implementing the new provisions, responsibility for choosing a plan devolved upon the state Supreme Court, which made a tentative choice pending the U. S. Supreme Court's decision in a Michigan case being heard on appeal.
III. The U. S. Supreme Court Decisions: June 15, 1964
On June 15, 1964, the U. S. Supreme Court handed down its decisions in eight apportionment cases from six states: Alabama, Colorado, Delaware, Maryland, New York and Virginia. In two previous cases, one invalidating a state primary act, and the other invalidating the apportionment of a state's congressional districts, the Court had laid down an equal population rule. 23 In both cases, however, the issue before the Court was distinguished from that of legislative apportionment. On the eve of the June 15 decisions the question was: would the Court apply the same rule to the apportionment of both houses of a state legislature?
Approaching the subject by way of the "right to vote" cases, the majority24 held that:
.. .as a basic constitutional standard, the Equal Protection Clause requires that the seats in both houses of a bicameral state legislature must be apportioned on a population basis.
The Court noted that mathematical exactness was a "practical impossibility" and that a state might "legitimately desire" to consider "insuring some voice to political subdivisions, as political subdivisions," but denied that history or area alone, or consideration of "economic or other sorts of group interests, are permissible factors in attempting to justify disparities from population based representation." Only 'so long as the divergences from a strict population standard are based on legitimate considerations incident to the effectuation of
23 Gray v. Sanders, 372 U.S. 368 (1963); Wesberry v. Sanders, 371 U.S. 1 (1964).
24Justice Harlan dissented in all eight cases; Justices Clark and Stewart both dissented in the cases from Colorado and New York.
INTERIM COMMITTEE REPORTS
2547
a rational state policy [are] some deviations from the equal-population principle.. .constitutionally permissible..."
The Court declined to lay down more specifice standards for evaluating state apportionment plans, however. Noting that "what is marginally per missible in one state may be unsatisfactory in another, depending on the particular circumstances of the case," the Court left the development of such standards to the lower courts.
Also left to the lower courts was the question of remedies to be employed, the Supreme Court recognizing that "remedial technique in this new and developing area of the law will probably often differ with the circumstances of the challenged apportionment and a variety of local conditions."
Allowance was made for the fact that, though it would be the unusual case in which a lower court permitted an apportionment plan which it had invalidat ed to serve through another election, "under certain circumstances, such as where an impending election is imminent and a state's election machinery is already in progress," the lower court might stay the effective date of its decision until after that election.
In the Colorado case the Court held that voter approval of an apportionment plan was of no force and effect in determining the constitutionality of that plan. 25 The voters of Colorado had approved an initiative measure establishing a "little federal plan" of apportionment in preference to another initiative measure which would have apportioned both houses on a straight population basis. In the opinion of the Court, however:
An individual's constitutionality protected right to cast an equally weighted vote cannot be denied even by a vote of a majority of a State's electorate, if the apportionment scheme adopted by the voters fails to measure up to the requirements of the Equal Pro tection Clause.
On June 22, in summary decisions in cases from nine additional states, 21' the Supreme Court applied the same criteria, and remanded the cases back to the lower courts for further action.
The main effect of the June 15 decisions was to establish that the 14th Amendment requires both houses of a state legislature to be apportioned "as nearly of equal population as is practicable," notwithstanding the outcome of any state-wide referendum to the contrary. The Court also indicated that some deviation from the population standard might be permissible, depending upon specific state conditions, so long as the basic standard was adhered to. In two areas, however: specific constitutional standards for evaluating state apportion ment plans, and remedies to be used by the lower courts, the Supreme Court pre ferred, considering that different circumstancs prevail in different states, to leave this to be worked out by the lower courts on a state by state basis.
25Lwcas v. Forty-Fourth General Assembly.
26 Connecticut, Florida, Idaho, Illinois, Iowa, Michigan, Ohio, Oklahoma and Washington.
2548
JOURNAL OF THE HOUSE,
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS.
JOINT REPORT OF THE INTERIM BARBER STUDY COMMITTEES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES
The Committees
Senate Committee
Honorable Zell Miller Senator, 50th District, Chairman
Honorable Erwin Owens, Senator, 49th District, Member
Honorable Edward S. Kendrick, Senator, 32nd District, Secretary
Honorable J. M. Salome, Senator, 36th District, Member
House Committee
Honorable William B. Green, Representative, Bartow County, Chairman
Honorable B. Frank Arnsdorff, Representative, Effingham County, Member
Honorable Richard Russell Smith, Representative, Habersham County Member
Honorable Ray M. Tucker, Representative, Henry County, Secretary
Honorable Curtis C. Herndon, Representative, Appling County Member
Honorable Paul Stalnaker Representative, Houston County Member
December, 1964
INTRODUCTION:
Pursuant to the authority granted in Senate Resolution No. 241 adopted at the 1964 Regular Session of the General Assembly, the President of the Senate (Lieutenant Governor) appointed an interim legislative committee to study barber problems. For the purpose of this report, the committee will be referred to as the Senate Interim Barber Study Committee.
The members of the Committee are as follows:
Honorable Edward S. Kendrick Senator, 32nd District Honorable Zell Miller Senator, 50th District Honorable Erwin Owens Senator, 49th District Honorable J. M. Salome Senator, 36th District
INTERIM COMMITTEE REPORTS
2549
The President of the Senate (Lieutenant Governor) designated Senator Miller as Chairman of the Committee and at its initial meeting, Senator Kendrick was designated as Secretary of the Committee.
Pursuant to the authority granted in House Resolution No. 558 adopted at the 1964 Regular Session of the General Assembly, the Speaker of the House of Representatives appointed an interim legislative committee to study barber problems. For the purpose of this report, the committee will be referred to as the House Interim Barber Study Committee. The members of the Committee are as follows:
Honorable B. Frank Arnsdorff Representative, Effingham County Honorable William B. Greene Representative, Bartow County Honorable Curtis C. Herndon Representative, Appling County Honorable Richard Russell Smith Representative, Habersham County Honorable Paul Stalnaker Representative, Houston County Honorable Ray M. Tucker Representative, Henry County
The Speaker of the House of Representatives designated Representative Greene as Chairman of the Committee and at its initial meeting, Representative Tucker was designated as Secretary of the Committee.
The members of the two Committees decided that it would be more practical to function in the same manner as a joint Committee. The members of the Com mittees unanimously agreed that when they met together that Representative William B. Greene would act as Chairman and Representative Ray M. Tucker would act as Secretary, but that the Committees would retain their individual status.
EXTENT OF STUDY:
The Committee familiarized themselves with Chapter 84-4 of the Code of Georgia of 1933 which relates to barbers, manicurists, teachers and instructors in barber schools and colleges, barber shops, and barber schools and colleges. Pursuant to the authority granted in said Code Chapter, the Georgia State Board of Barbers administers the laws of the State of Georgia regulating the occupation or trade of barbering and manicuring and the operation of barber schools and colleges. Persons engaged in the occupation or trade of barbering and manicuring and operating barber schools and colleges met with the Com mittees and made many suggestions relative to changes in the present laws of the State of Georgia governing the occupation or trade of barbering and mani curing and the operation of barber schools and colleges. Members of the Georgia State Board of Barbers and officials of the Georgia Professional Barbers Asso ciation also appeared before the Committee and gave their view relative to elevating the occupation or trade of barbering in the State of Georgia.
Subcommittees of the Committees visited barber shops, barber schools and colleges in various sections of the State and interviewed owners thereof and
2550
JOURNAL OP THE HOUSE,
employees, instructors and students therein. Customers of barber shops were also interviewed.
At the request of the Committee, Honorable C. L. Clifton, Joint-Secretary, State Examining Boards, and other personnel in his office attended several meetings of the Committees and the information furnished to the Committees by them materially aided the Committees.
CONCLUSION:
The Committees are of the opinion that the provisions of the present laws of the State of Georgia regulating barbers, the occuptaion or trade of barbering and barber schools and colleges are not adequate. The present laws do not con tain powers and safeguards that are usually afforded other regulatory agencies in the State of Georgia. During the limited time which the Committees had to function, it would have been impossible to rewrite Code Chapter 84-4.
RECOMMENDATIONS:
Rather than make specific recommendations, the Committees have prepared a proposed Bill amending Code Chapter 84-4 which will improve the existing Code provisions and grant to the Georgia State Board of Barbers sufficient powers for it to adequately operate as a State regulatory agency.
The Committees recommend that the attached Bill be introduced and passed at the 1964 Regular Session of the General Assembly of Georgia.
ACKNOWLEDGEMENTS:
The Committees wish to express their appreciation for all those who assisted the Committees during their deliberations. The Committees specifically express their appreciation to the members of the Georgia State Board of Barbers, Honor able Wiley Fordham, Chairman, Honorable Ray Phillips, Member, Honorable F. B. Rainwater, Member; to Honorable C. L. Clifton, Joint-Secretary, State Ex amining Boards and other personnel which Honorable Ben Fortson, Secretary of State and Honorable C. L. Clifton made available to the Committees; and to Honorable Roy Nicholson, Executive Secretary, Georgia Professional Barbers Association.
The Committees wish to express their appreciation to the staff of the Office of Legislative Counsel for its most able and valuable assistance.
/s/ Zell Miller Chairman, Senate Committee
/s/ William B. Greene Chairman, House Committee
INTERIM COMMITTEE REPORTS
2551
PROPOSED BILL OF THE INTERIM BARBER STUDY COMMITTEES OP THE SENATE AND HOUSE OP REPRESENTATIVES
A BILL
To be entitled an Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, as amended, so as to provide additional powers to the Georgia State Board of Barbers; to provide that the Georgia State Board of Barbers shall have the authority to approve the curriculum of barber schools and barber colleges; to provide that the Georgia State Board of Barbers shall have the authority to approve a course of study for all barber shops; to require barber schools, barber colleges and barber shops to submit certain information to the Georgia State Board of Barbers; to provide for inspectors; to provide that certain apprentices shall be eligible to make application for an examination to entitle him to practice the occupation of a barber; to provide qualifications for such apprentices; to provide qualifications for applicants for a certificate of registration as a master barber; to provide for the training of apprentices; to provide for the supervision of apprentices and students learning the occupation of a barber; to provide for the issuance of a license to teach or instruct in a barber school or college; to provide the grounds upon which the Georgia State Board of Barbers may refuse to grant a certificate of registration or license; to provide the grounds upon which the Georgia State Board of Barbers may suspend or revoke any certificate of registration or license; to require that the certificate of registration or license issued to barbers, barber shops, barber schools or barber colleges shall be displayed in a conspicious place; to provide that no applicant shall be issued a certificate of registration or license unless such person can pass a written examination as prescribed by the Board; to provide the manner in which certificates of registration or licenses may be renewed or reinstated; to declare that the Georgia State Board of Barbers shall be a quasi-judicial body; to provide that the members and employees thereof shall be immune from civil liability when acting in the performance of their official duties; to authorize the use of injunctions by the Georgia State Board of Barbers; to provide for the regulation of barbers, manicurists, apprentices, students, teachers, instructors, barber shops, barber schools and barber colleges as referred to in Code Chapter 84-4, as amended; to provide for definitions; to amend Code Chapter 84-99, enumerating the crimes relating to the several ex amining boards under the jurisdiction of the Joint-Secretary, State Examining Boards, as amended, so as to provide that it shall be unlawful for any person or persons, firm, company, partnership, association or corporation, or their agents, officers or directors to operate a mobile barber shop in the State of Georgia; to provide a penalty therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, as amended, is hereby amended by striking Code Section 84-401 in its entirety and inserting in lieu thereof a new Code Section 84-401 to read as follows:
"84-401. The following words when used in this Chapter shall have the following meanings, unless otherwise clearly apparent from the context:
2552
JOURNAL OF THE HOUSE,
"(a) 'Barber' shall mean any person practicing the occupation of barbering;
"(b) 'Barbering' shall mean the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or mechanical appliances, singeing and shampooing the hair or dyeing the hair of any living person for compensa tion;
"(c) 'Barber Shop' shall be any premises where one or more persons engage in the occupation of barbering;
"(d) 'Manicurist' shall be defined as any person who grooms or polishes the nails of a human for compensation;
"(e) 'Barber School' or 'Barber College' shall mean any business entity that trains or instructs more than one person for compensation in the occupation of barbering."
Section 2. Said Code Chapter is further amended by striking Code Section 84-404 in its entirety and inserting in lieu thereof a new Code Section 84-404 to read as follows:
"84-404. The Georgia State Board of Barbers shall have power:
"(1) to administer the provisions of this Chapter;
"(2) to make such rules and regulations as are necessary to administer the provisions of this Chapter;
"(3) to make rules and regulations necessary for the performance of their duties;
"(4) to adopt rules and regulations prescribing the sanitary require ments of barber shops and barber schools and colleges; and
"(5) to exercise any power usually granted to such Board, necessary to its usefulness, which is not in conflict with the Constitution and laws of this State.
"Rules and regulations adopted by the Board prescribing sanitary re quirements for barber shops and barber schools and colleges shall be subject to approval of the State Board of Health. The Board shall cause all rules and regulations and any subsequent revisions thereof to be printed and at least one copy thereof transmitted to each barber shop and barber school and college registered with the Board. It shall be the duty of every person to whom a certificate of registration has been issued to operate a barber shop or a barber school or college to keep a copy of the rules and regulations relating to sanitary requirements posted in a conspicuous place in his place of business so as to be easily read by his customers. It shall be the duty of every person to whom a certificate of registration has been issued to
INTERIM COMMITTEE REPORTS
2553
operate a barber shop or a barber school or college to retain all other rules and regulations adopted by the Board at the place of business for which such certificate of registration was issued and cause each new barber, manicurist or other person regulated by the provisions of this Chapter to familiarize himself with such rules and regulations. Such rules and regulations shall also be exhibited to any customer requesting to see the same."
Section 3. Said Code Chapter is further amended by adding after Code Section 84-404 a new Code Section to be known as Code Section 84-404.1 to read as follows:
"84-404.1. The Board shall have authority to approve the curriculum of all barber schools and barber colleges; to provide for the revision of such curriculums; to approve courses of study for all barber shops, barber schools and colleges and provide for the revision of such courses of study and to provide rules and regulations for the supervision of all barber shops, barber schools and colleges.
"In prescribing the curriculum of study for students in training in barber schools or colleges and in approving or prescribing a course of study for apprentices in training in barber shops, the Board shall not approve any curriculum, course of study or training schedule for any apprentice or student that will require such an apprentice to work more than five days per week and eight hours per day or require any student to pursue his training including actual experience for more than five days per week and eight hours per day."
Section 4. Said Code Chapter is further amended by adding after Code Section 84-404.1 a new Code Section to be known as Code Section 84-404.2 to read as follows:
"84-404.2. The Georgia State Board of Barbers shall have the authority to require the owners, agents, officers, directors or other authorized persons engaging in the business of operating barber schools or colleges or barber shops wherein apprentices are in training to submit information to the Board on a quarterly basis. Such information shall include the class schedules or hours apprentices are required to work, roster of students or apprentices, hours credited to students or apprentices, the method of grading such students or apprentices, the supervision received by such students or apprentices while in training and such additional information as the Board might require in order to ascertain that students or apprentices are receiving training that will adequately qualify them for the occupation of barbering."
Section 5. Said Code Chapter is further amended by adding after Code Section 84-404.2 a new Code Section to be known as Code Section 84-404.3 to read as follows:
"84-404.3. The Secretary of the State of Georgia shall employ four (4) inspectors, with the approval of the Governor, who shall be employed on a full time basis and selected subject to the following regulations:
"To be employed as an inspector, a person shall have had at least three (3) years experience as a master barber; and currently hold a valid license
2554
JOURNAL OF THE HOUSE,
as a master barber; and shall have attained the age of twenty-one (21) years.
"Inspectors shall receive three hundred and seventy-five ($375.00) dol lars per month and shall receive in addition actual traveling expenses, plus mileage, as provided by law for State employees. Inspectors shall serve at the pleasure of the Secretary of the State of Georgia and the Governor.
"Inspectors shall direct reports to the Board and the Joint Secretary, State Examining Boards, weekly. In all respects pertaining to their duties, inspectors shall be answerable to the Board and the Joint Secretary, State Examining Boards.
"The salary and expenses of inspectors shall be paid from fees collected by authority of the Board.
"Any inspector shall have power to enter and make reasonable exam ination 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.
"Any barber shop, barber school or college in which tools, appliances and furnishings used therein are kept in an unclean and unsanitary condi tion, so as to endanger health, is hereby declared to be a public nuisance and the proprietor thereof shall be subject to prosecution and punishment therefor. Said Board shall have authority to require employees in such shops to annually stand a physical examination.
"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 elect to do so."
Section 6. Said Code Chapter is further amended by striking Code Section 84-409 in its entirety and inserting in lieu thereof a new Code Setcion 84-409 to read as follows:
"84-409. Any person desiring to obtain a certificate of registration under the terms of this Chapter, shall make application through the JointSecretary, State Examining Boards, to the Georgia State Board of Barbers therefor, shall satisfy said Board that he is free from infectious and con tagious diseases, and shall pay to said secretary an examination fee of thirty ($30.00) dollars, and shall present himself at the next meeting of said Board held for examination of applicants; and if upon such exam ination it shall be made to appear that said applicant is above eighteen (18) years of age, of good moral character, has been a resident of the State of Georiga for at least six (6) months, is free from contagious and infectious diseases, and has completed a 1500 hour study course at an accredited school, or has served as an apprentice in a barber shop for a period of at least 3,000 hours under a barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber or under an instructor who has had at least three (3) years experience and who has been a master barber for a period of at least three (3) years, and has practiced or studied the
INTERIM COMMITTEE REPORTS
2555
occupation of a barber and is possessed of the requisite skill in said occu pation to properly perform all the duties of the occupation, including his ability in the preparation of tools, in performing the services mentioned in Section 84-401, and in all the duties and services incident thereto, a certifi cate of registration stating that applicant is a master barber shall be issued to him entitling him to practice the occupation of a barber. Should an appli cant under this section fail to pass such an examination, the said Board shall furnish him a statement in writing, stating wherein said applicant was deficient. Nothing in this Chapter shall be construed to debar appli cants from making subsequent applications to qualify under this section, provided they shall again pay the required examination fee of thirty ($30.00) dollars and are otherwise qualified. All persons making application for examination under this Chapter shall, if free from infectious and contagious diseases, be allowed to practice the occupation of barbering until the next meeting of the Board held for the examination of applicants and the Board shall issue a permit authorizing him to so practice said occupation until the said meeting. Should an applicant have a license or certificate of regis tration in force as a practicing barber from another State, which has sub stantially the same requirement for licensing and registering barbers as required by this Chapter and which has reciprocal relations, pertaining to said occupation with this State, has furnished satisfactory proof that he is free from infectious and contagious diseases and has paid to the JointSecretary, State Examining Boards, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration entitling him to practice the occupation of a barber subject to the terms and provisions of this Chapter."
Section 7. Said Code Chapter is further amended by striking Code Section 84-409.1 which reads 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 be comes law is performing any of the functions relating 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 certificate by the Board upon application therefor and the pay ment 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 applicant and the fee, the Board shall grant such applicant a certificate of registration.",
in its entirety.
Section 8. Said Code Chapter is further amended by striking Code Section 84-410 in its entirety and inserting in lieu thereof a new Code Section 84-410 to read as follows:
"84-410. Nothing in this Chapter shall prohibit any person over the age of sixteen (16) years and who has been a resident of the State of Georgia for at least six (6) months from learning said occupation under a barber,
2556
JOURNAL OF THE HOUSE,
providing said barber has had at least three (3) years experience and has for three years held a license stating he is a master barber; or under an instructor in a barber school or college who himself has been a master barber for a period of at least three (3) years and has registered under this Chapter. Every such person desiring to so learn said occupation shall file with the Joint-Secretary, State Examining Boards, a statement in writing showing his name, address, that he has been a resident of the State of Georgia for at least six (6) months, the place of business of his employer or instructor, and shall pay to said Secretary a fee of five ($5.00) dollars, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said occupation. Provided further, that any apprentice who fails to renew his or her certificate of registration on or before the 31st day of December of each year, his or her certificate of registration shall be automatically revoked and the holder of such certificate of registration shall be disqualified to pursue his training as an apprentice. No application for reinstatement or for a new certificate of registration shall be received by the Board unless such application for reinstatement is accompanied by all fees owing from the date of said re vocation to the date of the application for reinstatement, the fee for the certificate of registration for the current year and a reinstatement fee of five ($5.00) dollars, all of which shall be paid to the Joint-Secretary, State Examining Board."
Section 9. Said Code Chapter is further amended by adding after Code Section 84-410 a new Code Section to be known as Code Section 84-410.1 to read as follows:
"84-410.1. .Apprentices learning the occupation of a barber in a barber shop shall be supervised by at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber for each apprentice and no barber shop shall have more than one apprentice.
"Students learning the occupation of barbering in a barber school or college shall not render any services to the public, except to the students and faculty of such school or college, unless while rendering such services, such students are under the supervision of at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber or under the super vision of an instructor of such barber school or college who, himself, has had at least three (3) years experience and has been a master barber for a period of three years for each five (5) students or less. Such supervisor shall not perform any other duties or pursue the occupation of barbering while performing his duties as such supervisor."
Section 10. Said Code Chapter is further amended by striking from Code Section 84-411 the following:
"Provided, further, that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint Secretary, State Examining Board, to the Georgia State Board of Barbers, for examination and shall pay to the Joint Secretary of the Examining Board, together with his or her application, the sum of thirtyfive ($35.00) dollars as examination fee, and, upon said examination, shall
INTERIM COMMITTEE REPORTS
2557
satisfy the Board that he or she holds a current master's license and also holds a diploma or certificate of fifteen hundred (1500) hours from a recog nized school, and pass an examination satisfactory to said Board:"
and inserting in lieu thereof the following:
"Provided further, that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint-Secretary, State Examining Boards, to the Georgia State Board of Barbers, for examination and shall pay to the Joint-Secretary, State Examining Boards, together with his or her application, the sum of thirtyfive ($35.00) dollars as examination fee, and, upon successfully passing said examination, satisfying the Board that he or she holds a current certificate of registration as a master barber, has had at least three (3) years experience and holds a diploma or certificate showing that he has completed at least 1500 hours in a school registered with the Board or some other school recognized by the Board and possesses all other qualifi cations required by the Board, shall be issued a license to teach or instruct in a barber school or college."
and by striking the last paragraph of said Section which reads as follows:
"Provided further, those now serving as apprentices or enrolled in school shall not be required to have 1500 hours but only 1200 hours." in its entirety, so that when so amended, Code Section 84-411 shall read as follows:
"84-411. Except as otherwise provided in this Chapter, all barber schools or colleges shall have not less than one instructor for every twenty (20) classsroom students or a fraction thereof, and all barber schools shall keep permanently displayed a sign 'Barber School' or 'Barber College' as the case may be: Provided, that all barbers, barber schools or colleges, who shall take an apprentice or student, shall file immediately with the Georgia State Board of Barbers through the Joint-Secretary, State Examining Boards, the name and age of such apprentice or student, and the said Board shall cause the same to be entered on a register kept by such secre tary for that purpose: Provided, that any person having practiced the occupation of a barber continuously for a period of not less than three (3) years, desiring to operate or conduct a barber school or college, shall first secure from said Board a permit to do so, and shall keep the same prominently displayed in such school or college, and said Board shall have the right to pass upon the qualifications, appointments, course of study, and hours of study in said barber school or college; and the said Board shall have the right to revoke the certificate, permit, or license of any such barber school or college, instructor, or teacher therein for the violation of any of the provisions of this Chapter. The Board shall have the same power and authority as to rules, regulations, and inspection as to sanitary conditions over barber schools or barber colleges as it has over barber shops. All such signs referred to above shall also display the words 'Service by Students Only.' Where service is rendered by students, no commissions or premiums shall be paid to such students for work done in said schools or colleges, nor shall any person be employed by such colleges or schools to render professional service to the public, and all teachers or instructors shall devote their entire time to instruction of students. Provided further,
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that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint-Secretary, State Examining Boards, to the Georgia State Board of Barbers, for examination and shall pay to the Joint-Secretary, State Examining Boards, together with his or her application, the sum of thirty-five ($35.00) dollars as ex amination fee, and, upon successfully passing said examination, satisfying the Board that he or she holds a current certificate of registration as a master barber, has had at least three (3) years experience and holds a diploma or certificate showing that he has completed at least 1500 hours in a school registered with the Board or some other school recognized by the Board and possesses all other qualifications required by the Board, shall be issued a license to teach or instruct in a barber school or college. Pro vided further, that any teacher or instructor shall renew his or her license each year by remitting with the application a renewal fee of twenty-five ($25.00) dollars. Provided further, that any teacher or instructor who fails to renew his or her master's license as a barber on or before the 31st day of December of each year, his or her license to teach or instruct shall be automatically revoked; and all barber schools and colleges are required to keep posted at a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the Georgia State Board of Barbers."
Section 11. Said Code Chapter is further amended by adding after Code Section 84-412.1 a new Code Section to be known as Code Section 84-412.2 to read as follows:
"84-412.2. The State Board of Barbers may refuse to grant a certificate of registration to any barber, manicurist or any person or persons, firm, company, partnership, association or corporation or their agents, officers or directors engaging in the occupation of barbering, engaging in the occu pation of a manicurist or operating a barber school or college, and it shall have the power, and it shall be the duty of the Board to suspend for a specified time to be determined in the discretion of the Board or revoke any license to engage in the occupation of barbering, engage in the occu pation of a manicurist or operating a barber school or college in the State of Georgia on the following grounds:
"(1) The intentional use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice, in connection with any of the licensing requirements as provided for in this Chapter.
"(2) The commission of a crime involving moral turpitude; the con viction of a crime involving moral turpitude shall be conclusive evidence of the commission of such crime and a fine or sentence based on a plea of nolo contendere shall be equivalent to conviction. For the purpose of this section a conviction, plea of guilty or plea of nolo contendere to a charge or indictment by either Federal or State Governments for income tax evasions shall not be considered a crime involving moral turpitude.
"(3) The practice of barbering under a false or assumed name or the impersonation of another barber of a like or different name.
"(4) Habitual intemperance in the use of ardent spirits, narcotics, or
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stimulants to such an extent as to render the licentiate unsafe or unfit for the performance of his occupation, teaching or training.
"(5) Use of untruthful or improbable statements, or flamboyant or extravagant claims concerning such licensee's excellence of abilities.
"(6) The advertising of the ability of a person as a barber or mani curist and the advertising of barber schools or colleges in any unethical or unprofessional manner.
"(7) Willful or repeated violation of any of the provisions of this Chapter or the rules and regulations of the Georgia State Board of Barbers adopted pursuant to the provisions of this Chapter.
"(8) Sustaining any physical or mental disability which renders any person unable to pursue the occupation of barbering, as a manicurist or to properly train or instruct apprentices or students in the occupation of barbering.
"(9) The performance of any dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public.
"(10) Knowingly performing any act which in any way assists any unlicensed person or persons, firm, company, partnership, association or corporation, or their agents, officers or directors to engage in the occu pation of barbering or in the operation of a barber school or college or allowing another to use his certificate of registration to engage in the occupation of barbering or in the operation of a barber school or college.
"(11) Violating or attempting to violate, directly or indirectly or as sisting in or abetting the violation of or conspiring to violate any provision or terms of this Chapter.
"Said Board may, upon satisfactory proof made, that any applicant or licentiate has been guilty of any of the offenses above enumerated, refuse to grant a license to said applicant and shall have the power, pursuant to the provisions of this Chapter relative to notice and hearing, to suspend for a specified time to be determined by the discretion of the Board, or revoke the license of, said licentiate upon a majority vote.
"The Joint-Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Chapter as he, or the Georgia State Board of Barbers, or any solicitor general, may deem necessary or advisable; and the results of all investigations shall be reported to and the records thereof shall be kept by the Georgia State Board of Barbers.
"If any persons holding a license to practice barbering in this State shall by any final order of adjudication by any court of competent jurisdic tion, be adjudged to be mentally incompetent or insane, the certificate of registration or license of such certificate holder or licentiate shall auto matically be suspended by the Georgia State Board of Barbers upon filing
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with them a certified copy of such adjudication and nothing in this Chapter to the contrary notwithstanding such suspension, shall continue until the licentiate is found or adjudged by such court to be restored to reason or until he is duly discharged as restored to reason in any other manner pro vided by law."
Section 12. Said Code Chapter is further amended by striking from the first paragraph of Code Section 84-414 the following:
"The Board is hereby authorized and directed to issue a certificate of registration to each shop, school or college so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the regis tered shop, school or college.",
and inserting in lieu thereof the following:
"The Board is hereby authorized to issue a certificate of registration to each barber shop and barber school or college so registering and paying such fee. The certificate of registration shall be displayed in a conspicuous place in the barber shop or barber school or college to which such certificate was issued.",
and by striking the last paragraph of said Code Section which read as follows:
"Any person or persons who are legally engaged in the operation 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 registration for such shop, school or college, if said request and fee is submitted 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.",
in its entirety, so that when so amended, Code Section 84-414 shall read as follows:
"84-414. All barber shops shall be registered with the Joint-Secretary, State Examining Boards, by the owner or manager thereof on or before July 1st of each year. Said registration shall be made in letter form and shall include the name and location of the barber shop; the name and address of the owner; and the names and addresses of all employees of the shop at the time of registration; and shall be accompanied by a registration fee of five ($5.00) dollars for the first year of doing business and a fee of five ($5.00) dollars each year thereafter, to take effect on July 1, 1963. All barber schools and barber colleges shall register with the Joint-Secretary, State Examining Boards, by the owner or manager thereof on or before July 1, 1963, and each year thereafter. Said registration shall be made in letter form and shall include the name and location of the barber schools or colleges; the name and address of the owner; and the names and ad dresses of all employees of the schools or colleges at the time of registration and shall be accompanied by a registration fee of one hundred ($100.00) dollars for the first year of doing business and a fee of fifty ($50.00) dollars
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each year thereafter, to take effect on July 1, 1963. The Board is hereby authorized to issue a certificate of registration to each barber shop and barber school or college so registering and paying such fee. The certificate of registration shall be displayed in a conspicious place in the barber shop or barber school or college to which such certificate was issued."
Section 13. Said Code Chapter is further amended by adding after Code Section 84-414 as new Code Section to be known as Code Section 84-415 to read as follows:
"84-415. No person shall be issued a certificate of registration or license under this Chapter unless such applicant can pass a written examination, the same to be prescribed by the Board, and the decision of the Board there upon shall be final. Any barber shop accepting an apprentice or any barber school or college accepting a student who cannot qualify for the written examination under the provisions of this Section, shall be liable for treble the amount such barber shop, barber school or college has accepted from such person as a training or tuition fee."
Section 14. Said Code Chapter is further amended by adding after Code Section 84-415 a new Code Section to be known as Code Section 84-416 to read as follows:
"84-416. Notwithstanding any other provisions of this Chapter to the contrary, all fees for certificates of registration or licenses shall be paid on or before the date provided by this Chapter. Upon failure to renew such certificate of registration or license and to pay the prescribed fee therefor on or before such dates, such certificate of registration or license shall stand automatically revoked and the holder of such certificate of registration or license shall be automatically disqualified to pursue the purposes for which such certificate of registration or license was issued. A certificate of regis tration or license may be reinstated by filing an application for reinstate ment, satisfying the Board that applicant continues to possess the qualifi cation or purposes for which such certificate of registration or license was issued and the payment of a fee equal to all fees owing the Board from the date of revocation to the date of the application for reinstatement, the fee for the certificate of registration or license for the current year and a reinstatement fee of five ($5.00) dollars, all of which shall be paid to the Joint-Secretary, State Examining Boards."
Section 15. Said Code Chapter is further amended by adding after Code Section 84-416 a new Code Section to be known as Code Section 84-417 to read as follows:
"84-417. The Georgia State Board of Barbers, its agents and employes, is hereby declared to be a quasi-judicial body and the members and its em ployees thereof are granted immunity from civil liability when acting in the performance of their offiical duties."
Section 16. Said Code Chapter is further amended by adding after Code Section 84-417 a new Code Section to be known as Code Section 84-418 to read as follows:
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"84-418. Whenever it shall appear to the Georgia State Board of Bar bers that any person or persons, firm, company, partnership, association or corporation or their agents, officers or directors are or have been vio lating any of the provisions of this Chapter, or any other laws of the State of Georgia relating to the State Examining Boards or the occupation of a barber, manicurist, operators of a barber shop, operators of a barber col lege or barber school, or any other activity wherein such occupation is usually pursued, said Board may on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the Board in the proper superior court of this State against any such person or persons, firm, company, partnership, association or corporation or their agents, officers or directors, for the purpose of enjoining any such violation. It shall not be necessary that the Board allege or prove that it has no ade quate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the Board has, and shall be in addition to any right of criminal prosecution provided by law."
Section 17. Code Chapter 84-99, enumerating the crimes relating to the several examining boards under the jurisdiction of the Joint-Secretary, State Examining Boards, as amended, is hereby amended by adding after Code Sec tion 84-9971 a new Code Section to be known as Code Section 84-9972 to read as follows:
"84-9972. Any person or persons, firm, company, partnership, asso ciation or corporation or their agents, officers or directors operating a mobile barber shop in the State of Georgia shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished as provided by law." Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.
REPORT OP THE MUNICIPAL STUDY COMMITTEE
INTRODUCTION
The Municipal Study Committee was created by House Resolution 558 and the Speaker appointed as members of the Committee, Representatives J. Floyd Harrington of Baldwin, Mitchel P. House, Jr. of Bibb, Charles C. Smith of Caniden, Bart E. Shea of Chatham, Henry R. Milhollin of Coffee, A. S. Johnson, Sr. of Elbert, A. Sid Newton of Jenkins, Emory L. Rowland of Johnson, Haygood Keadle of Lamar, J. Paul Sinclair of Macon, Harold G. Clarke of Monroe, George B. Brooks of Oglethorpe, William E. Blair of Sumter, Ed Fulford of Terrell, and Wayne Snow, Jr., of Walker. Representative Sinclair of Macon was appointed Chairman and at the organizational meeting Representative Row land was elected Vice-Chairman and Representative Snow was elected Secretary.
Th magnitude of the many problems besetting the municipalities was best revealed from the testimony of City Clerk Dorsey Jones of Tallapoosa, Georgia when he stated, "Not having no money do make it a little unhandy". Urban growth and the increasing demands placed on municipalities for immediate services resulting from such growth, without comparative avenues of increased revenue, presented a graphic picture of the difficult financial circumstances in which the cities of Georgia find themselves whether they be small or large.
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Rigid State laws in the public interest such as the Uniform Traffic Code, Requirements for sanitary treatment of sewage for health and conservation purposes, and the general preemption of municipalities from other forms of taxation by the State with the exception of the ad valorem tax, have greatly multiplied the plight of the municipalities of Georgia. The situation has been further aggravated by the continued increase in the general automobile traffic on the city streets and the withdrawal of business from the downtown areas of municipalities into urban areas outside the city limits.
It is evident from the testimony which the Committee has heard from repre sentatives of every section of Georgia, that the Georgia Municipal Association and the Association of County Commissioners continue to be at arms length on many problems, the solution to which can only be found when the two asso ciations work in closer harmony for the mutual benefit of both the citizens of the cities and the fringe and rural areas surrounding the municipalities.
In order to fully apprise itself of the local needs of municipalities and to enable a broad study of the problems from the smallest towns to the largest cities, the Committee held public hearings in Atlanta, Macon, Carrollton, Athens, Savannah and Albany, Georgia. The problems presented were largely the same, the only difference being one of degree. The Committee studied records from other States and sought the advice and counsel of experts in the fields of plan ning, home rule, direct grants to municipalities, boundary adjustment, current sewage, street, drainage, law enforcement, fire protection, maintenance, and various related problems. The Committee found that the State of Georgia does less for its municipalities than any of our neighboring States, to wit:
IN TENNESSEE--One cent of the gas tax is returned to the municipality from which collected; the citizens of Chattanooga, Tennessee, as an example, receive $13.03 per capita as a direct grant from the State; cities in Ten nessee are permitted to levy a 1% sales tax on local option; a cigarette tax of one cent on each package can be levied by the municipality; a liquor tax which is approximately 5% of the sale price is levied, the same being pro-rated around the entire State to the municipalities.
IN ALABAMA--The State distributes $2.09 per capita directly back to the municipality; the State allows a local municipal sales tax up to 3%; a utility tax; and a four cent tax on each pack of cigarettes sold can be levied.
IN FLORIDA--Municipalities realize a direct return from the State of $10.92 per capita. The cities also receive 44 million dollars annually from local cigarette tax.
IN SOUTH CAROLINA--The municipalities receive a direct grant from the State of $3.84 per capita.
IN NORTH CAROLINA--The municipalities receive a direct grant of $11.68 per capita.
The Committee points out the foregoing facts not to suggest that Georgia open a flood gate in allowing municipalities to enter other areas of taxation, but to emphasize the past neglect of our State in failing to make a substantial return to the citizens of the municipal areas for the large contribution that the
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urban incorportaed areas make to the financial stability and the general welfare of this State as a whole. Because of the broad base of the tax structure and the efficient means of collection on the State level, the committee feels at this time that the municipalities can be best assisted by the State in the form of direct grants.
Although the Committee has heard voluminous reports and has examined and studied numerous pamphlets, bulletins and other materials, it is virtually impossible to fully explore in this report the full scope of the reports, statements and extensive testimony which has been presented to the Committee. However, copies of such statements, reports and the minutes of the meetings of the Com mittee are on file in the office of the Legislative Counsel for the inspection and further study of the membership of the General Assembly. There follows in the order of their importance, the findings and recommendations of the Committee:
GRANTS OF FUNDS TO THE MUNICIPALITIES
In each municipality in the State from which the Committee received testi mony, there was a backlog of existing current needs which could not be alleviated because of a general lack of funds. Although a surprisingly large number of municipalities have undergone a property re-evalution program, even in counties where the program has not been undertaken by the county, there are many cities that have failed in their obligations to fairly assess the property for ad valorem taxation purposes.
From the testimony received, the municipalities evidenced great need in the areas of street construction, maintenance, resurfacing, sewage disposal plants, extension of sewage trunk lines, housekeeping needs such as additional police men with higher pay, improved fire protection, urban renewal participation, recreation, parks, sidewalks, curbs, and storm drains which in most areas were found to be either non-existant, inadequate or joined with a sewage system such as in Savannah, thereby creating both a health problem as well as a totally inadequate system especially in times of flooding. Traffic control devices in most of Georgia's municipalities are out-dated and do not conform to the re quirements of the Uniform Traffic Code, and enormous amounts of money are involved in the rebuilding of older devices or the purchasing of new ones.
The Committee finds that the needs of the municipalities of Georgia are so great that they warrant an annual direct grant appropriation of $9,317,013.03, and we so recommend, urging that this recommendation be implemented as expeditiously as practicable, and to be allocated as proposed in the bill as recom mended by this Committee and be administered by the State Treasurer. Such grants shall be for the purposes of fulfilling their responsibility to construct and maintain a system of public roads, streets, sidewalks, bridges and appur tenances, and to provide personnel and equipment to control and accommodate the flow of traffic thereon. The Committee, therefore, incorporates into this report the attached bill designated as Exhibit "A".
Funds now being diverted into said areas by the municipalities could be used to provide better housekeeping operations, sewage extension and disposal units, adequate police protection, pay, and fire protection.
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When substantial grants are made available to the municipalities, they should be entitled to withdraw their social security deposits from the State Agency in a like manner as counties are now permitted to do, and that appro priate legislation to facilitate this withdrawal be introduced.
HOME RULE
The current problems besetting the General Assembly due to the necessity of reapportionment gave new emphasis to the area of Home Rule. In some in stances there is a prospect that one representative will reprsent more than one county. Situations of this sort will aggravate the already burdensome field of local legislation. Under a Home Rule Constitutional Amendment enacted into effect in 1954, there is sufficient authority for the passage of enabling legisla tion implementing the constitutional provisions as the same relates to munici palities.
The Committee reviewed the subject of Home Rule in its entirety by acknowl edging that a uniform law governing all municipalities which is now non-existent would be desirable and that any such bill should be specific in spelling out exactly what a municipality could do and what it could not do. The present municipal charters are all different and the difference often results in confusion as to the laws of different cities. It was conceded and agreed that the General assembly needed to remain a check and balance and retain control in many areas such as the field of taxation, boundary adjustment, matters dealing with criminal law, and that proper safeguards should be made available to the citizens of a municipality so that a right of revocation of an undesirable ordinance passed by a city could be revoked by its citizens. Such provisions, checks and balances are contained in the bill attached to this report as Exhibit B and the same is recommended for passage by the Committee in the next session of the General Assembly. The bill is substantially the same as the provisions contained in the proposed constitution and passed by the General Assembly in the Special Session of 1964. The advantage of this bill is that by being statutory rather than a con stitutional amendment, it will have a testing period after passage, and areas of needed change can be made by the General Assembly without requiring a constitutional amendment.
PLANNING IN GENERAL
The Committee received the testimony of a large number of experts in the field of planning, revealing that Georiga has 180 planning commissions oper ating within the State. Of these, 45 are joint city-county planning commissions, 115 cities with planning programs independent of the counties and 11 counties with planning programs independent of the cities.
The Committee discovered that the State of Georgia has more joint citycounty planning commissions than are to be found in any other State. The program is assisted by the Federal Government through the Urban Planning Assistance Program wherein the Federal Agency provides two-thirds of the funds matched by a one-third non-federal source derived from state, county, city or private means. The program is in some danger of being seriously curtailed in that the Congress reduced its appropriation for this field from $19,000,000 to $11,350,000 for this year.
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The area planning commissions in Georgia are working in the following areas: tourist, local and regional development, and water resources. Proper planning would envelope the areas of (1) population, employment and labor force; (2) income, retail and wholesale trade; (3) existing manufacturers; (4)' economic facilities; (5) natural resources; (6) economic development potentials.
It is strongly felt by those actively engaged in the planning commissions that a State Planning Commission is needed. Such a centralized planning com mission would:
(1) Aid the Governor and the General Assembly in promoting legislation in the field of planning and making suggestions as to what should be done based on actual needs as shown by thorough study.
(2) Make population studies showing trends and would make predictions for the future.
(a) Would be an over-all study for benefit of all departments of State government rather than for a single department.
(3) Work in conjunction with other departments of State government rather than duplicating studies being made by several departments separately.
(a) Individual departments of State government lack the skill, the staff and the time to do long range planning.
(4) Would make a long range program of public works with ultimate objective being a general plan for development of the entire state.
It is recognized that the Department, of Industry and Trade within its present limitations is unable to properly coordinate the efforts of the various planning commissions and is prevented from actually engaging in State plan ning. Planning commissions are hampered in procuring experts in the field because of the lack of funds and competitive pay. Though large numbers of qualified students are annually being graduated from Georgia Tech, they are attracted to other States because of higher pay scales.
The Department of Industry and Trade now has the responsibility of pro viding financial and technical assistance to consumer groups throughout the State, but because of a limited staff and the work load, Georgia has not received all of the Federal funds for which we would be entitled on a matching fund basis. With the decrease in the Federal appropriation, every effort should be made to guarantee that Georgia will get all of the 701 funds which would be available. The Committee feels that unless our professional staff in the Depart ment of Industry and Trade is increased, we are jeopardizing our 701 funds now being received by the local planning commissions and we recommend that the General Assembly provide sufficient funds to the Department of Industry and Trade so that they may increase their professional staff sufficiently to meet the standards so as to continue to receive the State's share of the Federal funds.
The Committee further recommends that a special committee be appointed
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2567
to study the need for a State Planning Commission, separate and apart from any department of State government, but that presently the program be con tinued in the Department of Industry and Trade. A State Planning Commission
would be advisory in nature only.
EXTRA TERRITORIAL PLANNING AND ZONING
There are presently in Georgia statutory provisions enabling cities and counties to join together for the purposes of planning and zoning. The Committee in its study of these problems found as follows:
(1) Legislation in this field would only affect cities and counties which do not presently have joint planning and zoning programs through local enabling legislation.
(2) General lack of exercise of control and sound development of areas immediately adjacent to the cities of Georgia.
(3) One mile radius from city limits would be the affected area for joint planning and zoning.
(4) Both municipality and persons in affected area would be on the planning board.
(5) Such legislation would be of equal benefit to both the cities and the counties.
Those who favor such legislation in the area of planning and zoning say:
(a) In the event of annexation, in areas where there has been proper planning, utilities would not have to be replaced--streets would be orderly and meet specifications.
(b) Such legislation would not tell someone to move something that is already there. Would curtail an increase in undesirable businesses.
(c) Would promote an orderly manner of development. Presently a great absence of control over the fringe areas outside the cities.
Those who oppose such legislation in the area of planning and zoning say:
(a) Such a law might simply be a revenue raising measure with no en forcement, thereby failing to assure proper standards for building permits, plumbing inspections, electrical inspections, etc.
(b) Such legislation would limit use of a person's property for the purposes of the individual, but would be limited in use to the purposes for which zoned. This would be taking away the property rights of owners.
(c) Why should the city not, now, annex the adjacent territory instead of going through the motions of zoning and planning?
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The Committee is of the opinion that sufficient law now exists for those areas which would desire to adopt the planning and zoning provisions. The Committee recommends that those areas of the State interested in such legislation take advantage of the statutory provisions now available. However, the Com mittee feels that because of the differences which exist between the governing authorities of the municipalities and counties of this State relative to the zoning and planning laws, that a joint effort should be made at the municipal and county level to reconcile these differences and, if necessary, legislation be spon sored to accomplish this purpose.
RADAR FOR MUNICIPALITIES
The Committee found a great deal of sentiment in the various municipalities of Georgia to the effect that they feel unjustly penalized because of the abuse of radar by which some municipalities established widely known "speed traps". It was pointed out to the Committee by the city of Rossville, Georgia and the city of Savannah, Georgia that their problems with speed regulation have multiplied since radar was prohibited to the cities. This problem is presently being studied by the Safety Study Committee.
This Committee deems it advisable not to make recommendations in this area due to the intensive study and investigation being made by the special committee thereon.
BOUNDARY ADJUSTMENT
Boundary Adjustment legislation continues to be a pressing need in Georgia. This Committee recognizes the need and recommends that studies be continued with the objective of attempting to solve the problems resulting from the population explosion and the exodus from the municipalities of many qualified and capable citizens who could contribute much leadership to the municipalities during these changing political and social times. People within and without municipal limits must respect the rights, the limitations and the objectives of one another and must work together to attempt to alleviate the problems which are the product of the whole.
The committee appreciates the assistance of the Georgia Municipal Associa tion which was most helpful in having different groups appear before the Committee and our appreciation is also extended to the Mayors, City Managers, Councilmen, City Clerks, and the other Municipal Officers who shared with us the benefit of their experiences, their needs, as well as many successes and accomplishments in the field of municipal government. Particular appreciation is also extended the Office of Legislative Counsel for their counsel and assistance.
RESPECTFULLY SUBMITTED,
/s/ J. Paul Sinclair Sinclair of Macon, Chairman
/s/ Emory L. Rowland Rowland of Johnson, Vice-Chairman
/s/ Wayne Snow, Jr. Snow of Walker, Secretary
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/a/ Harold G. Clarke Clarke of Monroe
/c/ Henry R. Milhollin Milhollin of Coffee
/s/ J. Floyd Harrington Harrington of Baldwin
/s/ A. S. Johnson, Sr. A. S. Johnson, Sr. of Elbert
/s/ Mitchel P. House, Jr. Mitchel P. House, Jr. of Bibb
/s/ Haygood Keadle Keadle of Lamar
EXHIBIT "A"
A BILL
To be entitled an Act to provide for grants to certain incorporated munici palities of this State for the purpose of aiding in the construction and mainten ance of the streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to provide the procedure connected therewith; to repeal an Act relating to grants to incorporated municipalities, approved October 8, 1962 (Ga. Laws 1962, Sept. - Oct. Extra Sess., p. 33), as amended particularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 441) ; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. It is hereby declared to be the purpose and intent of the General Assembly that State funds be made available to the governing bodies of certain incorporated municipalities of this State to aid them in fulfilling their responsi bility to construct and maintain a system of public roads, streets, sidewalks, bridges and appurtenances, and provide personnel and equipment to control and accommodate the flow of traffic therein, and funds made available under this Act shall be used for such purposes and not otherwise.
Section 2. To the extent funds are made available by the Budget Authorities pursuant to the General Appropriations Act of 1965, or to the extend funds are made available by any future law, for the purposes set out in Section 1 hereof, the State Treasurer is authorized and directed to grant such funds to the incorporated municipalities of this State, as defined herein, on the following basis:
(a) An amount equal to five ten-thousandths of the total sum available at any given time for grants under this Act shall be first determined, and each incorporated municipality whose population is 500 or less shall receive as its total grant such portion of the five ten-thousandths amount so determined as its population proportionately bears to 500. Such grants shall be referred to as "Subsection (a) Grants".
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(b) The amount remaining for distribution after deducting the total amount of Subsection (a) Grants shall then be divided by the total population of all incorporated municipalities whose population exceeds 500 to arrive at a per capita amount. Such per capita amount shall be multiplied, in turn, by the population of each incorporated municipality whose population exceeds 500. Any such municipality whose population when so multiplied equals less than the five ten-thousandths amount as first determined under subsection (a) shall receive as its total grant the five ten-thousandths amount. Such grants shall be referred to as "Subsection (b) Grants".
(c) The amount remaining for distribution after deducting the total amount of Subsection (a) and Subsection (b) Grants shall then be divided by the total population of all remaining incorporated municipalities (eliminating those receiving Subsection (a) and Subsection (b) Grants) to arrive at a per capita amount for such remaining incorporated municipalities. The per capita amount as so determined shall then be multiplied by the population of each such remaining incorporated municipality to arrive at their respective grants. Such grants shall be referred to as "Subsection (c) Grants".
(d) Whenever population is used in this Act it means population as deter mined according to the United States decennial census of 1960 or any future such census.
Section 3. "Incorporated Municipality" as used in this Act shall mean an incorporated municipality the governing body of which has held at least six regular meetings within the twelve months preceding the execution of the certificate required by section 4 hereof, and which has levied taxes or levied fees of any type for the operation of the government of the municipality within the twelve months preceding the execution of the certificate required by section 4 hereof.
Section 4. Each incorporated municipality, as defined herein, shall submit to the State Treasurer a certificate showing the number of regular meetings held within the preceding twelve months by the governing body of the munici pality, and stating that taxes or fees were levied within the twelve months pre ceding such certificate for the operation of the municipal government. Such certificate shall be substantially in the following form:
"Certificate.
The undersigned, Mayor (Chairman of the Commission) of (Official Corpo rate name), does hereby certify that__--_~---________________ regular meetings of the governing body were held during the past twelve months, and that taxes or fees were levied during the past twelve months for the operation of the govern ment of (Official Corporate name). The municipal Treasurer or other official or officials authorized to receive municipal funds is (are)..--,,_____.__.-.------...------.
Attest :
Mayor (Chairman of Commission)
Clerk
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Such certificate shall be executed by the highest elective official, whether designated Mayor or some other term (or by the Chairman of the Commission in those municipalities having a commission form of Government), and attested by the Clerk. The name of the municipality used in the certificate shall be its official corporate name. The name of the municipal Treasurer or other official, or officials, authorized to receive municipal funds shall be listed in the certificate and the instrument transferring funds to the municipality shall be payable to such Treasurer or other official or officials as listed in the certificate.
The information contained in the certificate shall constitute the basis upon which the State Treasurer shall make the distribution of funds under this Act and the Treasurer shall not be liable, either personally or in his official capacity, for any false information contained in any such certificate. Any person willfully and knowlingly signing a certificate containing false information shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a mis demeanor.
Section 5. During the month of June, 1965, and during the month of June of each succeeding year, a certificate shall be filed which shall be the basis upon which payment shall be made of funds made available under this Act for the immediately succeeding fiscal year beginning July 1 and ending June 30. In the event no certificate is filed within the time limitations specified above, the municipality shall not be entitled to and shall not be paid any funds for the applicable period, and such municipality shall not be included in the formula for determining the amount of the grants as provided in section 2 of this Act.
Section 6. Funds distributed under this Act by the State Treasurer shall be paid to the municipality in the name of the municipal Treasurer or other official or officials authorized to receive municipal funds as listed in the certificate required by section 4 of this Act. Such funds shall be expended by the municipality only for the purposes prescribed in section 1 of this Act. A separate account of such funds shall be maintained by each municipality, and the State Treasurer is hereby authorized to promulgate such reasonable rules and regulations as he may deem necessary or desirable to insure that said funds have been expended in accordance with this Act, or that they are on hand and available for such purposes. A certificate executed by the highest elected official of the municipality to the effect that said funds have been expended for the purposes authorized by this Act shall be prima facie evidence of such fact, and the State Treasurer shall accept the same as such without personal or official liability for truthfulness of the information contained in such certificate.
Section 7. An Act entitled "An Act to provide for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to provide the procedure connected therewith; to repeal an Act relating to grants to in corporated municipalities, approved March 6, 1962 (Ga. Laws 1962, p. 641); to repeal conflicting laws; and for other purposes.", approved October 8, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 33), as amended, particularly by an Act approved April 9, 1963 (Ga. Laws 1963, p. 441), is hereby repealed in its entirety. No Act previously repealed shall be restored hereby.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
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EXHIBIT "B"
A BILL
To be entitled an Act delegating home rule powers to the municipalities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; to reserve to the Legislature the creation, dissolution, merger, and boundary changes of municipalities; to delegate to municipalities the legislative power to govern their property, affairs, and local government; to provide procedures for the amendment of municipal charters and for the recording of such changes; to provide that certain powers and authority are specifically reserved to the General Assembly; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act may be cited as the Municipal Home Rule Law.
Section 2. Legislative Intent. It is hereby declared to be the intention of the General Assembly by this Act to delegate to the governing bodies of the municipal corporations of the State such of its legislative powers as will enable them to provide for their own self-government in matters pertaining to their property, local affairs and government, and to relieve the General Assembly of the necessity for acting on matters of primarily local concern for which no pro vision is made by general law. This Act and the powers delegated hereby are expressly declared to be pursuant to the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I.
Section 3. Creation, Dissolution, Merger, Boundary Changes. No municipali ty shall be incorporated, dissolved, merged or consolidated with any other municipality, nor shall the municipal boundaries of any municipality be changed, except by local act of the General Assembly or by such methods as may be pro vided by general law.
Section 4. Home Rule for Municipalities.
(a) The governing authority of each municipality shall have legislative power to adopt reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as in subsection (b). The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this section, except as authorized under subsection (c) hereof.
(b) Except as provided in subsection (c), a municipality may, as an incident to its home rule power, amend its charter by following either of the procedures hereinafter set forth:
1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority not less than
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seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and the office of the clerk of the superior court of the county of the legal situs of said municipality for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph (2) of this subsection or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if provision has been made therefor by general law.
2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to subsection (a) hereof may be initiated by a petition filed with the governing authority of the munici pality containing the signatures of at least ten per centum of the electors of the municipality registered to vote in the last general municipal election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the legal situs of said municipality for the purpose of examination and inspection by the public. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as other wise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. If more than one-half of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if provision has been made therefor by general law.
3. The municipal governing authority shall cause to be filed in the office of the clerk of the superior court of the county which is the legal situs of such municipality a certified copy of any charter amendment adopted under authority
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of this section together with the published notice required by this section, and in the case of an amendment approved by referendum, a copy of the result of such referendum as certified to the Secretary of State. Such a charter amendment shall become effective upon such filing unless a later effective date is provided in the amendment.
(c) The power granted to municipalities in subsections (a) and (b) shall not be construed to extent to the following matters or any other matters which the General Assembly by general laws has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts are otherwise permitted under the Constitution.
1. Action affecting the composition, form, procedure for election or appoint ment, compensation, expenses and allowances in the nature of compensation tenure of office and limitations thereon for members of the municipal governing authority.
2. Action defining any criminal offense or providing for criminal punish ment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State and to prescribe penalties for such ordinance violations.
3. Action adopting any form of taxation beyond that authorized by law on the effective date of this Act.
4. Action affecting the exercise of the power of eminent domain.
5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general laws on the effective date of this Act.
6. Action changing charter provisions relating to the establishment and operations of an independent school system.
(d) The power granted in subsections (a) and (b) of this section shall not include the power to take any action affecting the private or civil law governing private or civil relationships except as is incident to the exercise of an independent governmental power.
Section 5. All laws and parts of laws in conflict herewith are hereby re pealed.
REPORT OF COMMITTEE TO STUDY UNIFORM SALARIES IN STATE GOVERNMENT
INTRODUCTION AND FINDINGS
The Uniform Salary Study Committee was created pursuant to House Resolution No. 558 adopted at the regular 1964 session of the General Assembly of Georgia. The Speaker appointed as members of the Committee, Representa-
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tives D. B. Blalock, Coweta County; Rooney L. Bowen, Dooly County; Truitt Davis, Heard County; James H. Ployd, Chattooga County; Floyd Hudgins, Chattahoochee County; D. W. Knight, Jr., Laurens County; W. Jones Lane, Bulloch County; Gerald H. Leonard, Murray County; Jimmie Rogers, Long County; Ralph R. Underwood, Taylor County; and Wilson B. Wilkes, Cook County. Representative Wilkes was designated as Chairman, and at the organi zational meeting, Representative Lane was elected Vice-Chairman and Representa tive Rogers, Secretary. Representative Wilkes subsequently resigned as a member of the House of Representatives in order to take an appointment as State Budget Officer. After that time, Representative Lane acted as Chairman.
The Committee was created for the purpose of studying the advisability and feasibility of establishing a uniform salary schedule for state officials. At its first meeting, the Committee decided it would be best to concentrate its efforts with relation to the constitutional officers who are elected by the people. There have been numerous complaints in recent years concerning various aspects of Georgia's system of compensating its state governmental officials. A great deal of this criticism has stemmed from the fact that it is rather difficult, if not impossible, to examine any one statute and ascertain the exact amount of compensation received by a particular official. This is particularly true with reference to the elective constitutional officers. A large number of these com plaints have come from members of the General Assmbly when requests for salary increases have been made. Probably the most consistent criticism has concerned the device of payment for service on various boards, commissions, bureaus and similar agencies.
Bills providing for a salary schedule have been introduced in recent years, but for one reason or another have not passed. The last salary Bill in which most of the officials were covered was enacted in 1953. Gradually, however, one official after another has been removed from the purview of this statute until, at the present time, only the Governor and the Auditor, of the orginal officials included, remain under the provisions of the statute. The State Supervisor of Purchases was subsequently included for coverage under the Act. As a result of officials being removed from the Act, the salary system has once more become a hodgepodge.
The Committee has accumulated information on this subject from Alabama, Florida, Kentucky, Louisiana, North Carolina, and South Carolina, and has had the benefit of testimony from almost all the elective constitutional officers. These officials were unanimous in their recommendation that pay for boards and commissions be discontinued. Under the provisions of the 1953 Act referred to heretofore, these officials receive compensation for each four year period of service up to a certain maximum amount. This means that an official after having served sixteen years, for example, would receive more compensation than a person serving his first term. The state officials who appeared before the Committee had a divided opinion as to the advisability of compensation for longevity. There was some feeling that an official was more valuable to the State having served for a number of years, thereby gaining experience and becoming thoroughly familiar with the duties of his office. Others felt, however, that on many occasions a new person might be a better official than one who had been here a number of years. It was the feeling of the Committee that as far as government officials are concerned, longevity should not count. Each official was also requested to give his opinion as to whether salaries should be uniform. Here again, there was no unanimity of opinion. It was the feeling of some of the officials that the duties of the office should enter into consideration
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of compensation. They felt that some officials had considerably more duties to perform and should be additionally compensated. Others felt that the elective constitutional officers should all receive the same sum. They felt that the duties of the various offices should not play too big a part in the compensation scheme and also felt that even so, the responsibilities of each office were tremendous and would not warrant a difference of salary. Of all the states from which the Committee obtained information, only Louisiana failed to provide for uniform salaries among its elective constitutional officers.
The practice in the states varies relative to expenses. For example, one state furnishes automobiles for its officials and also provides an open expense account. Other states provide for payment of actual expenses, while others pro vide for a maximum amount for expenditures per day. Here again, there is no uniformity among Georgia officials. Some of them are paid actual expenses, while others are given a flat annual sum from which they must pay expenses and if they exceed this sum, expenses must be paid from their own funds.
RECOMMENDATIONS AND CONCLUSION
The subject of compensation of the elective constitutional officers is a com plex one and one which is of tremendous importance not only to the affected officials but to the entire State. The members of the Committee realize this and wish to state that they are completely sincere in their efforts to achieve order out of the somewhat chaotic salary system which now exists in Georgia. The Committee knows that the business of state government is the largest in the State, and that in order to attract capable persons to run this business adequate compensation must be provided. On the other hand, the Committee realizes that the money expended comes from public funds paid into the State Treasury by the taxpayers of this State and that the interest of the taxpayers must be protected above all else. The Committee certainly has no thought in mind of penalizing any particular official or showing favoritism toward any other official. The members of this Committee have performed the duties required of them conscientiously and have sought to determine what is best for the State of Georgia. With these ideas in mind and based on the various meetings and hearings conducted by the Committee, the testimony of the officials who appeared before the Committee, the information from other states, and the discussions, study and opinions of the individual members of the Committee, the Committee makes the following recommendations:
(1) The compensation of the constitutional officers who are elected by the people should be uniform. Those officials are:
Attorney General Commissioner of Agriculture Commissioner of Labor Comptroller General Public Service Commission Members Secretary of State State Superintendent of Schools State Treasurer
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2577
The Committee does not wish to make a recommendation as to amount at this time because it feels additional study is needed. Further information is still being sought from other states and the Committee will give this matter more thought and attention. A Bill sponsored by the Committee will be introduced at the 1965 session, and this Bill, of course, will contain a figure.
(2) The Governor should receive more compensation than the other designat ed officials. Here again, the Committee does not wish at this time to give any figure.
(3) The Lieutenant Governor should receive less compensation than the other designated officials. Here again, the Committee does not wish at this time to give any figure.
(4) The Justices of the Supreme Court and the Judges of the Court of Appeals should receive the same compensation as the other designated officials.
(5) No additional compensation should be received for longevity.
(6) No additional compensation should be received for service on boards, commissions, bureaus and similiar agencies.
(7) These officials should be paid for actual expenses incurred in the performance of their duties. This means that no contingent expense allowances would be authorized.
(8) The compensation of other state officials, such as the appointive de partment heads, should continue to be paid in the same manner as before. It is recommended that the appropriations committees of the House and Senate study the budget requests of all departments very carefully and if the compensa tion of any such official is thought to be too large or too small, the department should be made aware of this fact and should be requested to consult with the committees. October, 1964.
Respectfully submitted: W. Jones Lane, Bulloch County Vice-Chairman
REPORT OF THE COMMITTEE TO STUDY PROBLEMS RELATING TO PUBLIC WELFARE
(House Resolution No. 558)
Mr. Speaker, your Committee to Study Problems Relating to Public Welfare wishes to submit the following report:
The Committee assembled at the State Capitol for the initial meeting and discussed numerous subjects and questions for investigation. Each member was requested to submit at a later meeting any matters under the above mentioned title that was of pertinent value to the citizens of the State or the Department of Family and Children Services.
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Mrs. Bruce Schaefer, Director, Department of Family and Children Services, Mr. Charlie Doolittle and Mr. Phil Cawthon were introduced to the Committee and discussed numerous problems concerning their Department. One point that was pleasing to all Committee members was Mrs. Schaefer's intent to produce a small booklet that will contain numerous facts of information concerning questions that need to be answered for the citizenry. She stated many fallacies that had occurred, misquoted facts and statements and other problems would be covered as clearly as possible within this booklet.
Mrs. Schaefer discussed numerous instances whereby her Department was receiving a false viewpoint when in actuality there was a misunderstanding upon the recipient's part. She gave actual accounts that substantiated her position and stated that in most cases the problem was not as big as it seemed, but was given to the legislator on a personal basis. It was noted that in many cases the recipient was misusing welfare money, but Mrs. Schaefer brought to the Com mittee's attention a law passed in 1964 that would eliminate this condition to some degree. The "personal representative clause" of this law would make it possible for the local welfare agency to become involved in the actual spending of the check received by the claimant.
Another problem discussed of pertinent value to the entire State was that involving seansonal labor and inability to secure such labor. It was noted that on many occasions laborers would not be available for work due to various forms of checks being received from the Welfare Department. Mr. Phil Cawthon informed the Committee that this was a local problem, and it was the local di rector's responsibility to withdraw these monthly payments if justifiably proven work was available.
Another problem of statewide application that is of vital concern is the one involving illegitimacy. This problem is of large magnitude and of the utmost importance. It is not the Committee's position to jeopardize any child, its welfare, or its future, but it is our feeling that some concrete steps should be taken to curtail this problem. It is noted that approximately $21,000,000 of which $16,000,000 is Federal and is spent each year in the State for illegitimate and dependent children. The Committee does not wish to jeopardize these funds by any definite statute, but wishes to bring before each legislator this problem and hope for a possible future development.
The Committee having explored the above mentioned problems decided to visit the Training School for Boys at Milledgeville and the Training School for Girls at Adamsville to inspect facilities and the various programs initiated at these institutions. It was noted that at the Training School for the Girls great strides of improvement have taken place and the Committee points out this with pride. There exist three dormitories, two of which are new, on the grounds with individual compartments for each girl. Miss Joyce Stringer, Superintendent, brought to the Committee's attention that at this time the school is at its capacity and some girls are now in detention awaiting openings. It was found that the school has excellent facilities for educational, as well as vocational training. It was also noted that classes of various subjects such as ceramics, home economics and hair styling were available to the girls for future employ ment, as well as providing a valuable pastime. The Committee is in full agree ment in that there now exists a well rounded program involving individual upkeep, educational, vocational and recreational facilities at the school at this time.
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The Committee discussed general procedures and particular problems con cerning the Training School for Boys at Milledgeville with Mr. White, the Superintendent. We then inspected the school premises and investigated specific situations. The Committee found the Superintendent and his associates to be doing an excellent and worthwhile job with the facilities and resources available to him; however, we feel that there exists a definite need for a resident physician and for increased psychiatric attention to the wards of the school; for a more complete and diversified vocational training program; for full implementation of existing programs; and for more individual facilities within the living cottages.
The Committee also notes that there is no effective program to follow up or supervise the boys upon their discharge and feels that a definite deficiency exists in this regard.
The Committee would like to make the following recommendations as to the various problems discussed and to the two training schools that were visited:
1. The Committee recommends one full time social worker for each judicial circuit to be employed as soon as possible. Areas that are lacking that can be filled by this vacancy are job placement, counseling, guidance and other pertinent help that may be needed.
2. The Committee recommends more house parents for both the Training School for Boys and the Training School for Girls. It is felt there definitely needs to be a closeness between the individual boy or girls and the house parent and it was found because of dual jobs, some parents were having to neglect one of their major functions.
3. The Committee recommends more dormitory space for the Training School for Girls at Adamsville. It was noted this would help alleviate the problem of girls having to spend extra days in jail awaiting openings at the school.
4. The Committee recommends a full time psychiatrist to be employed at the Training School for Boys at Milledgeville. There definitely is a great need for a full time medical doctor at this facility also.
5. The Committee recommends more individual facilities in the now existing dormitories. It is felt the situation that now exists is not one of the best and may produce an adverse effect upon the individual.
6. The Committee recommends a wider approach to vocational-type training and to more closely utilize the now existing facilities. It was found that in some areas instructors were not available for the programs that exist.
7. The Committee recommends a study to be accomplished by the Vocational Rehabilitation Group, along with a representative of the Department of Family and Children Services, for new methods to promote jobs for boys and girls while in training school as well as in later life.
The Committee wishes to thank Mrs. Bruce Schaefer, Director, Department of Family and Children Services and her entire staff; Miss Joyce Stringer,
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Superintendent, Training School for Girls; and Mr. White, Superintendent, Training School for Boys, for their wholehearted efforts and earnest cooperation
in our behalf. Respectfully submitted:
Harrington of Baldwin, Chairman Duncan of Carroll Strickland of Evans White of Mclntosh Dean of Polk Rhodes of Baker Poss of Madison Roberts of Jones Ben Rogers
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COMMITTEE TO STUDY THE GAME AND FISH LAWS
House Resolution No. 560
1964 Regular Session
THE COMMITTEE
Honorable A. B. C. Dorminy Representative, Ben Hill County Chairman
Honorable Mac Barber Representative, Jackson County Member
Honorable H. E. Kirkland Representative, Tattnall County Member
Honorable Henry G. McKemie Representative, Clay County Member
Honorable Howard T. Overby Representative, Hall County Member
Honorable J. Grover Simmons Representative, Banks County Member
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2581
Honorable Roy Kelly Representative, Jasper County Secretary
Honorable Bobby W. Johnson Representative, Warren County Member
Honorable W. D. Knight Representative, Berrien County Member
Honorable Harry Mixon Representative, Irwin County Member
Honorable Louis T. Raulerson Representative, Echols County Member
Honorable E. C. Smith Representative, Forsyth County Member
December 15, 1964
REPORT OF COMMITTEE TO STUDY THE GAME AND FISH LAWS INTRODUCTION AND FINDINGS
The Committee to Study the Game and Fish Laws of the State was created pursuant to House Resolution No. 560, adopted at the regular 1964 Session of the General Assembly of Georgia. The Speaker of the House appointed as members of the Committee: Representatives A. B. C. Dorminy, Ben Hill County, Chairman; J. Grover Simmons, Banks County; W. D. (Jack) Knight, Berrien County; Henry G. McKemie, Clay County; Louis T. Raulerson, Echols County; E. C. Smith, Forsyth County; Howard T. Overby, Hall County; Harry Mixon, Irwin County; Mac Barber, Jackson County; Roy Kelly, Jasper County; H. E. Kirkland, Tattnall County; and Bobby W. Johnson, Warren County. Representa tive Roy Kelly of Jasper County was elected Secretary. The Committee was creat ed for the purpose of studying the game and fish laws of the state with particular emphasis on hunting and fishing licenses.
After its organizational meeting, the Committee heard testimony from several of the officials of the Georgia Game and Fish Department. The Committee then proceeded to make a comprehensive study of the state game and fish laws, de voting a majority of its time to the laws concerning hunting and fishing licenses.
The Committee made a study of the costs of hunting and fishing licenses
in the State of Georgia as compared to neighboring states. A resume of such
costs is herein recited:
Trout
Big Game
State
Hunting License Fishing License Stamp
Stamp
Alabama
$3.00
$2.00
_______
........
Florida
$7.50
$3.00
_______
______
North Carolina
$4.25
$4.00
$1.25
.__...__
Tennessee
$3.00
$3.00
$2.00
$5.00
South Carolina
$4.25
$3.10
$2.00
______
Georgia
$2.25
$1.25
.....__.
_____--
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The Committee found that the Game and Pish Department's principal source of funds is derived from appropriations made by the General Assembly. In addi tion, funds are derived from the federal government which are furnished for the purpose of wildlife restoration and development work. Proceeds derived from the sale of state hunting and fishing licenses and from motorboat registrations, excluding fines, go into the General Fund of the State Treasury.
The Committee studied the need for a change in the laws relative to liability of landowners for injuries sustained by invited guests while on lands leased to the State Game and Fish Department and used for managed hunts. The Com mittee felt that legislation is needed in this area, but no recommendation has been made because it was felt that additional study is necessary.
The Committee found that there have been expenditures on coastal facilities where salt water fishing licenses are not required. If a license were to be re quired by law, it would increase the number of fishing licenses by approximately 25,000. This would, of course, bring about a corresponding increase in revenue.
Discussion and consideration was given to the law relative to the use of baskets in taking of rough fish in the public streams. The Committee has no recommendation concerning this law and feels more study and research must be devoted to the matter before any recommendation can be made.
RECOMMENDATIONS AND CONCLUSIONS
1) After an intensive study of all of the game and fish laws of the state, the Committee recommends that there be a recodification of the general laws of Georgia pertaining to game and fish.
2) The Committee found the state game and fish laws generally have been enforced very efficiently by the rangers of the Game and Fish Department. However, it might be noted that the Committee felt that there should be more emphasis on the public relations activities of the Department in the field of educating the general public concerning the game and fish laws, as the public is not as well informed as they should be about this subject.
3) The Committeee felt that the Game and Fish Department should be en couraged to initiate plans to create better sport and commercial fishing and hunt ing for Georgians and tourists.
4) The Committee found that capital improvements have been made in many management areas, however, attention is called to the dire need for improvements at the Bowen's Mill facilities; and it is the recommendation of this Committee that priority of both funds and effort be expended by the Department to improve this important facility which is so vital to the wildlife conservation movement in Georgia.
Respectfully submitted,
/s/ A. B. C. Dorminy Chairman
/s/ Roy Kelly Secretary
INTERIM COMMITTEE REPORTS
2583
REPORT OP THE INTERIM STUDY COMMITTEE ON THE MOTOR VEHICLE INSPECTION LAW
Mr. Speaker:
The Committee was created for the purpose of studying the provisions of the Motor Vehicle Inspection Law in order to determine the areas in which needed improvements, if any, could be made.
The Committee conducted public hearings at the State Capitol for the pur pose of affording members of the general public an opportunity to appear and voice their opinions concerning the law and its implementation. In addition to the appearance of members of the general public, the Committee heard from those officials charged with the responsibility of enforcing the provisions of this Act. Also, the Committee sought information and advice from other states and the agencies which administer their motor vehicle inspection law. In addition to the public hearings held in Atlanta, the Committee also conducted public hearings in Macon and Savannah in order to afford citizens from all over the State an opportunity to appear and be heard concerning this matter.
From the testimony developed before the Committee, it was apparent that certain needed changes were required in the Motor Vehicle Inspection Law in order that it might gain more public acceptance. The principal controversy over the law involved the requirements concerning the setting of headlamp ad justments. Many of the abuses in this area were caused by unknowledgeable inspectors attempting to operate rather complicated machinery which they had not completely mastered. After a thorough examination of the existing law and its provisions, the Committee has drafted a proposed amendment which specifically spells out those items of equipment which are to be inspected and prescribes the minimum standards which must be met. It is the belief of the Committee that, with this recommended bill of the Committee, by far and large the major portions of the abuses and complaints revolving out of this inspection law will be eliminated, and yet an effective piece of traffic safety legislation will be retained.
The Committee respectfully urges the members of the General Assembly to direct their astute attention and examination to the bill which has been recom mended by the Committee.
Respectfully submitted,
Williams of Hall Chairman
Harrell of Fayette Secretary
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
REPORT OF THE HOUSE AND SENATE COMMITTEES TO STUDY
A PROPOSED CODE OF ETHICS
SENATE COMMITTEE
Julian Webb of the llth, Chairman
Frank E. Coggin of the 35th, Member
Hugh M. Gillis of the 20th, Member
HOUSE COMMITTEE
Arthur K. Bolton of Spalding, Chairman
Harold G. Clarke of Monroe, Member
Tom C. Carr of Washington, Member
December 29, 1964
TO: THE LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ALL THE MEMBERS OF THE GENERAL ASSEMBLY:
Pursuant to Senate Resolution No. 241 and House Resolution No. 558, Com mittees for each respective body were created to study and submit for considera tion, a proposed Code of Ethics. The members of the Senate Committee were Senator Webb of the llth District, Chairman, Senator Coggin of the 35th District and Senator Gillis of the 20th District. The members of the House Committee were Representative Arthur Bolton of Spalding County, Chairman, Representa tive Arthur Bolton of Spalding County, Chairman, Representative Harold S. Clarke of Monroe County and Representative Tom C. Carr of Washington County.
At the first organizational meeting held on October 22, 1964, the respective House and Senate committees voted to form a joint Committee. Senator Julian Webb was elected Chairman of the joint Committee, and Representative Arthur Bolton was elected Secretary.
In accordance with the provisions of the creating Resolutions, the Committee has completed its study and drafted a proposed Code of Ethics which is attached to and made a part of this report. Considerable time and study have been de voted to this subject, but the Committee does not claim that the attached proposal is the perfect answer to questions on conflicts of interest and a Code of Ethics for members of the General Assembly, its employees, and officers and employees of the State. The Committee believes, however, that this proposal may form the basis for appropriate legislation on the subject and respectfully recommends
INTERIM COMMITTEE REPORTS
2585
that the attached proposed legislation, after introduction, be referred to the Rules Committee of each House for further consideration.
Julian Webb Senator Webb of the llth District Chairman, Senate Committee
Arthur K. Bolton Representative Bolton, Spalding County, Chairman, House Committee
A BILL
To be entitled an Act to prohibit certain activities by legislators, State offi cers and employees and State appointees and to regulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal, business or professional interests; to establish a Commission on Ethical Standards and prescribe its powers and duties; to provide for the establishment of a standing ethics committee in each House of the General Assembly and prescribe the functions thereof; to provide for penalties; to provide the procedurs connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Intent. It is declared that high moral and ethical standards among public officials and employees are essential to the proper con duct of free democratic government; and that a code of ethics for public officials and employees is necessary, both as a guide to those who are conscientious and as a deterrent to the few who may be unfaithful, in order to eliminate conflict of interest in public office, improve standards of public service, and promote and strengthen the faith and confidence of the people of Georiga in the integrity of their government.
Section 2. As used in this Act, except as may be otherwise indicated by the context:
(a) "State agency" means any department of State government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other in strumentality within such department, and any independent State authority, dis trict, commission, instrumentality or agency, but not an agency of a county, city or town.
(b) "State employee" means a person performing services for or holding an office, position, employment, or membership in a State agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis.
(c) "Compensation" means any money, thing of value, or financial benefit conferred in return for services rendered or to be rendered, but it does not in clude the salary or other payment provided by law or appropritaion for services
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rendered in a public office, position or employment.
Section 3. The following general standards of conduct are hereby estab lished :
(a) No State employee, including members of the General Assembly and State officials, shall:
(1) Have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, which is in substantial conflict with the proper discharge of his duties in the pubilc interest.
(2) Use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others.
(3) Engage in any transaction as representative or agent of the State with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties.
(4) Accept any gift, favor, service or other thing of value that might reasonably tend to influence him in the discharge of his official duties.
(b) To the extent that any conduct or activity in the practice or pursuit of a profession or occupation is not prohibited by the provisions of this act or any other statute, such conduct or activity shall be governed by the respective canons of professional ethics, or Code of Ethics, if any, applicable to the pro fession or occupation, and in the case of officers or employees of a State agency by the Rules of the State Personnel Board and by the provisions of a Code of Ethics duly promulgated pursuant to this act, either or both, as the case may be.
Section 4. No state employee, including members of the General Assembly and State officials, shall knowingly receive or agree to receive, directly or in directly, compensation for any services to be rendered, either by himself or another, in negotiations with the State or a State agency for the purchase by the State or a State agency of an interest in real property. This section shall not apply to any condemnation proceedings.
Section 5. No State employe, including members of the General Assembly and State officials; shall receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any case, proceeding, application or other matter before any State agency, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to any license, contract, certificate, ruling, decision, opinion, wage schedule, franchise, or other benefit; provided, however, that nothing in this section shall be deemed to prohibit the fixing, at any time, of fees authorized by statute or based upon the reasonable value of the services renderd.
Section 6. No State employee, including members of the General Assembly and State officials, shall act as officer or agent for the State for the transaction of any business with himself, or with a corporation, company, association or firm in the pecuniary profits of which he has an interest, except that ownership
INTERIM COMMITTEE REPORTS
2587
or control of 10% or less of the stock of a corporation shall not be deemed an interest within this section.
Section 7. Every State employee, including members of the General As sembly and State officials, who has a financial interest in a business which is subject to regulation by the State shall disclose to the Commission, hereinafter created, the precise nature and value of such interest. Such disclosure should be made at the beganning of term of office or at the beginning of employment and during each January thereafter.
Section 8. No State employee, including members of the General Assembly and State officials, shall knowingly himself or by his partners or through any corporation which he controls or in which he owns or controls more than 10% of the stock, or by any other person for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract, agreement, sale or purchase of the value of $25.00 or more, made, entered into, awarded or granted by any State agency, unless said contract, agreement, sale or purchase was made or let after public notice and competitive bidding.
Section 9. No State employee, including members of the General Assembly the State officials, shall knowingly receive or agree to receive, directly or in directly, compensation for any services rendered or to be rendered, either by himself or another, in any cause, proceeding, application or other matter which is before said State agency, or in any cause, proceeding, application or other matter which is before any other State agency, the action or determination of which is, by statute, reviewable before the State agency in which such officer, employee or State appointee functions.
Section 10. No State employee, including members of the General Assembly and State officials, shall knowingly receive or agree to receive, directly or in directly, compensation for any services rendered or to be rendered, either by himself or another, within two years after the termination of his employment or service, in any cause, proceeding, application or other matter in which he has given an opinion, made an investigation, or has been directly concerned in the course of his duties, unless such service shall be rendered to or for the State.
Section 11. (a) The head of each State agency, or the principal officer thereof, within six months from the effective date of this enactment, shall cause to be promulgated a code of ethics to govern and guide the conduct of State employees of such agencies. Such code shall conform to the general standards hereinbefore set forth, but it shall be formulated with respect to the particular needs and problems of the agency to which said code is to apply.
(b) A code of ethics formulated pursuant to this section, or any portion of such a code, shall not be effective unless it has first been approved by the Commission on Ethical Standards in Government, except that codes of ethics promulgated by the legislative and judicial branches shall not be subject to review or approval by such Commission.
(c) Violations of a code of ethics adopted pursuant to this section shall be cause for removal, suspension, demotion or other disciplinary action by the State officer or agency having the power of removal or discipline. When a person who is covered under the State Merit System is charged with a violation of such a
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code of ethics, the procedure shall be governed by any applicable provisions of the Merit System Laws and the Rules of the State Personnel Board.
Section 12. (a) There is hereby created and established the Commission on Ethical Standards, hereinafter referred to as the Commission. The Commission shall consist of five persons to be selected in the following manner:
One member shall be selected by the members of the State Personnel Board from among their own membership, to serve a one year term. The remaining four members shall be appointed by the Governor, who shall appoint one member representing organized labor, one member representing business or industry, one member representing agriculture and one member representing recognized pro fessions. Initially, the Governor shall appoint one member for a two year term, one member for a four year term, one member for a five year term and one member for a six year term. Thereafter, each successor member shall serve a six year term. The Governor shall make appointments to fill vacancies for the unexpired term. The Commission, by two majority vote, may remove any of its members for cause.
(b) Except for the member selected by the State Personnel Board, no mem ber of the Commission shall hold any other office, position or employment under this State or any political subdivision thereof or under the United States. Each member of the Commission shall receive such compensation as provided by law and shall be reimbursed for expenses actually and necessarily incurred by him in the performance of his official duties.
(c) The Commission shall:
(1) Receive complaints concerning violations of codes of ethics or other improper conduct by State employees. If the complaint warrants it, it shall transmit such complaint to the appropriate State agency;
(2) Review and approve or disapprove codes of ethics or a portion thereof, formulated pursuant to this Act, except that codes of ethics pro mulgated by the legislative and judicial branches shall not be subject to review or approval by such Commission;
(3) Upon request, render advisory opinions as to whether a given set of facts and circumstances would, in the Commission's opinion, involve a violation of a code of ethics or of the provisions of this Act by State em ployees. Such opinions shall be filed with the Secretary of State;
(4) Make such recommendations as it deems necessary for revisions in the codes of ethics and legislation relating to conflicts of interest in the performance of official duties by such State employees.
(d) At least every five years the Commission shall review in an advisory capacity the provisions of this Act and the codes of ethics adopted pursuant thereto and make recommendations to the appropriate authorities.
(e) The Commission shall publish periodically its advisory opinions with such deletions as it may deem appropriate to prevent the disclosure of the identity of the State employes involved.
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Nothing contained herein shall prevent the receipt of such complaints di rectly by a State agency or officer or the taking of appropriate independent action by State agencies or officers in cases involving charges of violations of a code of ethics, or other improper conduct.
Section 13. The Commission shall be entitled to avail itself of the services of such State departments and personnel as it may require and as may be available to it. Within the limits of funds appropriated or otherwise made avail able, it may incur such expenses and employ such personnel as it may deem necessary in order to perform its duties.
Section 14. There shall be established by Rule in each House of the General Assembly a Standing Committee of such House to be known as the Ethics Com mittee thereof, which shall consist of such number of members of the House, and the members whereof shall be appointed in such manner, as shall be prescribed by the Rule.
Section 15. There shall be referred to each such committee, and it shall investigate and hear in closed executive session, all accusations and complaints made against members of the House by which such committee was appointed, of conduct in their personal, business or professional activities which is of such character as to involve a conflict of interest between such activities and the trust and duties imposed upon them as members of such House of the General Assembly.
Section 16. If a majority of the committee shall find after hearing that the charges made in such accusation or complaint are of such serious character and are supported by sufficient evidence as to warrant hearing and action thereon by the House for which it shall have been appointed, the committee shall report such findings to such House in Executive Session for such action as such House may determine to take thereon, but if a majority of the members of said committee shall find that said charges are not of such serious character and are not supported by sufficient evidence to warrant hearing and action by such House, the committee shall report to the House in Executive Session accordingly and no further action shall be taken thereon.
Section 17. If the House shall determine that the charges made in such accusation or complaint are of such serious character, and are supported by suf ficient evidence to warrant action thereon by the House, the House may refer the same to a committee for hearing and if it appears that the person against whom said accusation or complaint is made is guilty of a violation of any of the principles set forth in this act, it may punish such person, if not a member of the House, by suspension or removal from his office, position or employment in the House, but if such person is a member of the House, the House may im pose, as punishment, censure by the House, expulsion from the House or such other penalty as the Constitution shall permit.
Section 18. Each committee shall formulate appropriate procedures and principles for the conduct of the matters so as to be referred to it and shall report the same to the House for which it was appointed for its action thereon.
Section 19. Any person who shall knowingly and intentionally file a false complaint with the Commission or with either Committee of the General As-
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sembly, or any member of the Commission or of either such Committee who shall initiate action against any person covered under the provisions of this act, knowing such action to be false, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than two nor more than five years.
Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS:
REPORT OF THE COMMITTEE CREATED TO STUDY STATE FARMS
Resolutions Act No. 558
THE COMMITTEE
Honorable Sidney Lowrey Representative, Floyd County Chairman
Honorable William E. Laite, Jr. Representative, Bibb County Member
Honorable Dorsey R. Matthews Representative, Colquitt County Member
Honorable J. Roy McCracken Representative, Jefferson County Member
Honorable Robert C. Pafford Representative, Lanier County Member
Honorable Sam S. Singer Representative, Stewart County Member
Honorable Buck Tabb Representative, Miller County Member
Honorable Hubert H. Wells Representative, Oconee County Member
Honorable E. B. Smith, Jr. Representative, Telfair County Member
Honorable W. Frank Branch Representative, Tift County Member
December 15, 1964
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE COMMITTEE CREATED TO STUDY STATE FARMS
Resolutions Act No. 558
INTERIM COMMITTEE REPORTS
2591
INTRODUCTION:
The Committee to Study State Farms in the State of Georgia was created pursuant to H. R. 558. The Speaker of the House of Representatives appointed the following members to the Committee: William E. Laite, Jr., Bibb County; Dorsey R. Matthews, Colquitt County; Sidney Lowrey, Floyd County; J. Roy McCracken, Jefferson County; Robert C. Pafford, Lanier County; Sam S. Singer, Stewart County, Buck Tabb, Miller County; Hubert H. Wells, Oconee County; E. B. Smith, Jr., Telfair County; and W. Frank Branch, Tift County. Repre sentative Lowrey was designated chairman of the Committee. The Committee held its organizational meeting at the State Capitol in Atlanta on December 1, 1964.
FINDINGS:
The Committee met with members of the Institutional Farms Advisory Com mittee, which has been active since 1960, on December 7, 1964, and discussed the progress which has been made to date in the operation of institutional farms and heard their recommendations for future improvements. The Advisory Com mittee is composed of:
Commission of Agriculture, Chariman;
Dean, College of Agriculture, University of Georgia;
Dean, School of Veterinary Medicine, University of Georgia;
Director, Agricultural Extension Service, University of Georgia;
Director, Agricultural Experiment Stations, University of Georgia; and
President, Abraham Baldwin Agricultural College.
The Advisory Committee employed Mr. Ervin Clanton to coordinate the activities of all State farms and to assist in any manner to improve the operations of the farms. A study of existing operations of the institutional farms has been conducted in cooperation with the various State agricultural agencies and certain recommendations have been proposed. The Committee highly commends Mr. Clanton, who is serving under the Advisory Committee in an advisory capacity. Great progress has been made under his administration, thereby saving taxpayers a considerable amount of money.
The Committee finds that the Advisory Committee has done an excellent job in coordinating the program of the State farms, and special praise is due the Advisory Committee for the progress made in improving the working rela tionships between the farms and other agricultural agencies. Progress has also been made in creating a better understanding between the various farms.
The Committee wishes to commend the members of the Georgia State Prison and the Coastal Plains Experiment Station for the enviable progress which has resulted from the working arrangement between these two institutions. It has proved to be a very profitable venture for all concerned. It is recommended that
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similar agreements be worked out at other State farms. The use of these farms for experimental purposes could amount to sizable savings to the State.
Although the exchange of products, materials, and equipment by the State institutions has been recommended from time to time, there appears to be no no authority to effectuate these recommendations. As a result, there is a lack of cooperation in this area. For example, at Milledgeville State Hospital, there is a modern feed mill which, with very few changes, could manufacture the feeds for other institutional farms. There is also a modern abattoir at the hos
pital which, if operated to capacity, could process twice as much meat products as they are now processing. Reidsville Prison has a syrup-making plant which could produce enough syrup for all the other institutions with the necessary acreage of cane. Reidsville Prison could also produce enough feeder pigs to sup ply Milledgeville State Hospital the necessary pigs for their swine operation. At the present time, the hospital is purchasing feeder pigs on the open market. Milledgeville Hospital Farm is producing only a little more than one-half of the dairy products needed for the hospital. The farm with its present permanent pastures and land suitable for forage crops could, if properly managed, produce enough grazing, feed, and forage necessary for a dairy herd, which could produce all the dairy products needed by the hospital, and a complementary beef herd. The Committee recommends that Milledgeville Hospital Farm operation be separated from the hospital, in its entirety; however, the Committee believes that the hospital should receive all the benefits derived from the farming operation. If proper credit is given the farm for products furnished the hospital, the Com mittee feels that the farm would justify its operation.
From the State audits, the Committee was unable to determine the cost of operations of any farm. The Committee recommends that each institution main tain an adequate accounting system of its farming operations so as to be able to justify the expansion, curtailing or continuation of any given part of its operation.
Although Gracewood State School and Hospital Farm does not operate a dairy, they derive some benefit from the purchase of dairy products from the State Youth Development School, Augusta Division. The remainder of the re quirements are purchased on the open market. The Committee feels that the Gracewood State School and Hospital Farm is making a sizable contribution to the school and hospital in furnishing eggs, fresh vegetables, pork, and beef.
RECOMMENDATIONS:
The Committee concurs with a College Experiment Station report made by Mr. H. B. Henderson, Dairy Department Head, and Dr. O. T. Fosgate, Assistant Dairy Husbandman, on the dairy operation at the Georgia School for the Deaf at Cave Spring, which states that the amount of milk required by the school is too small a quantity to warrant a dairy operation at all. Therefore, the Com mittee recommends that the dairy operation be discontinued and that the school purchase necessary dairy products from some other source and use the land and buildings for some other purpose.
The Committee recommends that the proper legislation be enacted setting up a State Farm Management Commission composed of:
Commissioner of Agriculture, Chairman; Dean, College of Agriculture, University of Georgia;
INTERIM COMMITTEE REPORTS
2593
Dean, School of Veterinary Medicine, University of Georgia;
Director, Agricultural Extension Service, University of Georgia;
Director, Agricultural Experiment Stations, University of Georgia;
President, Abraham Baldwin College;
who would have the authority to employ a farm manager, who in turn would have the authority to direct the affairs of all the State farms in the State of Georgia.
The Commission further recommends that the proposed State Farm Manage ment Commission be authorized to consolidate the farming operation with the other operations of any institution or to separate the farming operation from the other operations of any institution.
Respectfully submitted,
/s/ Sidney Lowrey, Chairman Representative, Floyd County
/s/ William E. Laite, Jr., Member Representative, Bibb County
/s/ Dorsey R. Matthews, Member Representative, Colquitt County
/s/ J. Roy McCracken, Member Representative, Jefferson County
/s/ Robert C. Pafford, Member Representative, Lanier County
/s/ Sam S. Singer, Member Representative, Stewart County
/s/ Buck Tabb, Member Representative, Miller County
/s/ Hubert H. Wells, Member Representative, Oconee County
/s/ E. B. Smith, Jr., Member Representative, Telfair County
/s/ W. Frank Branch, Member Representative, Tift County
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JOURNAL OF THE HOUSE,
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS:
REPORT OF THE COMMITTEE CREATED TO STUDY CONSUMER CREDIT
Resolution Act No. 529, Approved February 21, 1964
THE COMMITTEE
Honorable Ralph McClelland Representative, Fulton County Chairman
Honorable Fred C. Jones, Jr. Representative, Lumpkin County Secretary
Honorable Henry L. Reaves Representative, Brooks County Member
Honorable Eldridge W. Perry Representative, Marion County Member
Honorable Jack W. Shuman Representative, Bryan County Member
Honorable James M. Hull, Jr. Representative, Richmond County Member
Honorable Henry N. Payton Representative, Coweta County Member
Honorable James E. Beck Representative, Twiggs County Member
Honorable M. Parks Brown Representative, Hart County Member
Honorable E. Brooks Lewis Representative, Wilkinson County Member
Honorable David C. Jones Representative, Worth County Member
December 15, 1964
INTRODUCTION:
The Committee to Study Consumer Credit in the State of Georgia was created pursuant to HR 529. The Speaker appointed the following members to the Committee: Representatives Henry L. Reaves of Brooks County, Jack W. Shuman of Bryan County, Henry N. Payton of Coweta County, Ralph McClelland of Fulton County, M. Parks Brown of Hart County, Fred C. Jones, Jr., of Lumpkin County, Eldridge W. Perry of Marion County, James M. Hull, Jr., of Rich mond County, James E. Beck of Twiggs County, E. Brooks Lewis of Wilkinson County, and David C. Jones of Worth County. Representative McClelland was designated Chairman of the Committee. The Committee held its organizational meeting at the State Capitol in Atlanta on November 10, 1964. The Committee was divided into two subcommittees, one subcommittee composed of lawyers and the other subcommittee composed of retail businessmen. The final meeting of the Committee was held at the State Capitol in Atlanta on December 9, 1964.
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2595
FINDINGS:
The Chairman invited interested persons in the consumer credit industry to the organizational meeting of the Committee. The following members of the consumer credit industry were present: Mr. Ralph Wilguss, Vice-President, Rhodes Furniture Company; Mr. Tom Moore, Universal CIT; Mr. Lewis Austin, Executive Vice-President, Atlanta Retail Merchants Association; and Mr. Tom Gregory, Executive Vice-President, Georgia Retail Association. These gentlemen were very cooperative and agreed to assist the Committee in any way in its study of the consumer credit industry in the State of Georgia. In this connection, Mr. Austin and Mr. Gregory made available to the members of the Committee a 1963 Study of Consumer Credit Costs in Department Stores. The study was conducted by the accounting firm of Touche, Ross, Bailey and Smart of New York City, and a summary of the study is included in this report. (See Appendix, Exhibit "A") Although the study was limited to an analysis of consumer credit costs of ten large department store chains constituting eighty separate stores, it clearly indicates that the cost of extending credit often exceeds the service charge revenues.
The subcommittee of retail business obtained a study compiled by the South ern Retail Furniture Association, relating to credit costs of large furniture dealers located in South Carolina. (See Appendix, Exhibit "B") The Committee felt that the credit costs of the South Carolina stores would be comparable to the credit costs of similar Georgia stores. The South Carolina study also indicates that credit costs often exceed service charge revenues.
The Committee also made an analysis of present Georgia laws and deter mined that certain deficiencies exist. Although direct money loans appear to be adequately regulated by the banking laws and the Industrial Loan Act, time sales transactions seem to escape all regulation. For example, the courts in this State and in most other jurisdictions have held that the "time price differential" is not interest and, therefore, is not covered by the interest and usury laws. As a result, a seller using a contract designating tthe difference between the cash sales price and the time balance as the "time price differtial" may charge any rate he desires or that the competition will allow, and the interest and usury laws will not be applicable to the transaction. (See Appendix, Exhibit "C")
The second mortgage field is another area in which there appears to be no regulation. Time did not permit the Committee to explore tthe second mortgage field in detail, but Mr. Irving Morris, Executive Director of the Atlanta Better Business Bureau, furnished the Committee with a pamphlet published by the National Better Business Bureau, which explains the operations of certain sec ond mortgage brokers. (See Appendix, Exhibit "D") The Committee feels that this is an area which should be investigated and, if necessary, legislation enacted.
CONCLUSIONS AND RECOMMENDATIONS:
The Committee was not appointed until late in the year and was unable to hold its first meeting until November 10, 1964. As a result, the Committee was limited to a relatively brief and cursory study of the problems involved in the consumer credit field. The Committee believes, however, that its study does indi cate a probable need for regulatory legislation, particularly in the field of time sales transactions and perhaps also in the second mortgage field. During the course of its deliberations, the Committee decided that it would be premature to
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attempt to propose legislation for introduction at the 1965 Session, because the limited time available to the Committee precluded its undertaking the very care ful and comprehensive analysis this important field deserves. A substantial part of the total economic activity in the State revolves around the consumer credit industry, and ill-considered legislation could have serious economic repercussions throughout the State. While many other states have laws regulating time sales transactions which may serve as a guide for legislation in this State, the eco nomic circumstances and many other factors vary considerably from state to state, making it unwise to pattern proposed legislation on the laws of other states until these differing factors are thoroughly analyzed. For these reasons, the Committee recommends to the General Assembly that a new interim Com mittee be created at the 1965 Session. The Committee further recommends that this new Committee be appointed and authorized to begin its studies shortly after the end of the 1965 Session. The Committee further recommends that the new Committee be directed to conduct an extensive study in the field of consumer credit with particular emphasis on all types of time sales transactions and that it prepare comprehensive legislation for introduction at the 1966 Session of the General Assembly.
The Committee has turned over all information obtained by it during its study to the Office of Legislative Counsel, and this information will be available to the new Committee.
Respectfully submitted,
/a/ Ralph McClelland, Chairman Representative, Fulton County
/s/ Fred C. Jones, Jr., Secretary Representative, Lumpkin County
/s/ Henry L. Reaves, Member Representative, Brooks County
/s/ Jack W. Shuman, Member Representative, Bryan County
/s/ Henry N. Payton, Member Representative, Coweta County
/s/ M. Parks Brown, Member Representative, Hart County
/s/ Eldridge W. Perry, Member Representative, Marion County
/s/ James M. Hull, Jr., Member Representative, Richmond County
/s/ James E. Beck, Member Representative, Twiggs County
/si E. Brooks Lewis, Member Representative, Wilkinson County
/s/ David C. Jones, Member Representative, Worth County
INTERIM COMMITTEE REPORTS
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EXHIBIT "A"
A Summary of the Touche, Ross, Bailey & Smart Report
Considerable national publicity has been given in recent months to the apparent profitability of Retail Credit business. In an attempt to determine whether this profitability be myth or fact, the National Retail Merchants Asso ciation commissioned Touche, Ross, Bailey & Smart, a well know national firm of Certified Public Accountants, to make a "Study of Customer Credit Costs in Department Stores." The study was based on the premise that "there is a lack of knowledge on the part of the general public as to what it costs department stores to provide customers with credit services."
The objective of the study was to provide factual information concerning: (1) The costs of credit servies provided by department stores to their customers; and (2) the relationship between these costs and the services charges which customers pay for these services.
In total, the study included cost data on two million active accounts from approximately eighty stores located throughout the Eastern half of the United States.
The types of credit accounts studied were grouped into three main categories:
(1) Regular (30-Day) Charge Accounts; (2) Revolving Charge Accounts; and (3) Conventional Installment Accounts.
Costs identified with the handling of credit accounts were grouped into eight categories. The first three categories included those costs identified directly with the credit operation; namely, new account costs, account servicing costs, and account collection costs. Only direct out-of-pocket costs (costs that could be eliminated if the credit function were discontinued) were included in these three categories.
The fourth category--financing the accounts receivable investment--also rep resents an out-of-pocket cost. Touche, Ross, Bailey & Smart has pointed out that the use of 6% for Cost of Capital for investment in such accounts is a very conservative figure.
The fifth, sixth, and seventh cost categories cover space and equipment, additional salespeople required to handle credit transactions, and management expenses, respectively.
The eighth cost categories was labeled "Other Credit Costs" and was used to assure recognition of the fact that store costs, in addition to those specifically identified in the first seven categories, are affected by the existence of the credit function in department stores. These other credit costs include the following:
1. The cost of handling "extra" returns by credit customers. Commonly, returns from credit customers significantly exceed cash customer returns. In addition, this returned merchandise is frequently subject to markdowns because of its condition or because of its return subsequent to a peak selling period. This results in extra costs attributable to the existence of credit.
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2. The cost of handling "extra"credit deliveries. Commonly, credit customers have merchandise delivered more frequently than do cash customers. This, too, is a cost of credit.
3. The cost of maintaining the somewhat larger than normal inventories required for credit selling because of the additional amount of merchandise in the hands of credit customers which is destined to be returned to the store.
The detailed results of this study have been compiled in a booklet entitled, Study of Customer Credit Costs in Department Stores 1963, published by the Na tional Retail Merchants Association, 100 West 31st Street, New York, New York. These costs of credit business as identified by the study is summarized in the following quotation:
"Total credit costs for all stores included in this study amounted to $22 million, whereas the total service charge revenue totaled only $15.8 million, a deficienecy of $6.2 million."
Specifically, the costs are broken down by type of account as follows:
1. Regular 30-Day Charge Account--
The regular 30 - day account costs the store only $6.73 a year. But since it carries no service charge, the offsetting revenue in the form of "late charges" averages only 13^ a year. Costs exceed charges by $6.60 per account.
2. Revolving Credit Account--
It costs a department store an average of $13.64 a year to finance and service a revolving credit account. The store collects an average of $11.82 a year from that account in service charges. Costs exceed charges by $1.82 per account.
3. Conventional Installment Account--
A conventional installment account costs the store an average of $17.25 per year. Service charges per active installment account yield an average of $17.27. Income exceeds cost by $.02 per account.
As to rates assessed by the various stores studied, the report revealed the following:
(1) Regular 30-Day Charge Accounts. No service charge was assessed by the stores on "regular 30-day charge accounts" unless the customer missed two or more payments. At that time, some of the stores assessed a late charge.
(2) Revolving Credit Accounts. During the study period, all stores but one were charging 1%% on the monthly account balance. The one exception has since changed policies and is currently charging 1%%.
(3) Conventional Installment Accounts. Seven participating stores assessed serv ice charges monthly on outstanding balances. The rate used was generally 1%%, although two stores were using lower rates--one used li/4% and the other, 1%.
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The report states that the other four stores used the assessment method of "adding-on" the service charge to the sales price less the down payment but does not reveal the rate at which it is assessed.
Based on the foregoing, it can be seen that the cost of carrying credit ac counts in retail stores exceed the revenue derived from service charges assessed by such stores.
EXHIBIT "B"
A Study of Credit Costs By The
Southern Retail Furniture Association
The cost of keeping books in such detail as to segregate the costs of selling on Credit would be so high that no Company we know follows that practice. As a result of the activity of the Committee appointed under Joint Resolution No. 893, several members of the Southern Retail Furniture Association made a study of the functions which are added as a direct result of selling on Credit, and those functions which are increased as a result of Credit Sales.
A copy of the list of the expenses resulting from those functions is attached hereto. (TABLE 1)
In order to provide a factual basis for an answer to the question, "What rate of Time Price Differential (or Credit Service Charge, or Finance Charge) is required to pay these added costs", the actual operating statements of seven stores were analyzed and the direct costs of credit selling, plus the conserva tively estimated portion of the costs INCREASED by credit selling, were sub mitted to SRFA for compilation. No attempt was made to include the costs shown as Items 17 and 18 on TABLE 1, but most of the other costs are included. A copy of the resulting "Average Annual Cost of Operation of South Carolina Furniture Store Credit Department" is attached hereto. (TABLE 2)
Since this average shows a loss, we computed the NET "Finance Charge" required to break even to be $12.51 per $100. (TABLE 3). A store Charging $12.51 per $100. would NOT break even, as rebates to customers paying in full in advance would reduce the NET CHARGE to a greater degree than the AMOUNT the costs would decline as a result of such advance payment.
Another factor which must be considered is cost of borrowed money. While large organizations with high financial ratings may be able to borrow money to carry accounts receivable at 5%, very few independent furniture dealers can obtain Bank Loans below 6%. We also computed the NET Finance Charge which would be required for such independent dealers to break even while paying 6% to be $13.27 per $100. (TABLE 4)
A final factor which we have projected is the constant increase in the cost of living, which requires increased salaries. This increase may be accelerated by some pending Federal Legislation and some Federal Government Polcies. TABLE 5 projects the NET Finance Charge required if salaries and salary costs increase 10% to be $13.71 per $100.
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Since our analyses show that the costs directly attributable to credit selling may fluctuate from $12.51 per $100. (which would require a rate somewhat above that figure) to $13.21 or more, we respectfully suggest to this Committee that they revise the proposed legislation to eliminate the rate limitations in Section 8.
If you feel that a rate limitation is needed, we suggest that the maximum be amended to $15. per $100. per year on so much of the principal balance as does not exceed $500; $12. per $100. per year on the portion of so much of the prin cipal balance as exceeds $500. but does not exceed $1000. and $10. per hundred per year on that portion of the principal balance over $1000.
As an alternative, some SRFA members propose a flat $12. per $100. per year rate limitation as being more simple to operate, even though it is below PRESENT COSTS.
Since the present average WITH NO CEILING PROVIDED BY LAW is $10.50 per $100. we believe that competition will continue to hold the rates well below the proposed limitation.
TABLE 1
Credit and Collection Costs
This schedule lists the expenses included in credit and collection department costs relating only to installment and revolving credit account.
1. Salaries of investigators, collectors, tracers, special men, office help, includ ing legal clerks, cashiers and inside skip tracers, and any other devoting their time to the affairs of the credit and collection departments.
2. Legal expenses consisting of attorney's retainers and fees and expenses in securing collections or repossession of merchandise, including summons and filing fees, marshals' and sheriffs' fees.
3. Collectors and/or special men's car allowances, including all car allowances made to any collection department employees.
4. Public liability and property damage insurance premiums on cars used by credit and collection department employees.
5. Charges paid to credit bureaus and other agencies.
6. Interest on outstanding accounts receivable at 5 per cent or more per annum rate.
7. Premiums on bonds of all kinds.
8. Postage on all matter mailed by credit or collection departments.
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9. Telegrams and telephone for credit and collection department purposes.
10. Stationery and supplies for credit and collection department.
11. Rentals of telephone directories and city directories used by skip tracing department.
12. Insurance on accounts receivable.
13. Storage warehouse bills paid on repossessed merchandise, and the costs of recovery.
14. Rental or depreciation of special equipment such as Recordak, I.B.M., Addressograph, etc., used for collection department records or follow-up.
15. Taxes and welfare on credit and collection department salaries--social se curity, disability, compensation, unemployments insurance and welfare bene fits.
16. Rent for space occupied by booking for credit and collection department. (Value this space in relation of space used to total space occupied.)
17. Proportion of service (or repair) personnel devoted to handling complaints generated by customer's inability to pay.
18. Added commission required to compensate sales personnel for time devoted to selling customers whose sales are rejected for credit reasons, and to offset chargebacks to sales personnel on repossessions.
19. Loss on accounts:
(a) Loss on repossessions
(b) Loss on charge-off to Bad Debts
20. Forgiveness of an obligation when customer suffers a catastrophe (fire, flood, etc.)
TABLE 2
Average Annual Costs of Operation of South Carolina
Furniture Store Credit Department
The following figures are a composite average of figures submitted by seven South Carolina stores, whose managements operate a total of over 100 stores. Management deleted marginal stores from consideration in submitting figures. Volumes reflected range from $200,000 to $1,000,000, with an average of $586,000 credit volume. Consequently the figures, with the exception of inter-
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est on accounts receivable, may be judged typical of SRFA member stores located in South Carolina.
NET CREDIT SERVICE CHARGE INCOME
(AVERAGE $10.50 per $100)
Salaries and Salary Costs
Credit Manager __________.__.._.____________________._..__._______$6,761.
Assistant Credit Manager ________--_._____________----- 3,200.
Credit Secretary ..______..______._______..._.____._________-....._ 2,949.
Accounts Receivable Cashier ______............,,._________ 3,019.
Accounts Receivable Bookkeeper __,,,,__,,_____--_,, 2,817.
Outside Collector ._,,,,.,,.,,_
._.._._________ 3,815.
Executive Supervision of Department --__--___- 2,500.
Payroll Taxes -__.____.............__...____.......____.___.....__ 472.
Group Insurance ._...___.________.____....._..___.........,,.___ 160.
Workmen's Compensation ___,,_.__._-__._____----.--_--_ 48.
Surety Bonds ,,_._,,._._,,,,.,,
26.
$25,767.
$61,530.
Credit Granting and Collection Costs
Credit Bureau Dues and Fees ___.,,_.....,,...__.,,..--. 824.
Telephone (1/3 to 1/5 of total bill) ,, _ ,, .- 719.
Postage (1/3 of total bill)
,,
967.
Court Costs to effect collection or repossession 701.
Collection Notices, Envelopes, Etc. _.-..--_--_ 1,162.
City Directory ._______.__.__......_....____..............__________ 68.
Documentary Stamps ,,_-__..____----....,,_,,__,,______.-- 500.
Collector's Truck Operating, Depreciation,
Insurance & Tax Costs _____.,,,,._,,___- -- 2,345.
7,286.
Office Costs
Depreciation of Bookkeeping Machines, Fire proof Files, Filing Cabinets, etc. ____--_-__.-- 955.
Maintenance Service on Bookkeeping Machines ....___---__.....___,,-_----_. 174.
Rent on Space occupied by Credit Dept. ____._......_,,-_--.....,,,,--........... 561.
Passbooks, Receipts, Ledger Cards, Sales Contracts, etc. .......___..........__.._.._.......... 379.
Electricity, etc. applicable to Credit Department ___.-__._.__-__-........___-~--~--. 283.
2,352.
Loss on Accounts (P&L--Repossessions) ...._----..._ Interest on Average $442,500 Accounts
Receivable @ 5% .____..........___.......,,............_....__..-
15,796. 22,125.
Total Cost of Handling Credit .........._......_......__-__..-_______......._._.$73,326.
Excess of Costs Over Income .__._----.--........._..........._..._....-_.-..$ll,796.
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TABLE 3
"Finance Charge" Required to Break Even
(7 Store Average)
NET CREDIT SERVICE CHARGE INCOME--
($12.51 per $100 on $586,000) ....._._.__,,..... ...._.._______._._..__...___...._..................___..$73,326. Salaries and Salary Costs _.._......__._____.__.............__....__..._..____........$25,767. Credit Granting and Collection Costs _.-.._.._-.__.._.._ 7,286. Office Costs ___..............___....__.._.......__...,,.._..........__._____....._........__,, 2,352. Loss on Accounts ..,,....,,_.________,,.....___,,_____,,_.........___.,,.._._..______..,, 15,796. Interest on Average $442,500 Accounts Receivable @ 5% ,,.___._._.....__.,,..______....._._ 22,125 Total Costs .........._____._.__......_....____.____......__...._____.........._._____...._...._....._.$73,326.
TABLE 4
Finance Charge Required to Break Even
Independent Store Not Able to Obtain Lower than 6% Rate on Borrowed Money
NET CREDIT SERVICE CHARGE INCOME ($13.27 per $100 on $586,000) ______________________________________.______.___________.$77,761. Salaries and Salary Costs ____________________________.........$25,767. Credit Granting and Collection Costs ......__......____________ 7,286. Office Costs _______________________________________________________________ 2,352. Loss on Accounts ______------_--________--_________..___..... 15,796. Interest on Average $442,500 Accounts Receivable @ 6% _______________...........____... 26,550. Total Costs .__._._____.._..___........_.._._____.__.._.........___.__.___.._.............___.............$77,751.
TABLE 5
Finance Charge Required to Break Even Independent Store Not Able to Obtain Lower Than 6% Rate
on Borrowed Money
and
Assuming a 10% Increase During the Next Few Years in Salaries ONLY. (Most other costs tend to rise at a rate equal to salaries, as "wages" form an integral part of these costs.)
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NET CREDIT SERVICE CHARGE INCOME
($13.71 per $100 on $586,000) ___._-._________.__...._.___.___._...._...._...__....__..........._.$80,327 Salaries and Salary Costs ._......______........__._.__..........__.._._..._...__.$28,343. Credit Granting and Collection Costs ..__.._.._._______,,_..,,.._____..... 7,286. Office Costs ______......__...__.______.___.__....__.._....._...._.____........_,,______,,,, 2,352. Loss on Accounts .,,._______.-_,,.,,..._______.....,,_____._......,,__...____..._,,.___ 15,796. Interest @ 6% -__.....___.__........__._____.....___.____......_._._________..._...____._.26,550.
Total Costs ........_._________.........____............___..__......._____.._...._____._.__...___.._._.$80,327.
EXHIBIT "C"
Memorandum on Existing Georgia Interest and Usury Laws
Section 57-101. This Section establishes 7 percent per annum as the legal rate of interest and provides that any higher rate must be specified in the con tract, and in no event shall the rate be higher than 8 percent per annum. The rate of 8 per cent per annum has been construed by the courts to mean simple interest: "I charge you as a matter of law that if an individual should add the interest for the 72 months at 8 percent to the principal and cut that up into 72 monthly installments, that amounts to more than 8 percent interest and 8 percent is the highest rate of interest in Georgia. That would be usurious for the reason that the money is kept by the borrower for an average time of only 36 months, while the interest is collected on the full amount of principal for 72 months. ..." (164 Ga. 781) It should be pointed out, however, that the so-called "time price differential" is not considered interest in Georgia and is, therefore, not affected by 57-101 or the other interest and usury laws: "The law recognizes the right of a seller to make a difference in his cash price and his time price for his property and though in a given instance this difference may exceed 8 percent, the law as to usury is not applicable. ... If this was a time price trade, then Napier would have the right to sell to him for $1,250 plus 1000 percent interest and the usury law would have nothing to do with it; but if it was a cash price sale and interest was added by way of compensation for the extension of time allowed for the use of the cash consideration, then the usury statutes would apply and render the transaction void." (164 Ga. 781)
Section 57-116. The provisions of this Section "being in derogation of Sec tion 57-101 should be strictly construed. Its terms are not ambiguous and if they be given effect, the benefits of the Section can be obtained only when the entire loan is made repayable in the way provided." (185 Ga. 788) The courts have also construed this Section to mean that it covers lending money only and does not cover money due on purchase-money notes. "In the case of a loan, the lender might not be willing to part with his money except for the full period of time for which the notes were to run. Whereas, in the case of purchase-money notes, the grantor does not part with any money. In the instant case, the grantor executed a warranty deed, but he simultaneously took back a security deed there by retaining title to the property. While the transaction resulted in a debt, it was in no sense 'lending money' as authorized by the statute. Under a strict construction of the Code Section 57-116, the language which authorizes aggre gating the principal and interest in the case of loans will not be enlarged or extended so as to include money due on purchase-money notes." (198 Ga. 203)
Section 57-117. The courts have construed this Section to mean that it does
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not authorize interest at the rate of 5 percent per month, but its purpose was to make it a crime to charge that rate of interest or more. Prior to Section 57-117, the sanctions for exacting usury were civil, and the purpose of this Section is merely to make extreme usury criminal. "The quotations from Section 57-117 and 57-9901, supra, are taken from the act approved August 15, 1908 (Ga. L. 1908, p. 83) entitled: 'An act to make it a misdemeanor to charge any rate of interest greater than five per cent, per month, either directly or indirectly and for other purposes.' Those two sections and section 57-102, supra, are to be construed and applied as one law. The language in the act of 1908 (Ga. L. 1908, p. 83) now embodied in the Code Section 57-9901, that it shall be a misdemeanor for any person to charge any rate of interest greater than five per cent, per month, either directly or indirectly, is wholly incompatible with a right to charge a rate of interest greater than five per cent, per month, or greater than eight per cent, per annum as inhibited by sections 57-101, 57-102, supra, and conse quently does not imply that a person may lawfully charge interest at the rate of five per cent, a month. The charge of such a rate of interest would be obnoxi ous to the pre-existing 'usury laws' (as set out in Sections 57-101, 57-102) which the said acts of 1908 as embodied in Section 57-117 and 57-9901 itself declares it was not designed to 'repeal' or 'impair'. The 'design' was still to con demn usury, and when usury reached such proportions as more than five per cent, per month, to enhance the existing penalties of civil forfeitures by adding the criminal penalty of misdemeanor, which would attach and apply to the per son of the usurer. This was recognized in King v. State, 136 Ga. 709, 717 (71 S. E. 1903), where it was said: 'Having passed a general law defining usury and providing for forfeitures and penalties for exacting it, the legislature had the further right to denounce a certain class of usurers and to make penal the exaction of interest exceeding five per cent, per month.' In Jackson v. State, 5 Ga. App. 177 (62 S.E. 726), it was said: 'The sole purpose of the act is to make it penal "to reserve, charge, or take" interest for the use of money in excess of five per cent, per month, under any contract where the relation of debtor and creditor is created or survives.'" (192 Ga. 652)
EXHIBIT "D"
NATIONAL BETTER BUSINESS BUREAU
Incorporated
230 Park Avenue
New York, N. Y. 10017
October, 1964
ADVERTISING OP SECOND MORTGAGE BROKERS
Debt Consolidation Plans Can Prove Costly
A clever scheme which offers home owners whose debts exceed their capacity to repay an opportunity to reduce the amount of their monthly payments is spreading like wild-fire throughout the United States and Canada. As security, the over-indebted home owner is required to give a second mortgage on his dwelling. The terms sound attractive until he multiplies the amount of his monthly payment by the number of months he must pay over a period of 3-5 years.
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He then discovers that he has obligated himself for a new debt up to twice as much or more than the debts he has "consolidated."
There are substantial firms and individuals engaged in the business of mak ing second mortgage loans and this bulletin is not intended as a criticism of their activities. Rather, it is intended to aid the public in obtaining necessary detailed information about all the obligations they assume in their transactions with money-finding intermediates.
The tactics employed by these advertisers are reminiscent of those used by "debt pooling" or "debt adjustment" firms whose activities have now been out lawed by legislation passed in at least 16 states and placed under a degree of regulation by other states and communities.
Published in Cooperation With the Committee on Financial Advertising Association of Better Business Bureaus, Inc.
Newspaper advertising holds forth the following lures:
HOME OWNER LOANS NEED $2,000 OR MORE? REPAY ONLY $35 MONTHLY INCLUDING INTEREST CONSOLIDATE YOUR DEBTS
Reduce Your Monthly Payments By 50% or More
LET US SHOW YOU HOW TO PAY OFF EVERYTHING YOU OWE
Yet Pay at a Rate up to 50% Lower
The principal targets for the second mortgage brokers are property owning people who have saddled themselves with heavy debt on consumer purchases. Some of the advertising refers to the financing of home improvements or the use of second mortgages for other purposes. Some home improvement companies have engaged in this type of advertising themselves. In fact, there is the case of a couple in Ohio who were offered $3,880 to pay for the installation of a recrea tion room although they already had a recreation room and none of the money would actually be spent for home improvement purposes. However, the great majority of the victims are people who have made purchases on the installment plan, often coupled with personal loans, to a degree where they find payment of the monthly installments a problem.
Individuals who respond to the advertising are offered the opportunity to "consolidate your debts" and pay them off through one loan to be secured by a second mortgage. They are told that this can be paid back over a period gen erally ranging from three to five years in monthly installments which will be but a fraction of the amount they are presently paying. They may be told the amount of interest to be paid--from six to eight per cent depending on what is
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legal in a given state. Frequently, that is all they are told before they sign a contract.
MANY CHARGES INVOLVED
Many of the home owners complaining to Better Business Bureaus seem to be confused as to the amount of "interest" they are being charged on their loan. Actually, the interest rate is within legal limits. What these people do not seem to understand is that, in addition to the money they will receive, charges for various service fees also become part of the total loan. Most notable is the broker's "placement" or "money finder's" fee which can be quite substantial and may range from $500 on a $1,000 mortgage to more than $2,000 on a $5,000 loan. In addition, the second mortgage broker will frequently demand an initial deposit for investigating a loan application and this deposit is not refundable if the application is turned down.
Frequently, in addition to the original money-finder, there is another broker standing between the debtor and the ultimate money-lending institution. He too receives a fee for his services.
There may also be an appraisal fee, an attorney's fee, fees for photographs, fees for "searches," "preparation of instruments," "recordings," etc. Even if the loan itself is paid off in advance, none of these charges are refunded or pro rated. The net result is a total loan which, in most cases reported to Better Business Bureaus, is approximately double the amount the borrower received to "consolidate" his old debts.
For example, a lady in Ohio who borrowed $3,000 found herself obliged to pay back a total of $5,850 in monthly payments of $97.50 each over a five-year period. In addition to 6% interest, total settlement costs were listed as follows:
Searches ______--____--__,,__----_._,,___________,,,,.__________________________._--_______$ 35 Credit Reports _______-_-_______,,________________,,______________.,,__________,,_______,,__,,._,,. 20 Investigation costs _____------___,..___.,,,,__________________,,_________ 30 Preparation of Instruments _______________ ,,_-___________________________________ 50 Placement fee ---.___--_--_.._.__,,____----____________________________ 1,375 Brokerage fee ______________________________________________________,,_,,_........_ 450 Recordings ___.--_--_______.--_--____,,___,,_____ __________,,_________________ 20 Appraisal __________ _-____,,_____,,_____,,___,,,,_.____________________ 45 Closing costs _________ __,,___,,_,,_.-_,,______--_-______._____________________ 50
$2,075
SAME ACTUAL CASES
Here are a few examples of additional actual cases:
A borrower in New Jersey, seeking $4,800, became indebted for $9,600
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including a placement fee of $3,900, 6% interest on the face of the fiveyear loan and other charges.
An employee of an air force base in Alabama obtained $2,500 to "consoli date his debts" and make some repairs to his home; the total payment over a five-year period was $4,968.
In Maryland, a borrower of $500 became obligated to pay back $1,422 in less than two years.
A home owner in North Carolina, who borrowed $1,200 became obligated for a total payback of $2,286. Another in the same state borrowed $3,000 and in five years was to pay back $6,000.
A man in Alberta, Canada was told that he could borrow $2,000 repayable at $35 per month. It subsequently developed that the $35 monthly pay ments were for a two-year period only, following which they were in creased to $70 a month.
A couple in Ohio who wished to obtain a loan of $1,900 was required to deliver a mortgage for $3,260 plus 6% interest per year.
An elderly couple in Texas signed papers obligating them to repay a loan of $2,400 in return for $600 to pay off bills and some repairs to their home; they actually received only $300 and the repairs were never com pleted.
An Indiana debtor agreed to pay $6,952 over a five-year period for a loan of $3,800.
One company in Philadelphia has issued a chart showing that the total pay back on a $1,000 loan over a four-year period is $1,981.44, while the payback on a five-year loan for $5,000 amounts to $8,898.60.
LACK OF REGULATION
Most of these advertisers who purport to offer overburdened debtors an easy way out of their financial troubles do not lend any money themselves. The names adopted by many of the concerns suggest that they are "investment," "finance," "mortgage," or "bond and mortgage" companies. Seldom do they engage in any of these functions. They are simply brokers who arrange with other financial institutions to lend the money to the home owner. Usually this financial institution has its headquarters in a state other than that in which the property is located.
Banks, savings and loan associations, personal finance companies and most other lending institutions are governed by state laws for the protection of the public. However, second mortgage brokers are exempt from any regulatory authority in most states. Most of them are not licensed as real estate brokers or as money lending agencies. They may charge any fee they wish for arranging a loan. As noted previously, there is sometimes more than one money-finder or broker charging fees for a single transaction.
Frequently, these companies lead a precarious existence. Often they have no established office in the city or cities in which they may be operating. The only address given in the advertising may be a post office box, or a telephone
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2609
number may be listed which, upon investigation, proves to be that of a telephone answering service. Dozens of them have already ceased operations leaving a trail of overcharged victims in their wake. The fact that the company which actually lends the money may be located hundreds of miles away adds to the diffi culties of complainants in obtaining any satisfaction for their grievances.
SOME STATES TAKE ACTION
The number of these second mortgage brokers has increased enormously. In New Jersey alone, more than eighty companies have been found making shortterm loans to home owners at rates that require repayments of up to twice the amounts actually received, according to the New Jersey Real Estate Commission. Authorities in that state, where the law requires that firms arranging mort gage loans be licensed as real estate brokers, have been moving to put unlicensed companies out of business.
The Wisconsin Banking Department has ruled that the charging of a broker age fee in addition to the maximum rate of interest would be usurious under Wisconsin statutes. The Illinois Department of Financial Institutions has issued Advertising Rules to regulate this type of promotion.
In Ohio, the Better Business Bureaus have performed yeoman work in oppos ing the activities of questionable second mortgage brokers. Quo warranto petitions by prosecutors to remove the state franchises of several of the com panies have resulted in the disappearance of many of the money-finding firms. However, as the Better Business Bureau of Central Ohio stated in a recent bulletin:
"Other finders have sprung up and died swift and sudden deaths, but if the experience of the rest of the country is any indication, there will be more to come."
The second mortgage brokers have also invaded Canada where legislation has been enacted or proposed in several provinces in an effort to regulate their activities.
INVESTIGATE FIRST
In most areas, the best protection to the home owner against questionable second mortgage brokers lies in the individual's willingness and determination to investigate thoroughly before he signs any contract.
He should make inquiry of the Better Business Bureau to determine what facts they have on a particular money-finder and his methods of operation.
He should make inquiry of the financial institution that hold the first mort gage on his home. They may not be authorized to make a second mortgage loan but may be able to refinance the first mortgage or refer the customer to a reliable source of second mortgage money.
Money is generally available to overindebted home owners through legiti mate, reasonably priced channels. For example, an individual in Baltimore re-
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ceived a loan of $1,750 through a second mortgage broker to be repaid over a five-year period with costs, including interest, totalling an additional $1,700. According to the Baltimore Better Business Bureau, the same loan, with the same five-year repayment schedule, placed with a certain local company, would have saved the borrower more than $800.
Above all, the home owner, who is deeply in debt and desperately searching for a way out, should never sign any blank papers. He should never sign any document until he has read it carefully and is sure that he fully understands its meaning and implications. He should be sure that all fees and charges are listed and understood by him. If he is in any doubt, he should consult an attorney of his own choosing.
Printed in U.S.A.
HOUSE OF REPRESENTATIVES
Atlanta
December 15, 1964
TO: Honorable George T. Smith Speaker, House of Representatives
and
Members of the House of Representatives
Mr. Speaker, your committee to study admissions, policies, and generally review other aspects of the University System of Georgia, wishes to present their attached report.
Your Committee surveyed the system, reviewed some of the problems con fronting the University System and personally inspected several of the college campuses.
We wish to thank the faculty and staff of all of the units of the University System, Dr. Martin and his competent staff, and the membership of the State Board of Regents for their aid in helping your Committee accomplish its mission with dispatch.
We would be amiss if we did not express our appreciation to the director of admissions throughout the University System of Georgia for their extra effort in assuring that our information was both correct and informative.
Respectfully submitted, James H. Floyd
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FINDINGS
1. Admission Policies--Policies were outlined at each institution and the Committee found that in each unit of the System the criteria for admission is basically the same. Dr. John Hills has derived a formula using high school records, college board exam scores, etc., which has proved a very successful pre diction of future college success.
We find that any Georgia high school graduate with a creditable high school record and a basic desire to succeed in college level work, can find a place within the frame work of the University System of Georgia.
2. The Summer Trial Program in which the sub-normal student is allowed an opportunity to demonstrate his ability to pass college level work is most suc cessful. This program permits the student who is refused admission a "good ole American chance", even when his College Board scores or high school records are not strong enough for regular admission.
3. We find the cost per student instructed at the freshman and sophomore level in the neighborhood junior college to be substantially less than that of the resident student in our senior institutions.
4. A critical situation in student population now exists in our University System and shall from all indications become even more critical by 1970 if some relief is not available.
5. The amount of funds spent annually on student and faculty housing com pared with the amounts spent on those facilities used for academic instructional purposes are, we consider, out of proportion.
6. This committee was astounded with the fees and commissions paid to various technical people, primarily architects, in the design of buildings.
7. This committee wishes to express its concern over the evident lack of disciplinary control of the resident student body in some units of the University System, during those periods of the day normally set aside for rest and study. Library facilities are too expensive for massive study hall use.
8. Pressure by local citizens to immediately enlarge our new junior colleges to the four-year level is viewed with alarm by this committee.
9. We of the Committee found an excellent demonstration of forward thought in the DeKalb County Junior College-Vocational School combination. Here the students can be and are encouraged to cross the academic and vocational lines of instruction with ease. The adequate acreage already acquired and the future plans of this institution demonstrate a remarkable foresight into the future needs of the neighborhood Junior College, as well as the Vocational Technical School Program.
10. Georgia Southern College has shown independent initiative in their leasing of private dormitory spaces for students. The dormitories are completely under college faculty control, but are privately owned, maintained, and financed.
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We wish to commend Dr. Henderson, his faculty, and Bulloch County for their efforts in this successful venture. These buildings house approximately 670 stu dents at no cost to the taxpayer.
RECOMMENDATIONS
1. Admissions Policy: We recommend Dr. John Hills for the success of the present method of admission screening and recommend that the present levels set at the different institutions not be lowered. We further recommend that Geor gia citizens be given preference when an admission decision is made.
2. Summer Trial Program: We recommend that the Summer Trial Program be expanded in principal as well as in practice.
3. Housing Expenditures: This Committee recommends that no future state funds be expended for student or faculty housing in the neighborhood Junior College program.
4. Student Population Explosion: We recommend that the neighborhood Junior College program be expanded immediately in a planned and orderly manner, so as to relieve the Senior institutions at the freshman and sophomore level. We further recommend that future emphasis be placed on classroom and faculty salary expenditures rather than housing, extracurricular buildings, etc.
5. Housing Expenditures: It is the feeling of this committee that at present the State must utilize to the utmost funds available to train as many students as possible. Therefore, we again indorse the Neighborhood Junior College Pro gram with its commuting student body.
6. Fees and Commissions: We recommend that an effort be made to stand ardize the construction of future neighborhood Junior College facilities and emphasis be placed on a low ratio of dollar per student, rather than splendid exterior design. We further recommend that building plans be standardized to allow small additions or deletions to a standard basic plan and hence even the feasibility of centralized material purchasing be considered.
7. Disciplinary Control: In some institutions the committee found a definite program of curtailment of the student's free time in the event his grades fell below a certain minimum. Also the close supervision of the dormitories by faculty and/or graduate students is recommended. Existing rules, we feel,, should either be improved or up-dated where those rules are not meeting the need. We found that some rules would not be effective even if they were enforced. The Board of Regents could probably aid in the solution of this problem by adopting some basic standards for dormitory regulations throughout the System.
8. Local Citizen Pressure: This Committee recommends that the expansion of the Neighborhood Junior College Program into a community not be considered unless a minimum of one hundred acres of usable land and a projected enrollment of a minimum of 800 students be predicted within three to five years. As to the expansion of our Neighborhood Junior Colleges into four-year institutions, we feel that a projected minimum enrollment for this to occur would be 3,000 stu dents. These small junior colleges, if properly utilized, can be the salvation
INTERIM COMMITTEE REPORTS
2613
of our Senior four-year institutions, and allow an expansion of our graduate research facilities.
9. Junior College-Vocational School Combinations: We recommend that the Neighborhood Junior College plans for expansion be correllated with the State Board of Education's plans for the location of Vocational-Technical Schools. A substantial savings in faculty salaries and real estate purchuases could be af fected if these schools could be built on adjoining sites.
10. Private Dormitories: Georgia Southern College has found one answer to the continuing need for dormitory construction. Georgia Southern's lead has been followed closely by the University of Georgia. We recommend that other institutions immediately investigate the possibility of private or corporate con struction of dormitory facilities available for lease.
Respectfully submitted, /s/ James H. Ployd /s/ John H. Moore /s/ Chappell Matthews /s/ Mac Pickard /s/ Marvin E. Moate /s/ Abney of Walker /s/ Andrews of Stephens /s/ Wales Flynt /s/ Russell of Thomas /s/ Lee of Clayton /s/ Houston of Pierce
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GEN ERAL ASSEMBLY OF GEORGIA
JOINT REPORT OF THE SENATE COMMITTEE CREATED TO MAKE A COMPREHENSIVE INQUIRY INTO THE STONE MOUNTAIN MEMORIAL ASSOCIATION AND THE STONE MOUNTAIN PROJECT AND THE HOUSE COMMITTEE TO STUDY THE FINANCIAL OPERATION SURROUNDING STATE OWNED STONE MOUNTAIN AND THE DEVELOPMENT PLANS THEREOF.
I
COMPOSITION OF COMMITTEE
On June 3, 1964, at the May-June Extraordinary Session of the General Assembly of Georgia, Senate Resolution No. 30 was adopted creating a committee
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JOURNAL OF THE HOUSE,
to make a comprehensive inquiry into the Stone Mountain Memorial Association and the Stone Mountain Project. Pursuant to this Resolution, Lieutenant Gov ernor Peter Zack Geer, President of the Senate, appointed the following mem bers of the Senate to serve on such committee:
Honorable Robert E. Lee, Jr., Chairman Senator, 47th District
Honorable Oby T. Brewer, Sr. Senator, 39th District
Honorable Albert F. Moore Senator, 31st District
Honorable Lamar R. Plunkett Senator, 30th District
Honorable Stanley E. Smith, Jr. Senator, 18th District
On June 4, 1964, the Honorable George T. Smith, Speaker of the House of Representatives, pursuant to House Resolution No. 558, appointed a committee to make a study and investigation of the financial operations and development plans of the Stone Mountain Memorial Association. The following members of the House were appointed to serve on the committee:
Honorable William S. Lee, Chairman Representative, Dougherty County
Honorable Tom C. Carr Representative, Washington County
Honorable Maddox J. Hale Representative, Dade County
Honorable Fred C. Jones, Jr. Representative, Lumpkin County
Honorable William J. Wiggins Representative, Carroll County
The Senate and House committees met in joint session on June 17, 1964. It was the unanimous opinion of the members of both committees that the two committees over-lapped and were created for essentially the same purposes. In view of this fact, the two committees voted unanimously to consolidate and operate, in substance, as a joint committee.
Honorable William S. Lee, Chairman
Honorable Robert E. Lee, Jr., Vice-Chairman
Honorable Stanley E. Smith, Jr., Secretary
INTERIM COMMITTEE REPORTS
1615
II
HISTORY OF EFFORTS TO DEVELOP STONE MOUNTAIN
Stone Mountain is located in DeKalb County, Georgia, about 16 miles east of Atlanta. It is a mountain of granite and is considered one of this nation's great natural phenomena. It is two miles long, one half mile wide, and seven miles around the base. Its summit is almost 2,000 feet above sea level and about 800 feet above the surrounding plain. About 25,000,000 square feet of granite is exposed.
The north face of the mountain is almost a sheer precipice. The idea of carving a memorial on the north face was conceived in 1914. The United Daugh ters of the Confederacy were impressed with the idea and, in 1916, formed the Stone Mountain Confederate Memorial Association. This Association commis sioned Gutzon Borglum, a sculptor, to design and execute a carving on the north face of Stone Mountain as a memorial to leaders of the Confederacy.
Borglum's design envisaged a gigantic panorama of an army gathering around its leaders, the whole carving to measure about 200 feet in height and 1,300 feet in length. However, World War I intervened and actual work was not begun until 1923.
Financing of the carving was to be largely by public subscription. However, it is interesting to note that in 1924 Congress authorized the minting of Con federate Memorial half-dollars to be sold to the Memorial Association at par. The Association in turn was to sell the pieces at $1.00 and up, with the net proceeds going to finance the carving.
In 1925, a dispute arose between the Association and Borglum concerning the rate of progress. Borglum was dismissed and reportedly destroyed his carv ing models. However, there is some question as to whether the models were actually destroyed.
The Association then commissioned Augustus Lukeman to carry on the work. Lukeman had to begin a new design as he did not have access to the Borg lum models. The Lukeman design is not as elaborate as that of Borglum; it has only the figures of Lee, Davis, Jackson, and a color bearer, and Lee's horse Traveler.
Lukeman dropped beneath the Borglum carving and commenced his design. However, in 1928, Lukeman was forced to discontinue because of a lack of funds. The carving at that time consisted of a fairly completed Lee, the outline of his horse, Traveler, and a rough blocking out of the figures of Davis and Jackson.
Several times during the 1930's unsuccessful efforts were made to finance the completion of the carving. However, no additional carving was done from 1928 until 1964.
In 1940, the Governor of Georgia appointed a Stone Mountain Memorial Commission to investigate the possibility of developing the area as a State park. In 1941, the General Assembly passed the State Park Authority Act (Ga. Acts 1941, pages 257, 258). This authority was authorized to complete the Con-
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JOURNAL OF THE HOUSE,
federate Memorial at Stone Mountain and to develop parks and recreational areas in connection with same.
This authority obtained options on the mountain and surrounding property and sought financial help from the Reconstruction Finance Corporation. How ever, the RFC postponed action on the application because of World War II. Toward the end of the War, the authorities' options expired and were acquired by DeKalb County. The authority again attempted to obtain a loan from the RFC but the war in Korea intervened and the loan application was postponed. The Act creating this authority was repealed in 1959.
In the 1950's a group of prominent businessmen in the Fulton-DeKalb County areas banded together to purchase the mountain and surrounding ter rain with the view of completing the memorial. However, the group did not have the power of eminent domain and was unable to obtain an option on one indis pensable parcel of land. The group was successful in convincing the Governor of Georgia of the desirability and feasibility of completing the memorial and developing the area. As a result, the General Assembly of Georgia passed the Act creating the present Stone Mountain Association in 1958.
Ill
CREATION OF THE PRESENT STONE MOUNTAIN MEMORIAL ASSOCIATION
The Act creating the present Stone Mountain Memorial Association was passed at the 1958 Session of the General Assembly of Georgia (Ga. Laws, 1958, page 61). The Act contains 34 sections and is not being set out in detail. In pertinent summary the Act does the following:
(1) Creates the Stone Mountain Memorial Association as a body corporate and politic and an instrumentality and public corporation of the State with per petual existence.
(2) Provides that the membership of the Association shall be composed of the Secretary of State, the Attorney General, the Chairman of the Public Serv ice Commission, the Commissioner of Agriculture, and three members to be appointed by the Governor for a total of seven.
(3) Provides that the Association may adopt by-laws for its government; that four shall constitute a quorum; and that a majority vote of the quorum shall be sufficient to transact business.
(4) Authorizes the Association to acquire Stone Mountain and the sur rounding area, not to exceed 2,500 acres, at a sum not in excess of $1,500,000.00; to purchase, lease and dispose of real and personal property; to contract; to construct and improve; to borrow money and to issue bonds; to pledge property or revenue for payment of bonds; to establish rates, fees, etc.; to exercise any lawful power granted to private corporations; to do all things necessary to carry out its powers.
INTERIM COMMITTEE REPORTS
2617
(5) Provides for condemnation.
(6) Authorizes issuance of negotiable bonds not to exceed $2,500,000.00 to pay all or any part of cost of project, together with additional bonds not to exceed $1,500,000.00 to acquire the property.
(7) Establishes the overall purpose of the Act as being to acquire, develop, operate and maintain Stone Mountain and property adjacent thereto as a Con federate Memorial and public recreation area by means of long-term revenue bond financing.
The 1959 Session of the General Assembly amended the above 1958 Act (Ga. Laws 1959, page 333) in pertinent part as follows:
(1) Removes the restriction of land acquisition of 2,500 acres and empowers the Association to acquire Stone Mountain and such surrounding area as deemed necessary for proper development.
(2) Removes the limit of $1,500,000.00 for purchase of the mountain and land.
(3) Increases the bonding authority to $5,000,000.00.
The 1964 Session of the General Assembly again amended the original Act (Ga. Laws 1964, page 357) in pertinent part as follows:
(1) Increases the bonding authority from $5,000,000.00 to $10,000,000.00.
(2) In substance guaranteeing payment of bonded obligation by the State.
The 1963 Session of the General Assembly passed a separate Act (not an amendatory Act) authorizing the appointment of security officers to safeguard the Association's property. Such officers were given the same arrest authority as sheriffs on the premises controlled by the Association (Ga. Laws 1963, page 649).
Attention is directed to the word "Association" in the name "Stone Moun tain Memorial Association". This word could just as well have been "Authority" so that the name would have been "Stone Mountain Memorial Authority". In fact and substance, the Association is an authority although it is commonly referred to as the Association.
As a matter of interest, the method of financing the Association operations follows.
The laws of the State only authorize appropriations to be made to State entities. No direct appropriation is made to the Association as such. There exists by executive order, an organization called the Stone Mountain Memorial Com mittee to which funds are appropriated. The Committee has certain contracts with the Association under which it channels appropriated funds to the Associa tion. In substance, these funds defray operational expenses of the Association.
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In addition, the Association has certain lease agreements with the Depart ment of State Parks. Funds are appropriated annually to this Department which in turn are paid to the Association under the lease agreements. These funds are used by the Association primarily to meet bonded obligations of indebtedness.
In addition to the funds received through the Committee and the Parks Department, the Association, as operating manager of the Park, receives cer tain funds generated by the Park operations. For example, income from con cession contracts, income from concessions operated directly by the Association, income from the sale of material, etc.
IV
SCOPE OF STUDY AND INVESTIGATION
In 1958, at the time the Stone Mountain Memorial Association was created, the only developments in the Stone Mountain area were the unfinished Lukeman carving and two or three small frame buildings, housing snack bars and novelties.
Since 1958 in excess of $11,000,000.00 has been spent at the mountain by the Association. In addition, in excess of $2,000,000.00 has been invested by private interests.
The Association has acquired the mountain and about 3,000 acres of sur rounding terrain. In addition to a number of buildings, it has constructed a large 416 acre lake, several small lakes totalling 30 acres, 12 miles of paved roads, 6.9 miles of water main distribution, 2.6 miles of central sewage-main systems, 3.6 miles of roadway lighting, and 2,160 paved parking spaces.
Expenditures by the Association, from its inception in 1958 to June 30, 1964, for property and facilities, totalled $9,561,592.32. Expenditures during the same period for administration, operation, prison camp, etc., totalled $1,903,224.60. The following two pages of this report reflect a breakdown of all expenditures.
At the outset, the committee determined that it would be impractical for the committee, as a whole, to study in detail the many and varied ramifications of the Stone Mountain Memorial Association. Accordingly, the ten members were divided into five two-men teams, with each team being responsible for detailed study of the category assigned to it. The categories established for team study were: 1) Construction, 2) Carving, 3) Concessionaires, 4) Audits, and 5) Mis cellaneous. The results of the team studies are set out below:
A. Construction
Your committee, in its study of construction, has investigated the methods used by the Association to construct the facilities now at the mountain, with a view toward determining the soundness of practices following and possible irregularities. This included a detailed study of all major construction.
The committee studied the Heyman Report of 1950, the Robert and Company Report of 1959, and the University of Georgia Report of January, 1964. These reports are engineering and/or economic feasibility studies. They
INTERIM COMMITTEE REPORTS
2619
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2621
were made for the apparent purpose of establishing guide lines, costs esti mates, and projected income relative to the development of the Stone Moun tain Park. A comparison of actual development with the recommendations in these reports reflects that the Association has failed to develop and follow a specific long-range program.
It is apparent to the committee that several of the major decisions as to development were made by one or two men rather than by the entire Association membership. These decisions are believed to have been based on "whim and fancy" rather than sound engineering and feasibility principles.
The attention of the Association is directed to the University of Georgia report recommending an activities analysis survey and a traffic engineering survey. It is suggested that the Association thoroughly review its current program in the light of these recommendations and arrive at a firm decision as to whether these two surveys are needed.
An analysis of expenditures reveals that the Association has paid over $500,000.00 as of June 30, 1964, to various engineers and architects. The com mittee finds that in spite of these expenditures, there has been no apparent coordination of design in building construction. This is particularly evidenced by the Marina which gives the impression of an Oriental or Polynesian decor. It is recommended that the Association review its engineering and architec tural policies with the view of establishing a coordinated program of design and insuring "value received" for future expenditures in these areas.
Three of the major construction contracts were let on a cost plus fixed fee basis rather than on the normal competitive low bid basis. These three contracts represented an aggregate expenditure of almost $3,000,000.00 and related to the following three facilities: the mountain top facility; the Plantation; and the motel.
Mountain Top Facility. The committee was informed that it was im possible to obtain competitive bids on this facility because of the unusual problems involving in building on top of a mountain of granite. The com mittee recognizes that it was probably necessary to let this contract on a cost plus basis. The records on this facility do not indicate that the Associa tion discussed this project or obtained estimates from any contractor other than the contractor that did the construction. It is entirely possbile that costs could have been lowered had the Association negotiated with several different contractors.
The mountain top facility is a beautiful structure, but what appalls the visitor is the fact that this investment of over $600,000.00 (at the time of this study) is only being partially utilized. It is hoped that the Association will make full use of this facility by the time of the official opening.
Plantation. The original concept of the Plantation was presented to the Association by Mr. Kenneth Garcia, an interior decorator; Mrs. Christine Mitchell (now Mrs. Matt L. McWhorter) ; and Mr. James Means, a resi dential architect. This concept proposed a three-structure project, financed by private individuals with the Association receiving a ground rental. How ever, the then Chairman of the Association, Mr. Matt McWhorter, developed
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the present eighteen structure Plantation project and financed it with Asso ciation funds. The completed project was thereafter leased to Mrs. Mitchell and associates, for furnishing and operation purposes. The construction of this project consisted primarily of moving old buildings to the site and the restoration of same. The total cost for this project was $547,230.98, as of June 30, 1964. Records reveal that Mrs. Mitchell and associates were reim bursed the sum of $5,000.00, which they had expended in formulating their plans, prior to the time they submitted this plan to the Association. Your committee can understand that construction of a renovation and restoration nature might not lend itself to competitive bidding.
Motel. This facility was constructed under a cost plus fixed fee con tract and has involved an expenditure as of June 30, 1964, of $1,695,192.46, and is not yet fully completed. This construction has created a great deal of adverse publicity and has required a considerable amount of time for study by the committee. In its study, the committee interviewed the follow ing: members of the Association, the Association engineer, the architect, the contractor, as well as examining records of the Association. At the re quest of your committee, the State Auditor interviewed subcontractors who worked on the motel, to varify proper bidding and purchase procedures.
This study has consisted of: how this contract was originated; why the motel was built; why it was a negotiated contract; the reason for the motel being built in the particular location that it is, since that location required a great expenditure for fill and grading; determining whether due diligence was exercised by the contractor in obtaining subcontract; investigation of a report that there were other plans for a motel; study of the excessive cost of grading and fill; and how could this large an item be constructed without the members of the Association knowing about it.
The motel contract was executed by Mr. Matt McWhorter, the then Chairman of the Association, in September, 1962. However, the minutes of the Association show no reference of any type to the motel until March 11, 1963, at which time about 50% of the construction had been completed. This obviously shows that there was no formal Association decision to build a motel nor was there formal approval of the contract.
Your committee believes that there had been informal discussion among members from time to time about a motel. As a matter of fact, several members advised that they had informally voiced opposition to the Chair man on constructing a motel inside the Park.
All members serving on the Association at the time of the motel con struction, were interviewed as to their knowledge concerning this contract. All, with the exception of the Chairman, stated that they did not know the motel was being constructed until it was well under way. Records at this time show that meetings of the Association were being held at the Capitol area rather than on the site at Stone Mountain. The committee does not feel this relieved the members of their responsibility to physically inspect the property and to be at least familiar with major undertakings.
The contractor who built the motel stated to your committee that he had proposed to the Chairman, for several years, the idea of building a motel of 40 to 50 rooms outside the grounds on the main highway. He said that
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he had spent approximately $5,000.00 for preliminary plans and submitted same to a national chain for a franchise, which was not granted. The con tractor and the architect both stated that cost of this construction was increased by bad weather and scarcity of skilled labor in the area at the time.
Your committee finds that construction on the motel commenced before detailed plans and specifications from the architect were available.
The files of the Association show that the architect's plans and speci fications were still being requested by the Association engineer when a great deal of construction had already taken place and that an up-to-date estimate of cost from the architect was not obtained for control of construction until the motel was approximately 70% completed and costs had already con sumed the amount of the original estimate.
Your committee's study of the various engineering reports revealed no recommendation or need for the construction of a motel in the Park. It was also established that there were no studies made to establish requirements for a motel or its economic feasibility. In addition, there was no formal approval by the Association. The conclusion is that this construction had to be based primarily upon the individual "whim and fancy" of the then Chair man, with little thought or consideration as to the amount of investment required for construction. It is further believed that the location of the motel was established in the same manner as the construction--at the direc tion of the Chairman without benefit of engineering studies.
Former Chairman MeWhorter explained to the committee that the con tract was let on a cost plus fixed fee basis because of a time element in volved. He said that the Park was scheduled for a formal opening in the Spring of 1963 and that he was informed that the highway by-pass would also be completed at that time. He considered it desirable to have the motel completed at the same time. It would have been impossible to await detailed plans and specifications, submit same to competitive bidding, and have the construction completed for the formal opening. Because of this time factor, the contract was let on a cost plus basis.
Your committee does not concur in this reasoning. It is the unanimous opinion of the committee that if a motel was to be constructed, that the contract should have been let on the sound basis of competitive bidding.
In addition, the committee finds that the execution of this contract was in violation of the 1958 by-laws of the Association in two instances:
1. Article 10 of the by-laws required that all construction work be awarded on the basis of competitive bids to the lowest and best bidder.
2. Article 7 authorized the Chairman to execute contracts in be half of the Association but only after the contracts had been approved.
The committee can find no justification for the handling of this con tract in violation of the by-laws.
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Your committee obtained the assistance of the State Auditor for the purpose of investigating subcontractors and the prices charged for materials used in construction. He obtained sworn statements from the subcontractors which indicated that they bid on a competitive basis and that their trans actions were conducted in accordance with established business practices. Attention is directed to the section of this report entitled "Audits" for further elaboration on this point.
Your committee also found a number of instances where bids were obtained on a unit basis for an estimated number of units. After the con tract was let the number of units involved was materially increased, thus increasing the amount of the contract. This was particularly true in the areas of road work, fill dirt, etc. One example is the purchase order issued on grading and fill at the motel site. The original estimate was for a cer tain number of units at a total cost of $78,240.00. However, an increase in the units resulted in a final cost of $116,892.00. The extension of contracts is sometimes practical and desirable. However, same should be maintained within reasonable and realistic bounds.
B. Carving and Memorial
The present Association plans call for completion of the Lukeman carv ing on Stone Mountain and the development of a memorial beneath the carv ing.
As stated in Section II of this report, there were two unsuccessful at tempts by sculptors to carve Confederate Memorials on Stone Mountain during the 1920's. The sculptors were, first, Gutzon Borglum, and second, Augustus Lukeman, each of whom had prepared models.
In the beginning the Association recognized that previous development efforts emphasizing the memorial aspects had failed. Therefore, the Asso ciation decided to initially emphasize other phases of development and to defer the memorial aspects. This has been done as is evidenced by the present status of the overall development.
However, the Association is now giving top priority to completion of the memorial aspects. Work was resumed on the Lukeman carving on July 11, 1964, with a three year estimated projection of completion. The com mittee agrees that priority should now be given to the memorial area.
There has been some criticism both publicly and to the committee of various areas of the memorial aspect. Some believe that carving will scar the mountain and should not be attempted. Others believe that the Borglum models should be used rather than the Lukeman. Objections have been raised as to the sculptor selected and wages paid to the carvers.
Your committee has studied this area extensively. The study included a meeting with 12 independent executives in the granite industry, a review of the method used in selecting a sculptor, an interview with the sculptor, interviews with past and present employees, interviews with the carvers, examination of contracts and records pertaining ta the carving and me morial, and an on-sight inspection of the carving.
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Your committee has concluded the following:
1. The committee is not competent to judge esthetic values such as whether the Borglum or Lukeman model should be used; whether the best sculptor was selected, etc. However, the committee does believe that the method of selection formulated by the Association was sound and business-like. In this connection, the Association obtained the assistance of Mr. Lamar Dodd, Head of the Arts Department at the University of Georgia, in establishing a group of internationally known artists to select a sculptor. Nine sculptors submitted memorial models to be judged on a competitive basis. As a result of this competition, Mr. Walker Hancock of Boston, Massachusetts, was selected.
2. The carving is feasible and can become an accomplished fact. The latest geological survey of Stone Mountain reveals that the moun tain can be successfully carved. This is verified by the fact that some carving has already been accomplished as of the writing of this report.
3. Cost estimates appear to be well-founded. Actually, the carving is progressing faster than originally estimated and final cost might well be below the estimate.
4. The wages paid the carvers and helpers are reasonable in the absence of fringe benefits and in consideration of the danger involved. It might be noted that excellent time and cost records are being main tained.
Mr. Hancock made a most impressive appearance before the committee.
He exhibited an enthusiasm for the carving and memorial which was contageous. He remarked that no carving of this magnitude has been done in the last four to five thousand years. He initially doubted the wisdom of carv ing but said that after the heads of Lee and Jackson were cleaned that he recognized the excellence of what had been done. He predicts that the carving will become a world-wide attraction.
Your committee is unanimous in its enthusiasm over the carving. It is the committee's hope that the general public will share this enthusiasm with the end result of producing a memorial of such magnitude and beauty that it will literally become a world-wide attraction.
C. Concessionaires
The Stone Mountain Memorial Association has entered into contracts with concessionaires for the operation of a number of the facilities at the Park. These are identified as follows:
1. Berlo of Georgia, Inc.--for the sale of food and novelties.
2. William C. Gibson--for the operation of camping sites.
3. Memorial Food and Concessions, Inc.--for the operation of the restaurant in Memorial Hall.
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4. C. T. Protsman--for the lease of a collection of antique automobiles, etc. This collection is on display in the Antique Car Museum. The Museum itself is operated by Stone Mountain Foods, Inc.
5. G. A. Rilling--for the operation of the Game Ranch.
6. Stone Mountain Airways, Inc.--for the operation of a cable car lift to the top of the mountain.
7. Stone Mountain Plantation, Inc.--for the furnishing and operation of an ante helium plantation complex.
8. Stone Mountain Riding Academy, Inc.--for the operating of a rid ing academy.
9. Stone Mountain Scenic Railroad, Inc.--for the operation of a frontier type railroad trip around the base of the mountain.
10. Stone Mountain Showboats, Inc.--for the operation of a Marina embracing steamboat rides on the lake.
In some instances the major capital investment involved in the conces sion was made by the Association. In other instances the major investment was made by the concessionaire. At the time of the study, approximately $2,750,000 of private capital has been invested in the concession area. All of the concession contracts provide for percentage rental payments to the Association based on gross income. Association income from these contracts totalled $97,198.88 for the fiscal year ending June 30, 1964.
Your committee finds that two of the contracts have been renegotiated providing in each instance for reduced income to the Association. The com mittee recognizes that this occurred during the period of park development and makes no comment on the equities of the matter. However, the committee recommends that in the event other contracts are renegotiated in the future in a fashion that reduces Association income, that the new contract protect the Association by restoring the lost income in the event gross receipts of the concessionaire justify the restoration in the future.
The committee has visited all of the concessions, interviewed the conces sionaires, and reviewed all contracts. In addition, an invitation was extended to all concessionaires through its Association of Concessionaires to appear be fore the committee as a whole in public session. Representatives of the rail road concession made such an appearance. The executive committee of the Association of Concessionaires further appeared in behalf of all concession
aires.
The concessionaires, as a whole, are enthusiastic about the future of the Park. Their relations with the Association and Park management are vastly improved and presently satisfactory. However, several of the concessionaires feel that they have a just grievance about certain areas of their contracts and certain business arrangements previously made with the Association.
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The committee finds that some of the concessionaires were informed that the Park would be officially opened as early as the Spring of 1962. The present schedule calls for an official opening in April of 1965. These conces sionaires made capital investments on the strength of an early opening. The committee recognizes that there is usually a risk in the investment of capital. However, the committee has a feeling of sympathy for the concessionaires and believes that the Association should have a similar feeling. It is sug gested that the Association consider appointing a subcommittee to afford all concessionaires an opportunity to have their grievances heard and investigated and that any inequities thereafter be adjusted.
Your committee feels that some of the concession contracts are for an excessive number of years. It is recognized that long term contracts are justi fied when the concessionaire makes a major capital investment. However, in instances where the major investment is made by the Association and only a minimum investment by the concessionaire, the contract should be of a short term nature. After such time as the Park is fully developed and an experience income factor can be reasonably determined, longer term con tracts might be reasonably justified in all instances.
It was suggested to the committe that the Association should operate all concessions rather than letting some on contract. However, the committee believes in the principle of free enterprise and private investment. It believes that concessions requiring a particular knowledge or skill for operation and appealing to limited visitors, should be operated by private enterprise; con cessions appealing to the general public and requiring no special skill should be operated by the Association. However, in all instances the Association should retain a high degree of control over the quality of the concession as one bad operation would reflect adversely on the entire Park.
There has been some critiicsm to the effect that concession prices at the Park are too high. The committee obtained a comparative list of prices charged by similar attractions throughout the country. A comparison shows that the prices at Stone Mountain compare favorably and, in many instances, are below the average.
It was reported to the committee that one of the major concessions was in severe financial distress but continued to sell stock to the "unsuspecting public". At the request of the committee the concessionaire furnished an upto-date financial statement prepared by a qualified certified public accountant. The statement reveals that the concessionaire is solvent and there is a reason able ratio between its assets and liabilities. However, this concessionaire, as well as practically all of the others, is not completely sound in so far as going business operations are concerned. This is due in part to the delay in the official opening of the Park, premature activation of concessions, the absence of a comprehensive national advertising program of the Park, and adverse criticism of the Park by news media during a critical period of operations. However, the committee believes that most, if not all, of the concessions will eventually become operationally sound.
D. Audits
The committee, in considering the matter of proper audit of funds and expenditures, decided to forgo the expense of a separate private audit and
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utilize the audits of the State Auditor and his services as well as the informa tion contained in a separate audit by the national firm of Haskins and Sells, who were in the process of complete audit at the instance of the Association.
The State Auditor has been most cooperative. He broadened the scope of his audit for the fiscal year ending June 30, 1964, to cover areas not normally covered, in addition, he made a comparative study of prices and purchases and obtained many statements, under oath, from persons con tracting and doing business with the Association.
The State Auditor appeared before the committee and made a general statement as to his knowledge of the affairs of the Association, after which he was questioned by members of the committee. He prepared and submitted the following quoted summary statement:
"The Auditing Department is making an audit as required by State law relative to the Stone Mountain Memorial Association. The Associa tion has retained the services of Haskins and Sells, Public Accountants, to make an audit of the Association from the time of its creation to the end of its immediate past fiscal year.
"I have questioned under oath certain officials of the Association, the contractors, subcontractors and others selling goods, equipment and materials to the Association particularly those involved in the construc tion of the motel on the property owned by the Association at Stone Mountain. These statements are sworn to and those questioned state that they were not involved in any type of conduct or dealings with the As sociation or anyone connected therewith that would be improper or illegal.
"I have compared the prices paid by the Association for goods, equipment and merchandise with the prices paid by the State Purchasing Department and find them comparatively the same.
"I have discussed the matter of the motel and other constructions and operations of the Association with the various members of the Association and have made numerous inquiries and investigations with reference to the operations of the Association.
"All of these investigations disclosed no action on the part of any member of the Association or employee of the Association which would be a violation of law.
"It is a reasonable conclusion that the Association and all those connected with the Association and those who have performed services for the Association have not committed any acts of malfeasance, misap propriation of funds or any other acts that would require adverse recom
mendations on my part."
The committee has studied all audits from the inception of the Associa tion through the Haskins and Sells audit of October 23, 1964 and has ex amined the sworn statements furnished by the State Auditor. The committee is of the opinion that whereas there are questions involving judgment as to
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expenditures in several instances, no malfeasances or misappropriations of funds are indicated.
The comprehensive audit of the private firm indicated that, ending June 30, 1962, cancelled checks and supporting vouchers of the Stone Mountain Memorial Committee, in the aggregate amount of $876,383.00, could not be located at the time of their audit. Haskins and Sells' auditors further stated that they traced $294,200.00 of the above amount to the Stone Mountain Memorial Association and that the receipt thereof was traced to the accounts of the Association. The auditors examined copies of the engineers estimate upon which the remainder of payments were made including copies of vendor's invoices and certificates of completion of contracts.
Your committee, in discussing the above unfortunate circumstances with the State Auditor, was told by him that all of these checks and supporting invoices were available and checked at the time of the 1962 State Audit, and that supporting and working papers in his office indicate same.
Your committee considers that the loss of cancelled checks and supporting vouchers for the year ending June 30, 1962, as most unfortunate and indicates a degree of negligence in handling these important records. However, upon the statement of the State Auditor, the committee considers that proper accountability has been made. The State Auditor's statement is quoted below:
"I discussed with you this morning the report of an examination on the Stone Mountain Memorial Association and Stone Mountain Memorial Committee made by the firm of Haskins and Sells, with particular reference to the comment which qualified their opinion to the effect that cancelled checks and various invoices supporting disbursements by the Committee in the year ended June 30, 1962, totalling $876,383.00 were not available for examination by Haskins and Sells at the time of their audit.
"The missing documents were in the possession of the accountant for the Association, Mr. A. Q. Atkinson, at the time of the examination made by the State Auditor at the close of the fiscal year 1962, and were listed individually in the working papers which support the report of that examination.
"It is apparent that the records were lost following the audit by this Department and previous to the audit by the firm of Haskins and Sells. The records of the Association were moved from the Department of Agriculture Building to the present Stone Mountain Office during the period of time, and it is quite possible that this accounts for their loss.
"The missing documents cover payments by the Committee of $294,241.20 rental payments to the Association, $535,999.95 payment for land and buildings, $15,323.70 interest on the bank loans, and the remainder covers payments for supplies, heat, lights, water, etc.
"Each of these items was seen individually by our Examiner, and no unusual expenditure was noted. The payments include disbursements against two contracts neither of which was closed until the following
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fiscal year. Therefore, the final records on these contracts were avail able for examination by Haskins and Sells.
"The work papers covering this examination are available to your Committee if you wish."
The following recommendations regarding audits and proper account ability of funds and records pertinent thereto made by Haskins and Sells are concurred in by the committee:
"TRUST INDENTURE
In general, greater effort should be made to see that the provisions of the Trust Indenture securing the 1962 Revenue Bonds are more closely adhered to. Specific instances of nonconformity are indicated in the report referred to above. In cases where the intent of provisions of the Trust In denture are not clear, the opinion of your attorney should be obtained.
"RECEIVING
We recommend that a receiving report form be utilized in connection with receipts of purchases and that specific individuals be assigned the re sponsibility for receiving all purchases and checking items received against those ordered, as indicated by purchase orders.
"PETTY CASH
We recommend that an effort be made to reduce the transactions through the petty cash fund maintained by the Warden at the prison by having purchases of produce and supplies billed to the Association through normal channels. The amount of this fund should then be reduced accordingly.
"INTERNAL CONTROL
Numerous instances of weaknesses in internal control were noted, gen erally due to the small number of personnel involved in accounting functions.
"It is our understanding that at least one additional person is to be employed in the accounting department in the near future. We suggest that consideration be given to assigning duties to this person with a view to achieving better internal control by proper separation of re ceiving and recording functions, etc."
E. Miscellaneous
1. Composition of the Association
As previously stated the Association is composed of four constitutional officers and three gubernatorial appointees. The committee finds that there is no direct relation between the primary functions of any of the constitu tional officers and the functions of the Association. For example, the Com-
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2631
missioner of Agriculture was elected by the people to serve in matters re lated to agriculture, not to develop memorial and recreational areas.
The committee further finds that none of the constitutional officers were contacted prior to being placed on the Association. As a matter of fact, several informed the committee that they did not even know they were on the Association until three of four days after the creating act was passed. The committee doubts the wisdom of placing constitutional officers on au thorities that are entirely foreign to the primary functions of the constitu tional office. The committee certainly questions the advisability of arbi trarily placing any such officer on any authority without first discussing the matter with the officer from a practical standpoint.
The committee has questioned numerous knowledgeable persons in the area of composition and has deliberated at great length on this subject. The majority of the persons interviewed believe that the Association as presently composed, is now functioning in a progressive, businesslike manner and that the best interests of the State would be served by leaving the Association in its present form. However, two concrete proposals as to changes have been made to the committee.
First -- that the creating act be amended to establish a five-member Association composed of the following: Director of the State Parks Depart ment; Chairman of the Board of Industry and Trade; President of the Geor gia Chamber of Commerce; and two appointees of the Governor. Your com mittee doubts the wisdom of this proposal for two principal reasons: (1) the development of Stone Mountain requires a continuity that would be lacking in such a composition as some of the offices involved fluctuate too frequently; (2) the practical problems involved that can be best expressed in the old adage of "changing horses in the middle of the stream".
Second -- the establishment of a board or commission to be responsible for the handling of the following properties: Stone Mountain Memorial Park, Jekyll Island Park, Henry Grady Hotel property, real estate in Atlanta, Chattanooga and along the route of the Western and Atlantic Railroad. The board would consist of three members elected by the General Assembly for six year staggered terms. The board would be responsible to the General Assembly, make annual reports to the General Assembly, devote full time to the job, and would be paid salaries comparable with similar positions in State government.
This proposal embraces areas outside the authority of your committee, however, the committee feels that the proposal merits basic study and recom mends the appointment of an interim study committee for this purpose.
Your committee believes that the present Association has profited from the mistakes of the past. This is illustrated by a new and more comprehensive set of by-laws, a better accounting and bookkeeping system, more business like administrative procedures, and a general overall tightening of controls. The committee feels that the present Association is capable of using its ex perience and knowledge to complete the Stone Mountain development in a satisfactory manner. In view of this the committee does not recommend any drastic changes in the Association composition. However, the committee does
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recommend that the Attorney General be removed as a member. This recom mendation deals with the office and not personalities. Under the law, the Attorney General has certain investigative responsibilities relative to agencies and instrumentalities of the State. These responsibilities include the Stone Mountain Memorial Association of which the Attorney General is a member. This places the Attorney General in the awkward position of possibly in vestigating himself and thus places him in conflicting dual roles. This con flict should be eliminated in the interests of the State and the Attorney General.
The question then arises as to a replacement for the Attorney General on the Association. This poses a critical problem and is an area in which there is a wide diversity of thought among committee members. However, the committee feels that the problem should be pinpointed for the benefit of the General Assembly. As presently composed, the four constitutional officers constitute a majority of the seven-man Association. To replace the Attorney General with a gubernatorial appointee would divert control to the four gubernatorial appointees. There is no pleasing answer to the problem. Your committee believes that the Director of State Parks is the one person in State government, whose primary functions are closely related to the Stone Mountain project. In view of this, a majority of the committee recom mends that the Attorney General be replaced by the Director of State Parks. 2. Conflict of Interest
Your committee has given consideration to allegations of a conflict of interest existing in relation to the former Chairman of the Association, Mr. Matt L. McWhorter, and a concessionaire, Mrs. Christine Mitchell (now Mrs. McWhorter); and to a member of the Association, Mr. Mills B. Lane, Jr.
Mrs. McWhorter has a contract for the operation of the Plantation at the Park. The Plantation was constructed at Association expense and fur nished by Mrs. McWhorter. The contract was entered into prior to the mar riage of Mr. McWhorter and Mrs. Mitchell. There is nothing in the contract that would indicate that Mr. McWhorter, Chairman of the Association at the time of execution of the contract did not represent the interests of the Association.
The Citizens and Southern National Bank, of which Mr. Mills B. Lane, Jr. is chief executive officer, is a depository for Association funds and trustee for bonds issued by the Association. Prior to the appointment of Mr. Lane as a member of the Association, the Attorney General ruled this not to be in conflict with the "Honesty Laws" of the State of Georgia. The office of the Legislative Counsel has participated in all hearings of this committee and has concurred in this opinion. Your committee is of the opinion that a con trary interpretation on the conflict of interest laws would severely hamper the State in utilizing many skilled and public service-minded individuals. However, because of the danger of different interpretations on this type transaction and the human possibility of a conflict of interest, great care should be taken to insure that all transactions are open, competitive, and at arms length.
3. Access Highway access to the mountain is considered to be of prime importance.
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Testimony before the committee, and experience by certain members, bears out the need for immediate improvement of the roads and highways to the Park. During peak periods, traffic is sometimes backed up from the Park all the way into the city of Avondale.
The primary route from the city of Atlanta is along Memorial Drive. Plans are made to widen this road and the Highway Department advises this is to be let to contract in the latter part of 1964. This time has now arrived and we see no signs of construction. Regardless of the reasons for the delay we would urge prompt completion of this project. The completion of the eastern circumferential Interstate Route 285 would alleviate part of this problem. Highway Department plans presently project this to be let to con tract by July, 1966. The investment of the Association and concessionaires in the Park and the general public's enjoyment of same demands the ex pediting of plans and construction of access routes. The committee urges top priority to this phase of the Park's development.
The Highway Department could help the Park by its cooperation in the development of a program of advertising of the mountain, within the limits permitted by State and Federal regulations, on highway directional signs. An example of this would be incorporation of signs along Interstate 20, leading into Atlanta. Federal Bureau of Roads' regulations prohibit the advertise ment of the mountain itself but the City of Stone Mountain can be given as a destination which will greatly assist in directing tourists to the area. A program of directional advertising by the Association, assisted by the Highway Department, would help take the local traffic off the already crowded access routes. An example of directional advertising, which is very effective in very good taste, is that provided by the Little White House and the Warm Springs Foundation.
4. Association Borrowing Power
Your committee's investigation revealed a large portion of the develop ment at the mountain was financed by borrowed funds from Atlanta banks in anticipation of a bond issue being authorized by the General Assembly. The Act creating the Association authorizes the borrowing of money, how ever, your committee knows of no other instance where an instrumentality of the State has made large, temporary capital improvement loans, thereby in effect pledging the credit of the State itself, in anticipation of the Gen eral Assembly subsequently making an appropriation with which to repay this loan. The effect of this is to obligate the General Assembly to appro priate funds for expenditures after they have been made rather than before they are made as is the normal procedure. By-laws of the Association reveal a quorum established at four, thereby a majority of three members could authorize an unlimited indebtedness, which would require an appropriation by the General Assembly to protect the credit of the Association. The con cept of authority or association financing of capital improvements demands legislative authority for borrowing funds; however, such authority as used in this instance, should, in the opinion of your committee, be restricted. Your committee has no doubt that the Association had been promised an appropriation for a bond issue with which to develop the Park, from those normally in a position to make such a promise; however, the borrowing of money, its repayment contingent upon this promise being fulfilled, is con trary to your committee's concept of legislative appropriation of funds.
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Your committee as individual members of the General Assembly will assume the responsibility of having participated in the appropriation of funds on which the latest bond issue was authorized, a portion of which was used to repay a loan, and should have been more critical at that time and de manding of a clearer and more precise program of expenditures of the Association.
5. Admission Charge
Even though your committee considers it to be an administrative deci sion, it has been asked by the present Association to include in its study the question of whether or not an admission charge should be made to the Park. Numerous and varied opinions have been advanced with the majority be lieving that some nominal charge should be made. Your committee agrees with the majority for the following reasons:
a. Those using the Park should share to some extent in the cost of its operation.
b. It would provide a means of control and policing of the Park,
c. It would provide statistical data.
To encourage large numbers to visit the Park it would seem that a pelvehicle charge should be made with no regard to the number of occupants. Consideration should also be given to selling annual stickers for automobiles to accomodate those in the Stone Mountain area who desire to visit the Park frequently. The cost per car or per year should be reasonable and not pro hibitive.
Your committee is confident the members of the Association are capable of making the right decision about this matter and feel that if the same remains flexible to meet varying times and conditions, it will meet with public approval.
6. Attendance at Official Meetings of the Association
Attendance by the members of the Association at the regular meetings has been varied from very good to very poor. During the critical period of development and the period primarily under investigation by your committee, there seems to have been an assumption of authority on the part of the Chairman and the General Manager to proceed with development in the way that they thought best. The Association meetings during that period were more in the nature of progress report meetings than planning future activi ties. The practice of approving expenditures after they had been made rather than projecting them in the future appears quite frequently. From testimony before the committee it seems that certain members of the As sociation would assume certain projects and the other members devoted little or no attention to this phase of the work. Your committee recognizes that members of the Association had other duties which demand their time and attention, however, the magnitude of this project deserved more attention than given by the majority of the Association members. The assignment of projects to separate members might be an acceptable method, if the members
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were attending the regular monthly meetings and these meetings were de voted to planning the particular projects; however, in most instances the work was already irrevocably begun before the Association acted. Your committee is pleased to report that its investigation reveals this procedure to no longer exist and attendance at meetings of the Association during the time of this investigation has been very good.
7. Use of Prison Labor
Shortly after the Association was created, it made arrangements for the use of prison labor. A State Prison Camp is now located in the Park. It appears to your committee that much useful work has been performed with prison labor and the location at the Park of the camp has proven to be a great asset in its development. There are many items of development which are adaptable to the use of such labor. There are sound arguments both for and against a continuation of the prison camp. The Association is presently maintaining an accounting system with a view of phasing-out the camp on economical considerations. The committee believes the camp should be dis continued if and when its use becomes uneconomical.
The recent report of the State Auditor and the studies of your com mittee have revealed that no cost accounting is maintained on the work per formed by the prisoners, and no capital values can be placed on the par ticular projects constructed by them. This deficiency should be corrected.
8. Rubble
Records of the Association reveal bids were taken and a contract issued to Shepard Construction Company for removal of rubble from the base of the mountain within the memorial area. This contract was executed before plans for the use of the area were fully developed. To this date detailed plans for the development of this area have not been made. Your committee considers this contract to have been grossly premature -- a further example of letting contracts without proper planning. This contract should be re considered and voided if legally possible. If the removal of this rubble ap pears necessary this seems to be a project that might be readily adaptable to convict labor, provided the camp has not been eliminated by that time.
9. Sale of Real Property
An analysis of the Act creating the Association, together with the by laws reveals that three of the Association members could conceivably sell all or any part of the Stone Mountain property. This results from the fact that three constitute a majority if only four (a quorum) or five members were present at a meeting. It is inconceivable that any three might assume this authority. However, sound business procedures at the State level dictate that the Act be amended to provide that none of the Association real prop erty can be sold without prior legislative approval.
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JOURNAL OF THE HOUSE,
V
RECOMMENDATIONS
Your committee realizes that it occupies the position similar to a "Mon day morning quarterback"; however, it feels it has been able to look at the overall project with an objective eye and, as such, makes the following recom mendations:
1. The composition of the Stone Mountain Memorial Association re main as at present except that the Attorney General be replaced. A majority of the members of this committee recommends this position be filled by the Director of the State Parks Department.
2. That State purchasing procedures be used as a guide in making purchases and contracting.
3. The members of the Association and all of its employees should make certain that they not be placed in the position of having a conflict of interest and, in cases of doubt, that they remove themselves from this possibility by whatever means necessary.
4. If the Association determines a renegotiation of concession contracts is in order, the term of years be less than provided in the present contracts. If reductions are made in compensation to the Associa tion by reason of economic or similar conditions, that provision be made for an increase, should these conditions correct and justify an increase.
5. If an admission charge is made at the gate for entrance to the Park, that the same be nominal with the charge being placed on the vehicle rather than on the individual visitor to the Park.
6. That the Act creating the Association be amended in such a way as to prohibit the borrowing of money on a temporary basis for capital improvements.
7. That the State Highway Department expedite programs that will improve access to the Park.
8. That the prison camp be eliminated when it appears its continuance is uneconomical. In the meantime, all purchases made for or by the camp and all sales of scrap or other material should be recommended and controlled by the Association.
9. The Association through its attorney, should reconsider the con tract with Shepard Construction Company for removal of the rubble at the base of the mountain.
10. The Association should review the engineering and economic feasi bility studies which have already been made with a view towards establishing a firm construction guide for the continued development
INTERIM COMMITTEE REPORTS
2637
of the Park. It should review the past expenditures for engineering services as well as their present expenditures to establish better utilization of the engineering studies, and provide for better coordi nation of activities. Particular attention is directed to the economic study furnished the Association by the University of Georgia recom mending the urgent need for an activities analysis survey and traffic engineering study.
11. Amend the Act creating the Association to require legislative ap proval for the sale of real property.
IN CONCLUSION
The 1964 Session of the General Assembly authorized the sale of $5,000,000.00 additional bonds. These bonds have been sold at a favorable interest rate. Of the $5,000,000.00 received, approximately $1,500,000.00 was used to defray debts incurred as a result of the 1962 construction program. The Association currently has on hand approximately $3,500,000.00 for new con struction and development. The Association has prepared a development pro gram known as "Second Phase Development" projecting the capital ex penditure of the funds on hand.
The committee in its assignment was impressed with the worthiness of the State project and Park at Stone Mountain. It is the opinion of the com mittee that, with careful and proper development and with the vigilance of the members of the Association, this can truly be an attraction without parallel in the South. Here we have a unique, natural phenomenon, near a great city, coupled with a cause memorial, recreation potential and the larg est carving from the face of a mountain since the Egyptian carvings of centuries ago, that blend together to make a challenge and great opportunity for the State. Your committee observes many constructive improvements in both management and operation initiated by the Association during the time of this investigation.
In interviewing and questioning a very large number of people in the course of this investigation, not once did any of those interviewed voice doubt concerning the worthiness, possibilities and potential of the Park.
The committee would wish in some way to express and convey its faith in this State project and enjoin all concerned to regroup and move in positive effort toward making this the South's greatest attraction and memorial.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COMMITTEE CREATED TO STUDY INDUSTRIAL SAFETY
Resolution Act No. 150, Approved March 4, 1964
(Ga. Laws 1964, p. 249)
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JOURNAL OF THE HOUSE,
THE COMMITTEE
Honorable Lamar R. Plunkett Senator, 30th District Chairman
Honorable Harry D. Dixon Representative, Ware County Vice-Chairman
Honorable Hershel Farmer of Heard County, Georgia, Representing Management Secretary
Honorable Frank O. Downing Senator, 1st District Member
Honorable Alien P. Roper Representative, Greene County Member
Honorable Hugh M. Gillis Senator, 20th District Member
Honorable J. Crawford Ware Representative, Troup County Member
Honorable Ben Hall of Laurens County, Georgia, Representing the State at Large, Member
Honorable Harry Bexley of DeKalb County, Georgia, Representing Labor, Member
Honorable James R. Snyder of Fulton County, Georgia, Representing Labor, Member
Honorable M. C. Peterson of Camden County, Georgia, Representing Management, Member
December 1, 1964
INTRODUCTION:
At the 1964 Regular Session of the General Assembly of Georgia, a joint Resolution was adopted creating a Committee to study the problems of industrial safety and industrial accidents and to seek ways and means of promoting and insuring maximum safety for all workers in whatever endeavors they are en gaged. This Resolution was approved by the Governor on March 4, 1964. It is numbered Resolution Act No. 150 and can be found in the 1964 Georgia Laws, page 249.
The Resolution provided that the Committee would be composed of eleven (11) members; three of which would be members of the Senate appointed by the
INTERIM COMMITTEE REPORTS
2639
President of the Senate; three of which would be members of the House of Representatives appointed by the Speaker of the House of Representatives; two members representing management to be appointed by the Governor; two members representing labor to be appointed by the Governor and one other citizen to be appointed by the Governor.
The President of the Senate (Lieutenant Governor) appointed the following members:
Honorable Frank 0. Downing Senator, 1st District
Honorable Hugh M. Gillis Senator, 20th District
Honorable Lamar R. Plunkett Senator, 30th District
The Speaker of the House of Representatives appointed the following members:
Honorable Harry D. Dixon Representative, Ware County
Honorable Alien P. Roper Representative, Greene County
Honorable J. Crawford Ware Representative, Troup County
The Governor appointed the following members:
Honorable Ben Hall of Laurens County, Georgia, representing the State at large. Honorable Harry Bexley of DeKalb County, Georgia, representing labor. Honorable James R. Snyder of Fulton County, Georgia, representing labor. Honorable Hershel Farmer of Heard County, Georgia, representing management. Honorable M. C. Petersen of Camden County, Georgia, representing management.
An organizational meeting of said Committee was called by the Governor on October 22, 1964, and held in the office of the Governor. At the organizational meeting of the Committee, Honorable Lamar R. Plunkett, Senator, 30th District, was elected Chairman, Honorable Harry D. Dixon, Representative, Ware County, was elected Vice Chairman and Honorable Hershel Farmer was elected Secretary.
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JOURNAL OF THE HOUSE
EXTENT OF STUDY AND FINDINGS:
The Committee first familiarized itself with the Resolution creating the Committee to Study Industrial Safety. The Committee determined that the purposes of the Resolution were to study the problems of industrial safety and industrial accidents and to seek ways and means of promoting and insuring maximum safety for all workers at whatever endeavors they were engaged. The Chairman advised the members of the Committee that pursuant to the terms of the Resolution the Committee was limited to twenty (20) working days per member and that the Resolution required the Committee to complete the report of its findings and recommendations, together with proposed legislation, on or before December 1, 1964.
The Committee then directed its attention to ascertaining the laws of the State of Georgia and rules and regulations adopted pursuant to such laws relative to the purposes for which the Committee was created. The Committee ascertained that the primary responsibility of enforcing the laws of the State of Georgia relating to safety of employees is vested in the Department of Labor .
The present Department of Labor was created by an Act approved March 25, 1937 (Ga. Laws 1937, p. 230). There have been several amendments to the Act creating the Department of Labor. The Department of Labor is the successor to the former Department of Industrial Relations and its predecessor, the Depart ment of Commerce and Labor. The Department of Labor is under the supervision and jurisdiction of the Commissioner of Labor. Enforcing the laws pertaining to labor (other than Workmen's Compensation) as enumrated in Title 54 of the Georgia Code is a statutory duty of the Commissioner. The laws relative to safety of employees is administered by a Division within the Department of Labor known as the Commissioner's Office and Inspection Division.
A portion of the major duties assigned to the Inspection Division of the Department of Labor are as follows:
(a) Inspect all places of employment and enforce all labor laws pertaining to child labor, safety and sanitation;
(b) Set detailed standards for safe and healthful practices and other employ ment conditions that cannot be minutely prescribed by law but must be promul gated by rules and regulations;
(c) Mediate, conciliate and arbitrate industrial disputes;
(d) Enforce the laws of the State of Georgia regulating private employment agencies;
(e) Enforce an Act approved March 7, 1960 (Ga. Laws 1960, p. 181) per taining to high voltage which provides for the precautions to be taken in the proximity of high voltage lines for the prevention of death and injury to persons and damage to property;
(f) To enforce an Act approved March 24, 1933 (Ga. Laws 1933, p. Ill) providing safeguards for workmen on building construction and to regulate
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2641
scaffolding, pulleys, hoist and other equipment used in construction in counties having a population of 200,000 or more.
The State Comptroller General in his capacity as the State Fire Safety Commissioner enforces the fire safety laws of the State of Georgia and he has the power to make rules and regulations to effectively carry out such enforce ment. Many of these laws are directly related to employment safety.
The new Health Code adopted at the 1964 Session of the General Assembly of Georgia, approved March 18, 1964 (Ga. Laws 1964, p. 499) authorizes the Department of Public Health of Georgia to conduct programs relating to industrial hygiene, control of ionizing radiation, air pollution, occupational health, water quality and planning and development of water resources. Many of the provisions of the Health Code and rules and regulations promulgated pursuant thereto are also directly relating to employee safety.
The Georgia Public Service Commission also administers laws and rules and regulations adopted pursuant thereto which in their enforcement contribute to the safety of employees of the for-hire trucking industry in Georgia.
There are other laws and rules and regulations promulgated pursuant to such laws that are administered and enforced by the several departments of the State of Georgia which were not enacted for the purpose of industrial safety, but in their enforcement, many employees of the State of Georgia are benefited.
The Committee ascertained that the Department of Labor requested a budget for the Commissioner's office and Inspection Division in an amount of $200,000.00 for the 1963-64 fiscal year and $225,000.00 for the 1964-65 fiscal year, but were only appropriated the sum of $175,000.00 for each of the two fiscal years and that the budgetary requirement of such appropriation required the appropriated funds to be allocated as follows: personal services, $133,349.00; operation ex penses $37,278.00; for each of the two fiscal years.
The Committee also ascertained that there was no department or agency in the State Government for which statistical data could be obtained relative to industrial accidents, their costs and causes. The State Board of Workmen's Compensation is presently engaged in the establishment and installation of a comprehensive statistical division which is supposed to be in full operation by June 1, 1965. This division will maintain statistical data relative to accidents that are required by law to be reported to the State Board of Workmen's Com pensation.
The Committee also obtained copies of laws relating to industrial safety and rules and regulations promulgated pursuant thereto from the State of Alabama, Florida, North Carolina, South Carolina and Tennessee. Also during the several hearings held by the Committee, the Committee was apprised of certain laws of the other states. The Committee also learned that there were Federal laws and regulations in which certain measures relating to industrial safety were administered and enforced.
During its deliberations, the Committee invited Federal officials from the Interstate Commerce Commission. The Committee members were informed as to what Federal laws, rules and regulations extended to interstate commerce.
2642
JOURNAL OF THE HOUSE,
Officials of the Department of Public Health, the office of the State Fire Safety Commissioner, the Georgia Public Service Commission, the Department of Labor and the State Board of Workmen's Compensation appeared before the Commititee and gave testimony and supplied pertinent information relating to their jurisdiction in the administration of industrial safety and related laws.
Many officials form labor and labor organizations and associations and management and management organizations and associations attended public hearings held by the Committee and informed the Committee as to their position relative to the industrial safety laws of the State of Georgia and current safety practices and conditions prevalent in Georgia industries.
Recognized specialists in the field of industrial safety voluntarily appeared before the Committee and gave testimony and information to the Committee relative to industrial safety in the industries of Georgia.
The Committee learned that within the State Government there is no statistical data available from which the cause, frequency and manner of all industrial accidents could readily be ascertained. The Committee further found that the laws of the State of Georgia and the rules and regulations adopted pursuant thereto are administered principally from an inspection and enforce ment standpoint, and that there is no coordinated educational or preventive program carried on in the field of industrial safety by any of the departments or agencies of the State charged with the same.
The Committee did not attempt to confine its studies to any one particular group of industries. The Committee attempted to ascertain whether or not additional laws were needed relative to industrial safety in a broad sense rather than confining its study to a particular group of industries or a particular field of industrial safety.
The Committee found that some employers were not fully covered by the industrial safety laws of the State of Georgia. Among the employers not fully covered are: railroads and public and private utilities. It was also found that other aspects of industrial safety were not presently covered by Georgia laws or regulations such as: (a) the construction, installation, inspection and operation of boilers and pressure vessels, (b) the operation of truck fleets other than those for-hire, and (c) the intrastate transportation of explosives and other cargo hazardous to the vehicle operator and the public.
The Committee determined that many of the labor associations and organi zations, management associations and organizations and management themselves carried on safety programs independent of that resulting from the administering of the laws of the State of Georgia by the officials charged therewith.
The Committee also determined that the purposes for which it was created were so broad in scope and extensive that it would be impossible to compre hensively study the same and make recommendations relative to possible legisla tion during the short time which the Committee was authorized to be in existence.
INTERIM COMMITTEE REPORTS
2643
RECOMMENDATIONS:
After careful study and deliberations, the Committee strongly recommends and urges the following:
(1) That the 1965 General Assembly create another Committee to continue the study of industrial safety; it being apparent to the present Committee that the purposes for which the Committee was created are too broad in scope to make a through study and to adequately make detailed recommendations includ ing recommendations of needed legislation.
(2) That the budget authority and the Department of Labor make a com prehensive study as to whether or not the funds presently being requested and the funds being recommended by the budget authority are sufficient to administer and enforce the present laws relative to industrial safety.
(3) That any Committee subsequently created to study industrial safety be specifically authorized:
(a) To further consider the need for legislation regulating the construction, installation, inspection and operation of boilers and pressure vessels;
(b) To determine whether or not the laws of the State of Georgia relative to industrial safety are adequate, and if such laws are not adequate, that such Committee be authorized to recommend how the present laws should be amended and what new legislation is needed in order to have an effective industrial safety program in the State of Georgia that can be administered from a State level;
(c) To determine if the present laws of the State of Georgia are administered so that all covered employees in the State are protected;
(d) To determine what fields of industry are not presently covered by laws requiring industrial safety and that such Committee be authorized to recommend amendments to existing pertinent laws and to recommend such new legislation as will be necessary to effectively protect all industrial employees in the State of Georgia.
(4) That consideration be given by the executive authority of the State to the establishment of an annual Governor's Industrial Safety Conference with emphasis to be placed by the Conference on citations to both industry and labor for outstanding achievements in the field of industrial safety.
The Committee wishes to express its appreciation to all those who appeared before the Committee to express their views relating to industrial safety. The Committee would also like to express its appreciation to the officials of the other States that have furnished information to the Committee relative to the purposes for which it was created. The Committee was gratified at the interest shown by all those who appeared before it.
The Committee expresses its appreciation to the Staff of the Office of Legislative Counsel for its most able assistance.
2644
JOURNAL OP THE HOUSE,
The information compiled by the Committee, including recorded testimony of witnesses, has been left with the Legislative Counsel for use by any Committee subsequently created to study industrial safety.
REPORT OF THE COMMITTEE APPOINTED UNDER HOUSE RESOLUTION NO. 110 SUBSTITUTE--(ROLL CALL MACHINE)
This Committee was appointed by the Speaker under the above Resolution for the purpose of studying the feasibility and advisability of amending the Rules of the House of Representatives so as to provide that the electric roll call machine shall have incorporated thereon a device whereby the total number of votes being cast shahll be indicated but shall not divulge the manner in which the members are voting on any question until the machine has been locked. The Committee was authorized to investigate the cost of such apparatus, its mechanical feasibility and the advisability of installing such a system.
Honorable Harvey Jordan, Representative from Calhoun County, was appointed by the Speaker as a member of this Committee. However, due to circumstances beyond his control he was unable to attend any of the three meet ings of this Committee. Therefore, the findings of this Committee have not been submitted to Honorable Harvey Jordan prior to forwarding copies to the members of the House.
The Committee investigated the machine from its original installation, which was in 1955 at an original cost to the House of Representatves of $35,500.00. The first annual rental of the machine thereafter was 7,500.00 up to January 1, 1963. Thereafter the annual rental of the machine was raised to $10,000.00 per annum. This information is included in this report for the members of the House, as the Committee feels that very few, if any, of the members of the House have any knowledge of the cost of the machine orginally and annually.
This Committee met with Mr. Marshall P. Thompson, President of Interna tional Roll Call Corporation, the owner of the machine, and explained to him the intent of the Resolution and the changes which were proposed by the signers of the original Resolution filed in the House. Mr. Thompson advised the Committee that he would investigate the cost, the feasibility, and advise this Committee of same. He was requested to determine if the changes under consideration were made, if same could be done during the two-week interim while the Appropria tions Committee was studying the appropriations Bill. As of this date, this Committee has not received any written report from the International Roll Call Corporation. However, Mr. Thompson advised this Committee that it was his feelings that a board could be placed in the front of the chamber at the Clerk's desk which would indicate the number of members not voting as each vote was taken rather than indicating the number of members voting. His explanation to this Committee was that the machine already recorded the number of members not voting and that it would be a simple matter to install an electrical device whereby the number of members not voting could be shown to the House as the vote was taken. He also stated to us that it was his opinion that a simple breaker switch could be installed whereby the lights on the board would not indicate how anyone had voted until the machine was locked, at which time the board would then indicate how each member had voted as it now does.
INTERIM COMMITTEE REPORTS
2645
This Committee has contacted Mr. Thompson today by telephone, and he advised us that if certain electrical circuits were already installed in the machine, that the cost of making the changes required would be approximately $675.00. He also advised this Committee that if these circuits were not available, it would require additional wiring which would cost approximately $7,000.00. The undersigned members of this Committee unequivocally recommend to this House that if it is ascertained that the circuits are available on the existing machine whereby the changes as above set out can be made for a cost not to exceed $675.00, that said changes be made as soon as time will permit, and that the rules of the House be changed to provide that said machine shall be altered accordingly.
This Committee also recommends that if additional wiring is required and same can be done for a cost not to exceed $10,000.00, that same be done as soon as time will allow.
We fell that if the changes recommended can be made, it will contribute greatly to the independence of the House of Representatives.
Respectfully submitted,
Thomas B. Murphy, Representative, Haralson County
Emory L. Rowland, Representative, Johnson County
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, AND ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA
REPORT OF THE GEORGIA COMMISSION ON INTERSTATE COOPERATION
Geo. L. Smith, II Representative, Emanuel County
Chairman
SENATE COMMITTEE ON INTERSTATE COOPERATION
Peter Zack Geer, Ex Officio Member Paul C. Broun of the 46th, Chairman H. McKinley Conway, Jr. of the 41st, Secretary A. W. Holloway of the 12th, Member Joseph E. Loggins of the 53rd, Member
HOUSE COMMITTEE ON INTERSTATE COOPERATION
George T. Smith, Ex Officio Member Geo. L. Smith, II of Emanuel, Chairman G. S. Phillips of Columbia, Vice-Chairman J. A. Andrews of Stephens, Secretary J. Paul Sinclair of Macon, Member W. Harvey Jordan of Calhoun, Member
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JOURNAL OF THE HOUSE,
INTRODUCTION
During the past year, the Georgia Commission on Interstate Cooperation has concerned itself primarily with a study of the effectiveness of the interstate programs in which Georgia is already participating. In studying these porgrams, the following questions, among others, were considered by the Commission:
1. What were the purposes for which the program was originally set up and what are its major provisions?
2. What benefits have accrued to the State of Georgia and the other member states as a result of their participation in the program?
3. What problems, if any, have been encountered which hamper the full effectiveness of the program and what corrective measures are indicated?
Through the consideration of these questions, the Commission hoped to gain a better understanding of the nature and operation of interstate programs in general, as well as the particular programs studied.
While studying the interstate programs in which Georgia is participating, the Commission decided that a valuable contribution to understanding how effectively they were working could be made by arranging to have officials who actually administer the programs appear before the Commission and review the progress that has been made through Georgia's participation in them. The Commission realized, however, that because of the time element and other con siderations, it would be impracticable to attempt to review all interstate programs in which Georgia participates. As a result, the Commission selected for review five interstate programs in which Georgia has been a participant for several years, since it was felt that our longer experience in these programs would provide more information as to how interstate programs work and the problems that might be encountered in their operation.
In putting this plan into effect, the Commission arranged to have officials who are directly involved in the administration of the interstate programs select ed for review speak at a meeting of the Commission which was held on May 5, 1964, at the Atlanta Biltmore Hotel. The Commission was very fortunate in gaining the cooperation of the following eminently qualified officials to discuss the interstate programs indicated:
1. Mrs. Amber Anderson, Assistant Solicitor General, Atlanta Judicial Circuit, "The Uniform Reciprocal Enforcement of Support Act".
2. Mr. Jack L. Grantham, Deputy Director, Civil Defense Division, Georgia Department of Defense, "The Civil Defense Compact".
3. Mr. Ray Shirley, Director, Georgia State Forestry Commission, "The Southeastern Interstate Forest Fire Protection Compact".
4. Mr. Ernest Mitts, Secretary-Treasurer, Compact Commission, Atlantic States Marine Fisheries Compact, and Mr. David H. Gould, Supervisor,
INTERIM COMMITTEE REPORTS
2647
Coastal Fisheries of Georgia, "The Atlantic States Marine Fisheries Compact".
5. Mrs. Rebecca L. Garrett, Chairman, Georgia State Board of Pardons and Paroles, "The Interstate Compact for Supervision of Parolees and
Probationers".
The presentation made by each of the speakers is set forth on the following pages. In the case of the "Uniform Reciprocal Enforcement of Support Act", presented by Mrs. Amber Anderson, and the "Interstate Compact for the Supervision of Parolees and Probationers", presented by Mrs. Rebecca Garrett, this report attempts to summarize the remarks made by each speaker from notes taken at the May 6th meeting, supplemented by an examination of the Acts allowing Georgia's participation in these programs. In the case of the "Atlantic States Marine Fisheries Compact", the Commission was very fortunate in having two speakers, and the presentation of that Compact in this report is a combi nation of a summary of the remarks made by Mr. Ernest Mitts taken from notes made at the meeting and several substantially direct quotations taken from a written summary of the remarks made by Mr. David Gould which he made available to the Commission. In the case of the "Civil Defense Compact", presented by Mr. Jack Grantham, and the "Southeastern Forest Fire Protection Compact", presented by Mr. Ray Shirley, this report reproduces the presenta tions made by both these gentlemen from written copies of their remarks which they made available to the Commission.
Following each of the interstate programs presented, the citations to the Georgia Laws involved have been supplied along with certain remarks for clarification where necessary. These citations have been included in the event members of the General Assembly wish to familiarize themselves with more of the details of these interstate programs.
Immediately following the presentation of the five interstate programs, a section has been included setting forth certain general observations and con clusions which the Commission believes to be indicated by Georgia's experience with these interstate programs.
The Commission would like to express its sincere appreciation to the speakers for contributing their valuable time and for their expert presentation of the purposes and operation of these important interstate programs. The Commission also expresses its appreciation to Mr. Herb Wiltsee and Mr. Joe Moylan of the Southern Office of the Council of State Governments for their very able assistance in helping to coordinate the program presented at the May 5th meeting.
"THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT"
A Summary of the Presentation Made by Mrs. Amber Anderson, Assistant Solicitor-General, Atlanta Judicial Circuit.
The Act was originally passed in order to secure the support of dependents regardless of state lines. Georgia was the 40th or 41st state to adopt the Act when it originally passed in 1951, and now all states have adopted substantially the same Act. Enforcement of support was much more difficult before passage of the Act, particularly when different states were involved, because it was
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then necessary to bring an action to secure support in the county where the dependents, usually children, were located. When the defendant was located in another state, it was then necessary to go through an extradition procedure in order to bring him into the dependent's county where the action had been initiated and where jurisdiction could be exercised over him. This procedure was expensive and time-consuming and often had effect of precluding successful enforcement of support.
Under the provisions of this Act, a dependent, or someone acting in his behalf, may petition the solicitor-general of the county where he resides to aid him in securing support. After obtaining the necessary information from the dependent, including, among other things, the location of the defendant if known, the solicitor-general will send this information to his counterpart in the county where the defendant is located, regardless of the state which might be involved, and the solicitor-general who receives the information will bring the necessary action to secure support of the dependent in accordance with the laws of the state. The Act also has a provision whereby the same procedure is followed between different counties of the same state, which has also contributed to more efficient and successful enforcement of support.
As this state and others have gained experience under the Act, the success in securing enforcement of support has steadily increased. The main problem encountered in the operation of the Act has been a lack of interest or time on the part of solicitors-general or their counterparts in the responding states which has led to considerable delays in securing support for dependents in many instances. In short, once the necessary information is sent to the solicitor-general of the county where the defendant is known or thought to be located, it is then up to him to pursue the matter in order to bring it to a successful conclusion. If he does not have sufficient interest in the problem or does not have the time to handle the matter as it is presented to him, then the solicitor-general of the county of the initiating state is severely handicapped in his efforts to help the dependents. While the degree of cooperation and prompt handling of cases still varies from state to state and from one jurisdiction to another within states, the Act is working relatively smoothly and effectively at the present time, and no corrective legislation or other measures seen to be indicated.
The following figures for the year 1963 for Fulton County provide an insight into the amount of activity taking place under this Act, and also indicate the degree of results achieved.
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2649
1963 REPORT --RECIPROCAL SUPPORT CASES, FULTON COUNTY
New Cases Filed:
Cases initiated in Fulton County
272
Cases initiated in foreign states
156
Cases submitted under criminal section
3
Total
431
Orders:
Awards for support in initiated cases
144
Relief denied in initiated cases
11
Awards for support in responding cases
117
Relief denied in responding cases
9
Awards for support in cases submitted under
criminal section
3
Total
284
264 Awards for support totaling
annual payment of
$240,882.60
Citations:
Rules for contempt processed Fulton
Superior Court to enforce payment
53
Cases pending Fulton Superior Court
December 31, 1963
99
Cases Closed:
Orders satisfied
29
Parties reconciled
22
Children with respondent
6
Dismissed at request of petitioner
8
Respondent returned to Georgia
22
Children adopted
1
Respondent absconded
45
Other
107
Total
240
The Uniform Reciprocal Enforcement of Support Act has been of considera ble benefit to the citizens of Georgia and to citizens of other jurisdictions in helping to secure support of dependents who might otherwise have had no choice other than public welfare assistance. The operation of this Act is almost entirely a matter of local effort, and the various solicitors-general of Georgia and the other states are the backbone of this particular interstate program. It is anticipated that the operation of the Act will become still more efficient and effective as the various states continue to gain experience under it.
*****
As originally passed by Georgia, this Act was known as the "Uniform Support of Dependents Act" (Ga. Laws 1951, p. 107). In 1956, the "Uniform Reciprocal Enforcement of Support Act" was adopted (Ga. Laws 1956, p. 703) and the original 1951 Act was repealed. In 1957, the 1956 Act was amended by adding an enacting clause and making other clarification changes (Ga. Laws
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1957, p. 291). Finally in 1958 (Ga. Laws 1958, p. 34, Ga. Code Anno. Chap. 99-9A) the Act under which the State is now operating was adopted and the previous acts were repealed. Although some changes have been made, the existing law is substantially the same as the original Act of 1951. One of the more important changes from the standpoint of the effectiveness of the Act in the State of Georgia was the provision which allows a fee of $50.00, upon the successful conclusion of the case, for the solicitors-general for representing plaintiffs in any proceeding under the Act. This provision was first included in the 1956 version of the Act.
CIVIL DEFENSES MUTUAL AID COMPACTS
Presentation Made by Mr. Jack L. Grantham, Deputy Director, Civil Defense Division, Georgia Department of Defense
Realizing that disasters, either man-made or natural, recognize no boundaries, and that in the event a situation was serious enough to require assistance across state boundaries, acting for the State of Georgia, Governor Herman E. Talmadge and Civil Defense Director Ernest Vandiver entered into Mutual Aid Compacts with adjacent states on the following dates:
Tennessee Alabama Florida South Carolina
October 18, 1951 July 18, 1951
October 17, 1951 April 30, 1952
The purpose of these compacts is to provide mutual aid between the states in meeting any emergency or disaster created by enemy action. The prompt, full and effective utilization of resources of the respective states, including resources from the United States Government, or any other source essential to the safety, care and welfare of the people. The major provisions include:
1. Formation of a committee composed of the State Civil Defense Directors to take all steps necessary for the implementation of the plan.
2. Provides for free exchange of information and plans, including in ventories of materials and equipment available to civil defense.
3. Provides for uniformity of practices, rules and regulations with reference to identification, mobilization of forces, warnings and signals, the action of utility departments in operating and controlling their services.
4. Provides for the exchange of equipment, materials and manpower.
5. Provides for the movement or cessation of movement of pedestrians and vehicles prior to, during and after emergencies.
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6. Provides for the safety of public meetings or gatherings.
7. Provides for the use of mobile support forces.
8. Allows for support to the adjacent state only to the extent that it does not jeopardize the supporting state's resources to meet its own problems.
9. Provides that each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing the duties in their own state.
10. Provides for all units to be under the command and control of their own leaders but the organizational units will be under operational control of civil defense authorities of the receiving state.
11. Provides for the recognition of duly licensed practitioners in pro fessional and mechanical skills by the receiving state.
12. Provides that no party state or its officers or employees rendering aid to another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
13. Provides for a common broad base element for implementation in various party states and allows for supplementary agreements.
14. Provides for compensation of injuries and death benefits.
15. Provides for reimbursement by the state receiving aid, for items such as loss or damage to, or expense incurred in the operation of any equipment answering a request for aid unless otherwise set forth in supplemental agreements--it also provides for reimbursement for transportation, subsistence and maintenance expenses and makes it possible to pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
The compact plans for orderly evacuation and reception of the civilian population as the result of an emergency or disaster, such plans will include the manner of transporting such evacuees, the manner in which food, clothing, housing and medical care will be provided.
Under the compact the committee may request the United States Office of Civil Defense to act as an informational and coordinating body and repre sentatives of the United States Government may attend committee meetings. These compacts became operational immediately upon being entered into and were ratified by the Congress of the United States.
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The compacts may be broken by either party upon thirty (30) days notice to the Governor, however, they have remained intact since they were written.
If any part of the compact is ruled unconstitutional, the remainder con tinues in effect.
They are signed by the Governor and the Civil Defense Director of each state and attested to by the Secretary of State.
Since these compacts apply only to emergencies and due to the fact that this area has been extremely fortunate in avoiding disasters of the magnitude requiring out-of-state assistance, just what contribution has been made to other statss and to the State of Georgia would be difficult to state. It is, however, reassuring to know that these compacts exist for any eventuality. The party state civil defense directors meet frequently to discuss plans and operations, and I feel would be quite capable of doing a most effective job if they were called upon.
As for operational problems, frequent exercises are being conducted and coordinated by the Regional Office of Civil Defense. These allow for training of personnel and testing of equipment. Communications capability is becoming increasingly better between state agencies across state boundaries and this alone will improve the program immensely.
It is felt that since we have compacts with all adjacent states except North Carolina that we should pursue plans for finalizing this agreement as soon as possible.
We do not feel that it would be necessary to extend this coverage beyond the adjacent states.
In our opinion this is a worthwhile program that in an emergency would manifest itself in many ways through continued close scrutiny, testing and retesting, in order that it can be updated with the changing trends of methods of survival. It offers the ties that may some day be he means of saving the lives of a great many who may otherwise not pass our way again.
*****
The authority for entering into mutual aid compacts for civil defense is included in the "Georgia Civil Defense Act of 1951" (Ga. Laws 1951, p. 224). The particular provision may be found in Section 8, p. 231 of the Act under the heading "Mutual Aid Arrangements" (Ga. Code Anno. Sec. 86-1808).
THE SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT
Presentation Made by Mr. Ray Shirley, Director, Georgia State Forestry Commission
I am honored to appear on the Commission's program today to discuss the Interstate Forest Fire Protection Compact, its purpose and some of its contri butions, as well as the problems which have been encountered.
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The Compact came into being as a result of the heavy economic losses resulting from forest fires throughout the South and particularly occurring between 1930 and 1952. These fires brought about the recognition of the need for better coordinated or intensified action in fire prevention and suppression. Progress made during the period had been fair, but very gradual. Still, today we have a number of states in the South with fire protection progBams below the level to provide adequate fire protection during normal fire periods. When emergency conditions exist, brought about by extended periods of combined drought, high winds, low humidity, the forest fire occurrence increases, fire travels faster, are more difficult to control, and supervision, equipment com munications and other factors of a state's facilities are often times inadequate to handle the situation. In these cases, outside aid is sorely needed.
In recognition of the factors involved and the need that existed, represenatives of eight southern states held an exploratory meeting in Biloxi, Mississippi, in May of 1953 during the Southern Regional Conference of the Council of State Governments. This resulted in a follow-up meeting in Nashville, Tennessee, in October of 1953, which was called by the Tennessee Commission on Intergovern mental Cooperation and the Council of State Governments. At this conference were state foresters, legislators, attorneys general, and other officials from Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Caro lina and Tennessee. As a result of this meeting, the eight states in attendance adopted a Resolution that Congress be urged to consent to the formation of the Southeastern Interstate Forest Fire Protection Compact between the interested states. They also agreed to invite Virginia and West Virginia to join the Compact.
The Compact was given Congressional approval in 1954 by Public Law No. 536 83rd Congress and included Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia. A similar compact known as the Northeastern Compact was established in 1949. Also, the South Central Compact was approved by Congress in 1954, and the Middle Atlantic Compact in 1956.
The organizational meeting of the Southeastern States Forest Fire Compact Commission was held in Atlanta, Georgia, in October of 1954. The status of the Compact was reviewed by the Council of State Governments, and at that time only the States of Georgia, Kentucky, Mississippi and South Carolina had ratified the Compact.
The purpose of the Compact is to promote effective joint prevention and control of forest fires by integrated planning, training and the maintenance of adequate forest fire fighting services by the member states; to provide mutual aid in fighting forest fires among the member Compact states of the region and with states that are party to other regional forest fire protection compacts; to encourage and promote more adequate forest protection among the states. The Compact becomes operative as each member state becomes a party to the Compact subject to approval by the Legislature of the member states.
In each state, the state forester or official holding an equivalent position acts as compact administrator for the state and consults with like officials of other member states to implement the cooperation needed to carry out the Compact. Each member state has an advisory committee to the compact admini strator, and each member state has one member of the Senate and one member
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of the House of Representatives who are designated by the state's commission on interstate cooperation or in accordance with the laws of the state. In addition, the Governor of each state appoints two representatives, and one must be associated with forestry or forest products industry. Each state of the Compact is entitled to one vote.
At this time, the Georgia legislative representatives are Senator Hugh M. Gillis of Soperton, Georgia, and Representative Jack W. Shuman of Pembroke, Georgia. Present Governor appointees are Downing Musgrove of Homerville, Georgia, and William Lies of Cuthbert, Georgia.
The Southeastern States Forest Fire Compact Commission has met annually since 1955 to discuss matters of mutual interest and concern and to coordinate plans, programs and training activities of mutual benefit. I was elected chairman of the Commission in 1963, and reelected chairman for the year 1964. Serving with me at the present time are: C. H. Coulter, Vice-Chairman, State Forester of Florida; James B. Cartwright, Secretary-Treasurer, U. S. Forest Service, Atlanta, Georgia; Louis H. Camisa, Tennessee, Member at Large; and R. C. Brent, Jr., Florida, Member at Large. A copy of the Ninth Annual Meeting of the Compact which met in Atlanta on December 19, 1963, is available for your review.
The contributions from the Forest Fire Compact to Georgia and to other member states have been significant. A regional forest fire plan has been put into effect, and each member state has taken the necessary steps to integrate their forest fire plan with the regional plan formulated by the compact admini strators. Of great value has been the annual meeting of the forest fire personnel which has been held in various states for training and coordination of important factors to implement the Compact. These annual meetings are limited to super visory personnel in charge of training and planning for forest fire programs in each state. These teams have received training in large fire organizations, and upon their return to their respective states, they give similar training to the entire fire control organization of their state, including the organized fire crews of private landowners.
Georgia has been host to the training programs of the Compact states. In 1959, the first training of this type was conducted in Georgia by the Forestry Commission. For the past four years, Georgia has held mock fire problems of two days in duration in different areas of the state, at which time private industry and landowners who have suppression equipment and crews were invited to participate. These have proved most successful and of tremendous value in organizing personnel and equipment on fires within the state where fires larger than average are encountered.
The annual training sessions sponsored by the Compact Commission have probably been the greatest single benefit from the Compact. The member states have seen the need for more standardization in equipment, techniques, planning, communications, and other matters that must be recognized within a state or between states for an effective forest fire prevention and suppression program. A forest fire manual has been prepared covering every phase of mutual assist ance and as a means of integrating the state's fire program with the regional program. The Compact has been a means of helping to strengthen the forest fire organization within the various Compact states by pointing up the need for increased funds necessary to provide a minimum forest fire protection program.
INTERIM COMMITTEE REPORTS
2655
It has made possible a basis for requests for mutual assistance with a com pensation rate established that each state will recognize as being fair and just when mutual assistance is requested. Georgia rendered assistance in 1959 and 1960 to North Carolina in the use of aircraft for making chemical drops on a fire. We use monoammonium phosphate which is fertilizer mixed with water for this type of fire control. Georgia has two converted TBM tankers having a capacity of approximately six hundred gallons each, and one drop will cover an area approximately the size of a football field. In addition to Georgia, North Carolina and Florida now have aerial tankers to be used in this type fire control operation. Georgia has also rendered assistance to Florida, Alabama and South Carolina on fires approaching the state line. This was done on a mutually agreed assistance basis when fires from those states threatened Georgia forest lands.
The greatest value in the future will probably continue to be the training phase of the various state forest fire organizations that will help each member state do a better job within their respective states. We believe, therefore, that the Compact in the Southeastern region has served its purpose in a most satis factory and worthwhile manner.
The problems that have been encountered by the Compact states have been varied, some of which still exist. The greatest problem has been the inability of member states to assist one another during times of real need. This has not been a fault of any state, but results from the fact that all states have more or less similar fire conditions existing when an emergency arises and very few states have sufficient equipment to spare at such a time. Air tankers are equipment that does lend itself to meeting this emergency need. The greatest problem, possibly, is that practically every state does not have emergency forest fire funds to reimburse costs for out-of-state assistance, either for manpower or equipment. In Georgia, funds that would be available for outside requests would have to come from the Governor's emergency funds. It would be highly desirable to have an emergency fund of $250,000 that could be drawn upon to reimburse states for mutual assistance and obtaining equipment that could be used on an emergency basis should weather conditions ever bring about a condition similar to what was experienced in 1954 and 1955. Another problem is an annual state appropriation that will provide a fire prevention and control organization in keeping with the financial and economic importance of the forest lands and forest industries to Georgia.
I want to express my deep appreciation to the Georgia Commission on Inter state Cooperation for the support and assistance which you have rendered and are continuing to render to the Interstate Compact. Also, my appreciation to Mr. Herbert Wiltsee, Director of the Southern Office of the Council of State Governments, for what he and his office has done to bring the Southeastern States Forest Fire Compact Commission into reality and to support its needs through the years. Without the support and assistance of the Council of State Governments and the various state Commissions on Interstate Cooperation the Southeastern Interstate Forest Fire Protection Compact could not have ever come into existence.
This Compact is authorized by the "Regional Forest Fire Protection Com pact (Ga. Laws 1953, Nov.-Dec. Sess. p. 49), and may also be found in Ga. Code Anno. Chap. 43-9.
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ATLANTIC STATES MARINE FISHERIES COMPACT
A Summary of the Presentation Made by Mr. Ernest Mitts, Secretary-Treasurer, Compact Commission, and Mr. David Gould, Supervisor of Coastal Fisheries, State of Georgia
The Atlantic States Marine Fisheries Compact came into being to promote the better utilization of fisheries of all types along the Atlantic Seaboard from Maine to Florida. This purpose was to be achieved through the development of a joint program among the seaboard states for the promotion and protection of such fisheries and for coordinating their activities to avoid waste and duplication of effort. Article III of the Compact creates the Atlantic States Marine Fisheries Commission to be composed of three representatives from each of the compacting states which now includes all fourteen Atlantic coast states and Pennsylvania. The Atlantic States Marine Fisheries Commission is the administrative vehicle by which the purposes of the compact is achieved. The Commission itself does not have a research facility, but rather the U. S. Fish and Wildlife Service performs this important function. In this connection, however, the long efforts of the Atlantic States Marine Fisheries Commission in promoting legislation to provide financial assistance to the states to advance commercial fishery research and development projects has been recently rewarded, because on May 4, 1964, Congress passed a Bill which will establish a five-year program for this purpose. A five million dollar annual appropriation will be apportioned to the states on the basis of the value of their commercial fisheries and of their manufactured fishery products. These funds will be on a 75% federal and 25% state matching basis, but control will be left with the states. Georgia's annual share in this program will be $118,700 which will provide the funds necessary to investigate the many problems confronting our commercial fishing industry; to study the resources which form the basis of the industry; to promote the establishment of new fisheries; and to rehabilitate old ones, such as the oyster fishery, which is in a serious state of decline.
Many of the projects undertaken by the Atlantic States Marine Fisheries Commission have been of direct benefit to Georgia's fishing industry. For example, two of these projects are headquartered in Georgia, the first of which began operations in 1953 as a cooperative offshore fisheries research project and resulted in the Fish and Wildlife Service establishing a marine laboratory in Brunswick. This marine laboratory is continuing work on two important studies: the life history and taxonomy of the fishes of the South Atlantic Coast and the physical and chemical oceanography of ocean waters along this coast. The second project in Georgia came in 1959 when the Fish and Wildlife Service established an exploratory fishing and gear research station at Brunswick. The exploratory vessel, SILVER BAY, was assigned to this work and has made valuable contributions to the fishing industry. Noteworthy in this regard is the direct assistance to commercial fishermen in the development of commercial fishing for the deepwater Royal Red shrimp, the location of Calico scallop beds in offshore waters, and the discovery of commercial quantities of snapper, grouper, and associated species.
Our marine fisheries are an important part of Georgia's economy. In 1960 some 1900 commercial fishermen earned more than 3-1/4 million dollars from the sale of their catch which totaled nearly 28 million pounds. During this same period, the wholesaling and manufacturing of fishery products provided employment to more than 3,200 persons with a production valued at nearly
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20-1/2 million dollars. Related industries tend to make our seafood industry of ever greater importance. Georgia's salt water sport fishery is like an uncut diamond, the value of which will be enhanced with proper handling.
The program set up under the Atlantic States Marine Fisheries Compact has been of assistance to us in the past and will certainly continue to serve in the future as we move toward fulfilling our responsibilities to Georgia's marine resources and those Georgians who are dependent upon them.
This Compact was granted Congressional consent in 1942 and Georgia became a member in 1943 (Ga. Laws 1943, p. 117) but this original Act was repealed when the Compact was included in the Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish (Ga. Laws 1955, p. 483). See also Ga. Code Anno. Sees. 45-123 through 45-134.
INTERSTATE COMPACT FOR SUPERVISION OF PAROLEES AND PROBATIONERS
A Summary of the Presentation Made by Mrs. Rebecca L. Garrett, Chairman, Georgia State Board of Pardons and Paroles.
The purpose of the Interstate Compact for the Supervision of Parolees and Probationers is to help solve one of society's major problems of rehabilitating parolees and probationers. It was almost impossible, particularly from an economic standpoint, for any single state to allow its parolees and probationers to return to their home states if they were from out of state or to relocate and attempt to start a new life if from this state. The reason being that states simply could not afford to provide the personnel necessary to supervise parolees and probationers beyond their own borders. As a result, parolees and probationer? were restricted to job opportunities and numerous other factors of a particular state which often led to very difficult problems in rehabilitating the parolee or probationer. The Interstate Compact for the Supervision of Parolees and Pro bationers took a giant step toward solving this problem, because under its provisions a parolee or probationer may relocate in any compacting state after meeting certain basic qualifications, and the receiving state uses its facilities for the necessary supervision of the parolee or probationer. The operation of the Compact thus allows the parolee or probationer to locate in that area that offers the best opportunity for him to live down the errors of his past and become a useful and productive member of society.
The Compact has met with a high degree of success, and generally speaking, the cooperation among the compacting states, which now includes all fifty states, has been excellent. The main problems, which have been encountered in Georgia and in some other states, resulted from a lack of qualified personnel for adequate supervision of parolees and probationers. Present appropriations are not adequate to allow a high enough salary scale to maintain qualified personnel. This problem is likely to increase in Georgia with the enactment of the new prison reform laws which will give rise to a need for additional probation officers.
There is a great deal of activity under this compact, as the following recent figures indicate:
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Parolees: Probationers:
160 Georgia parolees in other states 300 parolees from other states in Georgia 213 Georgia probationers in 29 other states 292 probationers from 30 other states in Georgia
Most of the activity under the compact comes from neighboring states, al though many states are involved, as the figures on probationers indicate. For example, of the 300 parolees in Georgia from other states, Florida has the highest with 77, and of the 292 probationers in Georgia from other states, Florida has 121, which is again higher than the number from any other state.
There is also considerable economic benefit to the state from the operation of this Compact, because while the average cost of supervising a parolee or probationer is about $50 per year, the average cost of keeping a man in prison in Georgia is about $4,000 per year. The somewhat surprising contrast between these figures take into account the increase of family welfare expenses paid by the state and local units of government as a result of breadwinners being con fined to prison. The cost is real, however, and the economic benefit to the state is equally real. The operation of this Compact then, serves not only human and social needs but also provides a decided economic advantage for the state.
*******'*
As passed in Georgia this Act is known as "The Uniform Act for Out of State Parolee Supervision" (Ga. Laws 1950, p. 405, and is also found in Ga. Code Anno. Chap. 27-27A).
CONCLUSIONS
The Commission believes that its review of the interstate programs in which Georgia is participating strongly indicates that the State derives substantial bene fits through participation in them. The benefits derived are of several types.
In the first place, the operation of these programs often means a substantial saving in the taxpayer's dollar as in the case of the "Interstate Compact for the Supervision of Parolees and Probationers". In some instances the savings realized by the State are indirect as in the case of the "Uniform Reciprocal Enforcement of Support Act" which operates to secure support of dependents who might otherwise become an economic burden on the State by finding it necessary to request public assistance. In still other instances, the economic benefits to the State might be more long-range as in the case of the "Atlantic States Marine Fisheries Compact" which is helping to further develop our marine resources, which in turn will mean more jobs and a broader economic base for the State. Of course, this particular compact has already been of considerable economic benefit to the State as brought out in the body of this report. .
These interstate programs also provide a vehicle for state and local govern ments to more effectively fulfill their responsibility in meeting the needs of their people. In this respect, the interstate programs help to achieve more ef ficient and effective government on the state and local level.
And finally, some interstate programs serve humanitarian and social needs by making it possible for state and local governments to provide certain services for their citizens which help to alleviate suffering and contribute to the general health of society. Needs such as these are served, for example, when a destitute
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2659
child receives support or when a parolee or probationer is successfully rehabili tated and becomes a useful member of the community.
The Commission recognizes that each proposed uniform law or interstate compact should be studied in accordance with its own merits and its suitability for adoption in Georgia, but when these programs are adopted and operate successfully, as those reviewed in this report, the states seem to gain a degree of independence by their mutual cooperation in areas that might otherwise lend themselves to federal encroachment if continued to be neglected. In this respect, interstate programs have not only helped solve some of the problems confronting state and local governments, but have also contributed in some measure to the maintenance of the federal system by enabling state and local governments to perform needed services for their citizens that would be beyond their capability when acting alone.
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
HENRY J. TOOMBS, et al, Plaintiffs,
v. BEN W. FORTSON, JR., as Secretary of the State of Georgia, et al,
Defendants.
CIVIL ACTION NO. 7883
ORDER
The Court having heard oral argument on the order to show cause entered by it on the 19th day of June, 1964, and being advised in the premises,
It is now ORDERED, ADJUDGED and DECREED as follows:
(1) Article III, Section III, Paragraph I (Code Section 2-1501) of the Con stitution of Georgia of 1945, and Section 47-101 of the Code of Georgia, as amended, are hereby declared to be prospectively null, void and inoperative, as being in conflict with the Fourteenth Amendment to the Constitution of the United States, for elections to the House of Representatives after the General Election to be held in November, 1964.
(2) The defendants are hereby enjoined from placing on the ballot to be used in the General Election to be held on November 3, 1964, or at any sub sequent election until the General Assembly is reapportioned in accordance with constitutional standards, the question whether a constitutional amendment pur porting to amend the present state constitution by substituting an entirely new constitution therefore shall be adopted; provided, however, nothing in this order shall prevent the submission of amendments to the Constitution of the state of Georgia which are separate as to subject matter, in accordance with Article XIII, Section I, Article 1, of the Constitution of the state of Georgia, 1945. (See Hammond v. Clarke, 136 Ga. 313, for a discussion by the Georgia Supreme Court of what constitutes separate amendments). Nor shall anything in this order prevent the calling by the General Assembly of a "convention of the people to revise, amend or change the constitution" if the representation "in the conven-
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tion is based on population as near as practicable" with the members being elected by the people (see Article XIII, Section I, Article 2). Constitution of the State of Georgia, 1945.
(3) The motion of the plaintiffs for further injunctive relief prior to the conduct of the party primaries or conventions and the General Election of No vember 3, 1964, is hereby denied at this time, provided, however, that the service of the members of the General Assembly of the state of Georgia to be elected at the General Election in November, 1964, shall be limited to the enactment of such legislation as shall properly come before the said Legislature during the regular 45-day session, as provided in the Georgia Constitution, including such legislation as may be necessary for the General Assembly to be reapportioned in accordance with constitutional requirements, and as may be necessary to permit the holding of elections to the newly constituted General Assembly.
The Court will retain jurisdiction of this cause for such other and further orders as may be necessary.
This 24th day of June, 1964.
Elbert P. Tuttle United States Circuit Judge
Griffin B. Bell United States Circuit Judge
Lewis R. Morgan United States Circuit Judge
December 7, 1964
TO: HONORABLE GEORGE T. SMITH, SPEAKER. HOUSE OP REPRESENTATIVES
and
MEMBERS OF THE HOUSE OF REPRESENTATIVES::
We are pleased to present the Report of the Interim Committee to Inspect State Ports to you for your consideration.
The Committee worked diligently in the inspection of all port facilities, and we wish to express our sincere appreciation to all of the persons connected with the Georgia Ports Authority and others who assisted the Committee in its work.
Respectfully submitted, Willis J. Richardson, Jr. Chatham County Chairman, Interim Committee to
Inspect State Ports
INTERIM COMMITTEE REPORTS
2661
REPORT OF THE INTERIM COMMITTEE TO INSPECT STATE PORTS
The members of the Committee made an inspection of all port facilities in the State located at Savannah, Brunswick, Bainbridge, Columbus and Augusta, and met with the officials directing the operation of the various ports, as well as the Chairman and several members of the Georgia Ports Authority.
The Committee was very impressed with the efficiency and the industry of the personnel at all port locations at all levels, as well as the progressiveness and forward-thinking of the executive personnel and the members of the Georgia Ports Authority.
The magnitude of the port operations, both deep water and inland, and its impact on the economy of the State was self-evident to the Committee, and the necessity for the further development of all existing facilities and the develop ment of future inland ports should be considered one of the priorities to expand the economy of this State.
The Committee was very impressed with the versatility of the equipment located at the various installations, and particularly at the Port of Savannah, and the centralization of maintenance at the Port of Savannah, for the entire Ports Authority equipment is a definite improvement over the past and enables all ports to operate with minimum delay because of repairs. In addition to the centralization of maintenance the Ports Authority at Savannah also utilizes its personnel for minor construction and refurbishing jobs which is a great saving in moneys to the State. The completion of a new cold storage plant facility should increase the flow of perishable products through this port.
The operation of a complete railroad by the Ports Authority at Savannah indicates the feasibility of this type of operation at other installations and in creases the efficiency of the Ports Authority greatly.
The Ports Authority up to this date has in effect been developing its facili ties to the point of competing with the neighboring states in both deep water and inland ports and now is the time to move ahead in further development.
The port at Brunswick, after having been idle for many, many years, has, since its revival in 1960, shown a constant increase in tonnage primarily due to locally generated business and industry, and the development of Colonel's Island, which is owned by the State, is an absolute necessity for the furtherance of the development of this port.
The development of the Bainbridge port has been beyond all expectation, and has caused a great boost in the economy of the southwest Georgia area, along with the port in Columbus.
The Augusta port, while in its infancy, is progressing satisfactorily, and its potential will be unlimited with the completion of the United States Engineers' work in the Savannah River and the final construction of the Cross-Florida Canal.
The Committee would like to make the following recommendations as to the specific port locations:
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SAVANNAH: In addition to the 4-1/2 million dollar expansion already un dertaken by the Ports Authority itself at Savannah for additional berths and ware house facilities, it is felt by the Committee that moneys should be ap propriated immediately for certain equipment requirements at both the Garden City and Ocean terminals, two new berths at the Ocean terminals and the possibility of the construction of a grain elevator at Whitehall.
In addition, the King's Island turning basin in the Savannah River, which is a spoilage area located in Chatham County for the dredging operations, is entirely at the expense of Chatham County, and the Committee feels that the State should either take over the expense of this operation or give financial as sistance to Chatham County, inasmuch as the State port located here, as well as the entire State, benefits directly from this operation.
BRUNSWICK: Due to the proven value of the State-owned railroad opera tion at the Savannah port, it is recommended that the State immediately proceed with the construction of the railroad planned for the development of Colonel's Island, and that additional moneys be appropriated, if necessary, to supplement the moneys already set aside for this construction. The Committe also recom mends an additional berth be built at the Brunswick port, either contemporaneous ly with the construction of the railroad or as soon thereafter as possible to take care of the additional tonnage which will naturally result from the location of industry on Colonel's Island upon the completion of the construction of the railroad.
BAINBRIDGE: The Committee recommends that moneys be appropriated for the enlargement of a natural slip or ditch located on the port premises, which has been determined to be engineeringly feasible and which would greatly aid in the barge tonnage handled by this port. In addition, the Committee recommends that immediate contact be made with the United States Engineers and the States of Florida and Alabama regarding the correction of the channel depth of the Apalachicola River which at present is a detriment to the barge traffic at certain seasons of the year due to the shallow depth of the channel. The Committee also recommends that continued study of the warehouse facilities at this port should be maintained so that additional warehouse facilities may be started when the need is apparent, inasmuch as the warehouse facility soon to be completed will be operating at full capacity immediately. The Committee recommends that thought should be given to the acquisition of additional land for the further
development of this port.
COLUMBUS: This port is progressing satisfactorily, and the recommenda tions applying to the Bainbridge port also will directly apply to this port. It is recommended, however, that appropriations be made to the Columbus port for equipment which is presently needed for the operation of this port.
AUGUSTA: This facility is in its infancy and has not reached its full potential. However, the Committee recommends that constant scrutiny of this facility be maintained so that sufficient funds may be appropriated upon the completion of the United States Engineers' work in deepening the channel of the Savannah River and the completion of the Cross-Florida Canal. This port is in need of several pieces of equipment which the Committee recommends be obtained when the moneys are available.
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POTENTIAL NEW PORTS: The Committee recommends that a study be made by the Georgia Ports Authority concerning the feasibility of the development of all of Georgia's waterways with the possibility of the establishment of inland ports at Albany, Macon, Atlanta and Rome.
The Committee feels that all of the port facilities are operating at their maximum capacity and that further expansion is a must for the State to compete with facilities located outside of the State in the anticipated trade boom which will follow in the next several years.
The Committee would like to commend the Chairman of the Georgia Ports Authority, Mr. Robert Norman, its members and its personnel for an outstanding job of administration in the operation of all the port facilities.
Respectfully submitted,
/a/ Willis J. Richardson, Jr., Chairman Chatham County
/s/ James W. Paris Barrow County
/s/ Milton Jones Muscogee County
/s/ R. A. Griffin Decatur County
/s/ James E. Warren Wayne County
/s/ H. Goodwin Hall Lee County
/s/ Joe Isenberg
:
Glynn County
/s/ William M. Fleming, Jr. Richmond County
/s/ D. Warner Wells Peach County
/s/ Charles M. Jones Liberty County
2664
JOUENAL OF THE HOUSE,
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COMMITTEE CREATED TO STUDY EMPLOYEES RETIREMENT SYSTEM
THE COMMITTEE
Honorable Philip M. Chandler Representative, Baldwin County Chairman
Honorable John H. Anderson, Jr. Representative, Pulaski County Secretary
Honorable Roy N. Coker Representative, Turner County Member
Honorable J. Lucius Black Representative, Webster County Vice Chairman
Honorable Harry R. Spikes Representative, Troup County Member
Honorable Thomas M. Mitchell Representative, Whitfield County Member
January, 1965
Pursuant to the authority granted in HR 558 adopted at the 1964 Regular Session of the General Assembly, the Speaker of the House of Representatives appointed an interim legislative committee to study and make recommendations relative to the Employees Retirement System. The members of the Committee are as follows:
Honorable Philip M. Chandler Representative, Baldwin County
Honorable Harry R. Spikes Representative, Troup County
Honorable John H. Anderson, Jr. Representative, Pulaski County
Honorable J. Lucius Black Representative, Webster County
Honorable Roy N. Coker Representative, Turner County
Honorable Thomas M. Mitchell Representative, Whitfield County
The Speaker of the House of Representatives designated Representative Chandler as Chairman of the Committee. At the initial meeting of the Committee, Representative Black was designated as the Vice Chairman and Representative Anderson was designated as the Secretary of the Committee.
The Committee wishes to express its appreciation to Honorable W. Frank DeLamar, Executive Secretary, Employees Retirement System, Honorable E. W. Van Houten, Deputy Executive Secretary, Employees Retirement System and the
INTERIM COMMITTEE REPORTS
2665
personnel of the Employees Retirement System for the splendid cooperation ex tended the Committee in its endeavors.
The Committee also wishes to express its appreciation to the staff of the Office of Legislative Counsel for its most able and valuable assistance.
The objective of the Committee was to determine the soundness of the fund; to determine whether or not the benefits offered to its members were adequate; to determine what measures, if any, the General Assembly should enact to pre serve and strengthen the trust fund of the State's employees.
Although the time allotted for study was short to undertake a comprehensive and thorough investigation into the Retirement System and its activities, the Committee was impressed by the intense sense of duty and responsibility of the Trustees, the Executive Secretary and all other employees of the Retirement System.
The Committee was pleased to find that the funds of the Employees Re tirement System were invested in such a manner that the interest yield for the fiscal year ending June 30, 1964, was 4.5%. The Committee believes that this amount of yield is better than average and is, therefore, a compliment to the investment committee of the Board of Trustees of the fund.
The Committee was further pleased to learn that the "prior service" deficit of the fund has been reduced, and that in time this deficit will be eliminated. The fund is affording benefits to its members well within its income, and no increase in the Department's contributions is necessary to carry out the purposes of the fund. The Committee believes that the benefit provisions now afforded by the fund as a result of legislation passed during the 1964 Session of the General Assembly has placed the State employees in a retirement status better than many systems offered elsewhere. As stated above, however, the Committee was limited in its time, and no real comparison was made to substantiate this statement as a verified fact. This information was obtained from the meetings with officers and advisors of the Retirement System. In a meeting with the actuaries of the firm of Bowles, Andrews and Towne (Mr. Eddy and Mr. Moore), the Committee was informed that the projection of the Employees Retirement System was in a conservative direction and that the fund was sound in its operation and its benefit structure.
For the first time since its existence, the Retirement System has been able to simplify its presentation of benefits to its members. This is a laudable ac complishment, because in the past it was impossible for the members of the System to obtain any idea of the benefits the System offered without each situation being analyzed individually by an employee of the Retirement System. Under the provisions of this new simplified approach, most members may now calculate their own retirement benefits. Unfortunately, this new structure of benefits will not apply to members who retired prior to July 1, 1964, and, there fore, inequities in benefits exist. The Committee realizes that this situation is not desirable but this area is complicated by the nature of the System and the Con stitutional laws of the State of Georgia. Further study should be concentrated in this area.
The Committee was disappointed in the amount of investments made in Georgia. The Committee feels that the funds of our State and its employees
2666
JOURNAL OF THE HOUSE,
should be more actively used to support the growth and development of our com munities. The lack of activity in this field seems to result from a situation that was created by the General Assembly in establishing the "Georgia Real Estate Investment Board". Investment procedures now in existence cause applications for loans to be first channelled through the "Georgia Real Estate Investment Board", and the fee charged for a loan application, together with the delay involved, is causing a dramatic loss of interest by potential borrowers. With the economic situation as it is today, many good and prime loan proposals are never made to the Retirement System as a result of these procedures. It is the opinion of the Committee that this situation needs to be corrected as soon as possible.
In summary, the recommendations of the Employees Retirement System Study Committee are as follows:
(1) To preserve the integrity and soundness of the Employees Retirement System, and all other retirement funds under State jurisdiction, a permanent Committee should be created in the House of Representatives to review and study all legislation affecting any retirement system. This permanent House Com mittee would have access to professional advice, and would keep abreast of the activities of all State retirement systems.
(2) The purposes and role of the "Georgia Real Estate Investment Board" should be redirected into the area of promoting industrial growth and making recommendations to various retirement systems in connection with loan applica tions, rather than maintaining its position as the resolute authority over loan applications.
(3) The General Assembly should explore the possibilities of employing a full time trust officer who would not only be available to the General Assembly but also to the retirement systems for counsel and advice on investments.
(4) Further study should be made on the Employees Retirement System in an effort to remove the inequities in the benefit structure.
(5) A study should be made in connection with all public supported retire ment systems and pension funds to determine whether or not additional legislation is needed to insure that members of such public supported retirement systems and pension funds are protected by sound financial and operating procedures.
(6) The study of these recommendations should be continued by the 1965-66 General Assembly.
Respectfully submitted,
/s/ Phillip M. Chandler Representative, Baldwin County Chairman
INTERIM COMMITTEE REPORTS
2667
REPORT OP THE COMMITTEE TO STUDY THE OSTEOPATHIC PROFESSION TO THE GENERAL ASSEMBLY OF GEORGIA
January 26, 1965
The Committee to Study the Osteopathic Profession in undertaking and carrying out its legislative responsibilities held hearings, visited the Chicago College of Osteopathy, Chicago Osteopathic Hospital, and the Detroit Osteopathic Hospital and received in evidence extensive documents and publications relating to the training of physicians and surgeons of the Osteopathic school of medicine and other physicians and surgeons. This report summarizes for the General As sembly the opinions of the Committee members and submits in bill form a legislative proposal based upon our study for your consideration and approval.
1. Nature of Problem.
Doctors of Osteopathy are licensed pursuant to Chapter 84-12, Code of Geor gia, and are specifically authorized to practice in the following manner:
84-1209. (1739) License to practice authorizes what.--The license pro vided for in this Chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy, as provided for in this Chapter: Provided, however, osteopaths shall be authorized for the alleviation of pain only to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as "The Harrison Narcotic Act", as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220.
This statute was enacted in 1909 and no substantial amendments have been made to the Act since that date. The narcotic provision was enacted in 1941 to clarify that the right to use narcotics was included under the law despite a United States Circuit Court of Appeals decision in 1940 to the contrary.
Under this statute, approximately 73 doctors of osteopathy are licensed and engaged in practice in Georgia at the present time. Each one of these doctors has complied with the statutory requirements of the Georgia Osteopathic Practice Act which is administered by the Board of Osteopathic Examiners in consultation with the Joint Secretary of Examining Boards. The law requires a doctor to have two years pre-medical college study and four years education and training in an approved Osteopathic college. (Neither the osteopathic or medical act requires that a doctor have an internship.) The board examines applicants in all basic medical subjects, including the use of drugs and operative surgery under the various listed subjects. A qualified applicant is then licensed to practice osteopathy, must annually renew his license with the Joint Secretary and is subject to disciplinary control and regulation by the Board of Osteopathic Examiners. The Joint Secretary, Attorney General, and Georgia Bureau of Investigation assist the Board of Osteopathic Examiners in the enforcement of the law.
The 73 licensed doctors of osteopathy are located in 41 cities and towns in Georgia with only 16 D.O.s located in Atlanta. These doctors practice as taught in osteopathic colleges as permitted by law, caring for all human ailments and
2668
JOURNAL OF THE HOUSE,
diseases, and using drugs and operative surgery when needed and indicated. (One of the doctors in Atlanta is a Medical Officer of the United States Public Health Service assigned to the Communicable Disease Center.) They operate and maintain several small hospitals and clinics outside of Atlanta. With the large percentage of doctors located in rural Georgia, their services are recognized as essential to the maintenance of available medical and surgical care in the less highly populated areas of the State.
The doctors of osteopathy are interested in increasing the number of osteopathic physicians practicing in Georgia. They are particularly concerned over the shortage of doctors in rural Georgia and believe that their profession can be of help in meeting the acknowledge need for doctors in such areas. (The medical profession admits that more doctors are needed in rural Georgia.) In 1943, the Medical Scholarship Act was passed provided $1,000.00 per year to students who would agree to practice in rural Georgia after graduation from the Medical College of Georgia.
The Medical Association of Georgia and individual doctors of medicine con tinually question or challenge the lawful scope of practice permitted doctors of osteopathy thus discouraging more doctors of osteopathy from practicing in the State. This attitude of the Medical Association creates dissention and confusion in the minds of the public, patients, and the doctors. Ill will and controversy is stimulated, with neither the Medical Association or Osteopathic Association retracting one bit from their stated positions of separately working to improve the public health.
The Georgia Association of Osteopathic Physicians and Surgeons repeatedly since the end of World War II has had introduced bills to clarify the Osteopathic Practice Act. The only opposition to the clarification of the law comes from the Medical Association. The hearings on the bills have raised the following issues and it is the facts pertaining to these issues that this Committee decided needed to be answered in its study of the Osteopathic profession.
(1) Are doctors of osteopathy trained and educated to use all diagnostic and therapeutic procedures and modalties, including drugs, manipulation and opera tive surgery? Answer: Yes.
(2) Do colleges of osteopathy educate student doctors in the basic science and clinical medical and surgical subjects on the same basis as do medical col leges? Answer: Yes.
(3) Are graduates of the osteopathic colleges trained in clinical hospital practice as a part of their education? Answer: Yes. All osteopathic colleges utilize general teaching hospitals providing full meidcal and surgical care.
(4) Do osteopathic graduates take hospital internships and has the osteo pathic profession organized specialty boards in surgery, obstetrics, psychiatry, dermatology, gynecology, and the various other medical specialties? Answer: Yes.
(5) Have we in Georgia accepted the osteopathic profession upon the same legal basis as, for example, it is accepted under State law in such states as Missouri where two of the osteopathic colleges are located, one at Kansas City and one at Kirksville, Missouri? Answer: No.
INTERIM COMMITTEE REPORTS
2669
(6) Why does the Georgia Legislature continue to be the center of an osteopathic and medical controversy when other state legislatures have long ago resolved this problem? Answer: Failure to clarify the law.
(7) What is the status of the osteopathic profession under laws enacted by the United States Congress of which a large number of the leaders of both the Senate and House are distinguished citizens of Georgia? Answer: Equal to that of doctors of medicine.
With the answers to the above questions in its possession, the Committee agreed it would be able to intelligently make recommendations to the General Assembly relating to the osteopathic profession.
2. Committee Hearings Held at the State Capitol, Atlanta, Georgia.
After the appearances of Dr. Mauldin, Mr. Jim Moffet, and Dr. Walker, the Committee drew the conclusion that the Medical Association of Georgia objected to osteopathy being licensed for unlimited practice in this State. First, that M.D.'s were not allowed to inspect osteopathic colleges and, therefore, did not know their teaching methods or subjects taught. Secondly, that they questioned the accreditation of osteopathic institutions by he American Osteopath Association.
It is the conclusion of this Committee after visits and studies that the colleges of osteopath medicine are accredited by the same method and procedure as the medical colleges throughout the United States and their basic science departments are staffed by qualified instructors, all who hold PHD degrees.
MAY M.D.'s VISIT OSTEOPATHIC COLLEGES?
Many M.D.'s representing National Institutes of Health and other agencies of the United States Public Health Service and representatives of State Boards of Examiners have visited osteopathic colleges and are still visiting these colleges.
The only stipulation in the regulations of the American Osteopathic As sociation through its Bureau of Professional Education, the accrediting agency of osteopathic colleges, regarding such visits, is that the members of visiting teams shall not be members of the accrediting agency of the American Medical Association.
Since 1934, M.D.'s representing the Division of Higher Education of the University of the State of New York (The New York Board of Regents) have periodically inspected osteopathic colleges as well as medical schools outside of the State of New York and since these first visits in 1934, osteopathic colleges have been approved by the New York Board of Regents.
In early 1955, osteopathic colleges were visited by medical college educators under the "Cline Committee". These men spent on an average of three days in the osteopathic colleges visited. The medicad educators on these teams were as follows:
L. R. Chandler, M.D., Dean Emeritus, Stanford University, School of Medicine
2670
JOURNAL OF THE HOUSE,
J. Murray Kinsman, M.D., Dean of the University of Louisville, School of Medicine
W. Clarke Wesco, M.D., Dean of the University of Kansas, School of Medicine
Dr. Joseph C. Hinsey, formerly Dean of the Medical School of Cornell University and presently Director of the Cornell Medical Center
Robert Moore, M.D., formerly Dean of the Washington University School of Medicine and presently Vice President of the University of Pittsburgh.
Other M.D.'s who assisted in these visits were:
James Z. Appel, Leonard W. Larson, Thomas P. Murdock, Julian P. Price, Cleon A. Nafe, and the Chairman of the Committee, John W. Cline, formerly President of the American Medical Association, the accrediting agency of the American Osteopathic Association, and the individual osteopathic colleges ap proved these visits.
Several State Boards of Examiners made up of M.D.'s and D.O.'s periodically visit osteopathic colleges. For example, during the last academic year, the fol lowing M.D.'s on the Minnesota State Board of Medical Examiners visited three osteopathic colleges and will visit the other two this year.
James C. Cain, Rochester, Minnesota (Mayo Clinic)
Howard L. Horns, Minneapolis (Member of the faculty of the University of Minnesota Medical School)
F. H. Magney, Duluth, Minnesota
J. P. Medelman, Secretary-Treasurer, Board of Medical Examiners, St. Paul, Minnesota
Dale Dodson, D. O., Member of the State Board of Medical Examiners.
The three osteopathic colleges visited by this Board were approved.
The actual regulations of the Bureau of Professional Education and the Board of Trustees of the AOA regarding inspection and evaluation of osteo pathic colleges by outside groups is as follows:
WHEREAS, in states requiring official state examining agency on-campus inspection of medical colleges and osteopathic colleges to determine eligibility of their graduates for state examination leading to licensure to practice medicine and surgery, the state examining agencies acting in their official capacity and consisting in the most part, of members of the American Medical Association have made on-campus inspection of the colleges of osteopathy and surgery and approved them as training institutions for the practice of medicine and surgery; and
WHEREAS, accreditation of colleges of osteopathy and surgery by the American Osteopathic Association is the criterion required by statute or regulation in the remaining states for qualification of their graduates for examination leading to
INTERIM COMMITTEE REPORTS
2671
licensure to practice medicine and surgery, or osteopathy and surgery, to which extent the American Osteopathic Association occupies a position equivalent to trustee for each of the states, accountable to them only, and duty bond to up hold its authority and responsibility and impugn neither.
BE IT RESOLVED by the American Osteopathic Association that the col leges of osteopathy and surgery shall be available, as they have in the past, for on-campus inspections only by the American Osteopathic Association, or by of ficial State or Federal examining agencies in carrying out the requirements of their respective State or Federal laws.
TEXTBOOKS USED IN OSTEOPATHIC COLLEGES
Attached is a list of textbooks used, for example, at the Kansas City College of Osteopathy and Surgery.
ACCREDITATION OF OSTEOPATHIC EDUCATION
The Bureau of Professional Education of the American Osteopathic Associa tion is recognized as the only accrediting agency of Osteopathic education, in cluding osteopathic colleges, teaching hospitals, and post-doctorate education by all departments of the Federal Government and by most State Boards of Examiners.
The United States Civil Service Commission Announcement No. 312-B, September 10, 1963, specifically spells out the accrediting procedures of the American Medical Association and the American Osteopathic Association, which are the only two recognized accrediting agencies of educational programs for physicians and surgeons.
The Bureau of Professional Education of the American Osteopathic As sociation is made up of component committees known as:
Committee on Colleges, the evaluating agency of the osteopathic colleges
Committee on Hospitals, the evaluating agency of teaching hospitals and registered hospitals
The Committee on Evaluation of Post-Doctorate Education
The Advisory Board of Osteopathic Specialists
Osteopathic colleges are minutely surveyed at least once every five years by a team of approximately fifteen members made up of Ph.D.'s in the basic science area, osteopathic physicians and surgeons certified in the various fields of specialty practice and engaged in teaching in either osteopathic colleges or osteopathic hospitals, and an educational consultant named by the appropriate Regional Educational Association. Ronald B. Thompson, Ph.D., Executive Dean, Ohio State University, named by the North Central Association of Colleges and Secondary Schools, has been one of the educational consultants to the Bureau of Professional Education and the Committee in Colleges for four years and has participated in three osteopathic college inspections. Finla G. Crawford, Ph.D., Vice-Chancellor Emeritus, Syracuse University, named by the Middle States
2672
JOURNAL OF THE HOUSE,
Association of Colleges and Secondary Schools, has been one of the Bureau's consultants for the last five years and has participated in several osteopathic college surveys.
Following a complete survey of an osteopathic college, the Committee on Colleges follows up with periodic visits by either individuals or small groups of three to five inspectors to assist the college in meeting the recommendations of the Survey Committee. Osteopathic colleges are not charged for either survey or inspection.
The Office of Education of the AOA with cooperation of the five osteopathic colleges maintains personnel files of all osteopathic college students. These files are brought up to date annually at the beginning of each academic year. The Office of Education also maintains a complete personnel file of each faculty member in the five colleges. These files are annually brought up to date. The presidents of the osteopathic colleges also file printed copies of their annual reports with the Office of Education of the AOA.
Applicants to the five osteopathic colleges are reported to the Office of Education monthly, so that a monthly list of applicants to two or more osteo pathic colleges can be transmitted to osteopathic colleges. The Director of Office of Education of the AOA serves as Secretary of the Bureau of Professional Edu cation and as Secretary of all college surveys and inspections.
Therefore, there is constant liaison between the Bureau of Professional Education and its component committees and the osteopathic colleges.
All recommendations for accreditation of osteopathic colleges, teaching hos pitals, post-doctorate programs are presented to the Board of Trustees of the AOA for its final approval.
This Committee of the House of Representatives made up of Fulford of Terrell, as Chairman; Newton of Colquitt, as Vice-Chairman; and Roland of Johnson, visited the Chicago College of Osteopathy on January 4 and 5. On January 4, the Committee met with President R. N. McBain, DO.O and Dean Robert A. Kistner, MD., D.O. and were conducted on a tour of the basic science building where laboratory classes in anatomy, biological chemis try, physiology and pharmacology, microbiology were observed. Conferences were held with several members of the basic science faculty including Albert F. Kelso, Ph.D. (Physiology and Pharmacology, Loyola University), Dr. Kelso has been connected with the Chicago College of Osteopathy for the past 25 years. It is interesting to report that Dr. Kelso at the present time is supervising eight research grants from the National Institutes of Health. The Committee met briefly with J. B. Melchior, Ph.D. (University of Chicago) Professor biochemistry and O. F. Gursch, Ph. D. (University of Minnesota) Professor of Bacteriology.
The Committee toured the college-owned teaching hospital and was impressed with the fact that the college out-patient clinic department had experienced six thousand patient visits during the last three weeks of December, 1964. This is one of the largest out-patient departments in Chicago.
The freshman class of 72 men and women were selected from over 350 applicants, 74 per cent of whom had received their baccalaureate degrees and the others had completed more than three years of undergraduate college training. This class represented 41 undergraduate colleges in 12 states.
INTERIM COMMITTEE REPORTS
2673
The Committee noted small group instruction taking place in the clinic and in the teaching hospital with the clinical professor, residents, interns and third and fourth year students.
On January 5 the Committee visited the Detroit Osteopathic Hospital which is affiliated with the Chicago College of Osteopathy and provides one-third of the clinical training for the seniors at the Chicago College of Osteopathy. This is a modern general osteopathic hospital of 425 beds, providing fifty residencies in internal medicine, pediatrics and gynecology, surgery, orthopedic surgery, pediatrics, radiology, anesthesiology, pathology, ophthalmology and otorhinolarynogology. This hospital also provides an educational program for twenty interns. This hospital's Department of Obstetrics handled over twenty thousand births without a maternal death. The Committee was impressed with the fact that in the Detroit area are nine osteopathic hospitals.
It was interesting to note that Dr. Kelso, Head of the Basic Science Depart ment, Chicago College of Osteopathy, is a guest lecturer at the University of Chicago, Loyola University in Chicago, and Wayne University School of Medicine.
BASIC SCIENCE FACULTY IN OSTEOPATHIC COLLEGES
Associate professors, full professors and department chairmen in the basic sciences taught in osteopathic colleges are Ph.D.'s in thir respective fields. These men and women received their Ph.D. degrees from such graduate schools as John Hopkins University, Boston University, Harvard University, University of Pennsylvania, Temple University, Penn State University, The University of Pittsburgh, The University of Chicago, Loyola University (Chicago), North western University, Michigan State University, University of Michigan, Iowa University, University of Minnesota, University of Illinois, Ohio State University.
Most of the instructors and some of the assistant professors in the basic science fields hold Masters of Science degrees and are working toward Ph.D. degrees. Osteopathic collegs do not grant M.S. degrees or Ph.D. degrees, neither do medical colleges.
The Committee noted with interest that the United States Civil Service Commission accepts D.O.'s and all Civil Service grades to serve in the same job and at the same pay as M.D.'s. Requirements for a D.O. under Civil Service regulation is graduation with the degree of D.O. Osteopaths from a school of Osteopathy approved by the Bureau of Professional Education Committee on Colleges of the American Osteopathic Association, provided that the applicant has a permanent and full or unrestricted license to pratcice medicine and surgery in a State, the District of Columbia, Commonwealth of Puerto Rico or a Territory
of the United States.
"The Training in schools of Osteopathy approved by the American Osteo pathic Association is equal to that required by Medical schools" is the report of a special commission setup by Congress to determine the qualifications of Medical Doctors and Osteopathic Doctors. The Commission was originally set-up under
the federal Medical Officer's Procurement Act.
The report from the Commission and published in the recent issue of the Journal of the American Osteopathic Association was as follows:
2674
JOURNAL OF THE HOUSE,
"We find that the training in schools of osteopathy approved by the American Osteopathic Association is and long has been, equal to that re quired by medical schools approved by the American Medical Association.
"Matriculation requirements are, and long have been, comparable. The comparability of training is attested by the success, in a number of states, of physicians, DO, passing the same licensure examination required of physicians, MD.
"The great majority of states and the District of Columbia give phy sicians, DO, the same unlimited license to practice medicine and surgery as is given to physicians, MD.
"Congress, in various legislation, has placed the degree of Doctor of Osteopathy on an equal footing with the degree of Doctor of Medicine.
"Accordingly, we propose to recognize physicians, DO, who are graduates of schools of osteopathy approved by the AOA and who hold an unlimited state license to practice medicine and surgery as qualified for Federal Medical Officer positions."
Previously, only MD's were accepted as federal medical officers.
After a careful study of all of the facts and evidence that was made available to the Committee, it is the opinion of the Committee that the Doctors of Osteo pathy, as well as the citizens of Georgia, are being unduly penalized by the DO not being given the right to an unlimited practice. The Committee feels that the citizens of Georgia will benefit greatly if the Bill that accompanies this report is passed by the General Assembly of Georgia.
Respectfully submitted,
ED T. FULFORD, Chairman Representative, Terrell County
DAVID L. NEWTON, Vice-Chairman Representative, Colquitt County
ROONEY L. BOWEN, Member Representative, Dooly County
RAY M. TUCKER, Member Representative, Henry County
EMORY L. ROWLAND, Member Representative, Johnson County
INTERIM COMMITTEE REPORTS
2675
A BILL
TO BE ENTITLED
An Act to amend Section 84-1209 of the Code of Georgia of 1933, defining the practice of osteopathy, as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 352), so as to redefine the practice of osteopathy; to authorize a license under Chapter 84-12 of the code of the Georgia 1933, to practice osteo pathy in all its branches as taught and practiced at legal and reputable colleges of osteopathy, including the use of drugs according to recognized therapeutic practice; to repeal conflicting laws; and for other purposes,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 84-1209 of the Code of Georgia of 1933, defining the practice of osteopathy, as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 352), is hereby amended by striking the same in its entirety and sub stituting in lieu thereof a new Section 84-1209 to read as follows:
"84-1209. The license provided for in this chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorpo rated and reputable colleges of osteopathy, as provided for in this chapter; including the use and dispensing of drugs according to recognized therapeu tic practice, including those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220, et seq."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
HILL-BURTON OSTEOPATHIC PROJECTS BY YEAR APPROVED THROUGH DECEMBER, 1963.
o-t3o
OS
YEAR STATE
NAME OF FACILITY
CATEGORY
BEDS PROVIDED
COST
FEDERAL SHARE
1948 Missouri
Kirksville College
General
100
of Osteo. and Surgery
1951 So. Dakota
Community Hospital
General
19
1952 Michigan
Riverside Hospital
General
36
1952 Ohio
Bay View
General
30
1952 Ohio
Green Cross Hosp.
General
50
1952 Pennsylvania
Lancaster Osteo.
General
34
1952 Rhode Island
Osteopathic General
General
24
1953 Oklahoma
Oklahoma Osteo.
General
38
1954 Michigan
Mt. Clemens
General
100
1955 California
Sierra Hosp.
General
58
1955 Michigan
Muskegon Osteo.
General
41
1955 Texas
Ft. Worth Osteo.
General
80
1956 California
COPS, Los Angeles
Rehab. Fac.
--
1956 Maine
The Osteo. Hosp.
General
51
1956 Missouri
Kansas City College
D & TC*
--
of Osteo. & Surgery
1957 Michigan
Lansing General
General
86
1957 N. Mexico
Osteo. Hospital
General
25
1957 Oklahoma
Oklahoma Osteo.
General
74
1957 Oklahoma
Oklahoma Osteo.
D & TC
--
1957 Oklahoma
Oklahoma Osteo.
Chronic
34
Disease Fac.
1957 Oregon
Portland Osteo.
General
45
1957 Texas
San Antonio Osteo.
General
24
1958 California
Harbor City Osteo.
General
50
1958 Maine
Tri-City Osteo.
D&TC
--
1958 Michigan
Grand Rapids
General
66
Osteo. Hosp.
1,055,989
244,598 727,347 371,696 800,000 830,271 300,836 820,101 1,342,134 1,232,669 619,211 1,187,164 276,283 654,845 342,444
1,233,920 393,490 887,955 150,124 222,076
902,239 498,371 1,023,638 153,008 912,572
351,996
119,893
261,569
120,357
200,796
303,759 75,000
ocH;
327,500 500,461 254,310
r1><
239,716 535,500
o*i
72,000 H
300,000 170,988
B M
368,400 Oa
173,910 386,892
Ul
H
74,859
106,532
222,842
220,137 297,441
76,350 317,000
YEAR STATE
1958 1958 1958
1958 1958 1958 1959 1959 1959 1959 1959 1959 1959 1960 1960
1960 1960 1960 1960 1961 1961 1961 1961 1961 1961 1961
Michigan Michigan N. Mexico
Ohio Pennsylvania So. Dakota Michigan Michigan Michigan N. Mexico N. Mexico Texas Texas Maine Maine
Michigan Pennsylvania Rhode Island Rhode Island Maine Michigan Michigan Missouri Ohio Oklahoma Texas
NAME OF FACILITY
Saginaw Osteo. Detroit Osteo.-ASF** Osteo. Hospital
Northeastern Ohio Gen. Shenango Valley Osteo. Community Memorial Flint Osteopathic Flint Osteopathic Garden City Osteo. Memorial Osteo. Hosp. Memorial Osteo. Hosp. Groom Memorial Ft. Worth Osteo. Waterville Osteo. Jas. A. Taylor Osteo.
Traverse City Osteo. York Osteo. Hosp. Osteopathic General Osteopathic General The Osteopathic Hosp. Riverside Osteo. Garden City Osteo. Tri-State Hosp. E. Liverpool Hosp. Hillcrest Osteo. Corpus Christi Osteo.
CATEGORY
General General Nursing Home General General General General D & TC General D&TC General General General General Nursing Home General General General D & TC General General General General General General General
BEDS PROVIDED
62 -- 16
25 50 11 228 -- 104 -- 25 18 45 46 36
49 102 42 --
30 82 50 41 20 78 40
COST
881,390 720,228 112,678
570,112 1,025,393
88,156 3,236,054
167,608 1,956,635
60,450 230,659 251,158 347,084 716,509 362,658
991,012 2,202,663
575,670 58,456 342,438
1,617,800 454,093 678,230 400,241 693,119 751,672
FEDERAL SHARE
272,825 233,000 56,339
186,528 323,285
H H
44,078 H-l
415,000 g
83,804 600,000
30,225 115,330
0ogg
hH
125,000
166,500 H 357,300
176,000 W H
335,000 O 731,647 153,080 H
28,830
156,782
542,500
158,000
335,730
124,121
346,560
352,700
YEAR STATE
1962 1962
1962 1962 1962
1962 1963
1963 1963 1963
1963 1963 1963 1963
Michigan Missouri
N. Mexico Texas Texas
Vermont Maine
Maine Michigan Missouri
Ohio Oklahoma Oregon Pennsylvania
NAME OF FACILITY
Mt. Clemens General Still Osteo. Hosp.
Osteopathic Hosp. San Antonio Osteo. East Town Osteo. Hospital Osteopathic Hosp. Osteopathic Hosp.
Osteopathic Hosp. Botsford Gen. Hosp. Normandy Osteo.
Green Cross Hosp. Oklahoma Osteo. Portland Osteo. Clarion Osteo. Comm.
CATEGORY
General Nursing Home General General General
General Chronic Disease D & TC General Nursing Home General General General General
*Diagnostic and Treatment Center **Adjunct Service Facility
BEDS PROVIDED
96 59
26 28 65
30 24
-- 202
50
96 96 40 19 3096
COST
1,879,053 817,218
333,400 137,600 944,000
662,620 200,000
69,469 4,233,700
816,913
1,615,000 2,300,000
448,122 255,000 51,387,242
FEDERAL SHARE
633,000 330,516
161,485
68,800
450,000
217,540 100,000
e-i
Oaw*>
F
34,735 1,376,795
O*!
316,000 H
W
350,000 M
800,000 61,946
W
Oa
85,000 17,514,198
CO
_H
Osteopathic Grants and Awards by the National Institutes of Health, Fiscal year 1963. Source: Research Grants Index (PHS No. 925, Vol. 2) and Training Grants (PHS No. 1079, Part 2)
Page College Investigator
Project Title and Publication
Grant No.
1187 1234
1187 1323 1080
1218
1187 1158 1187 1403 1025
1187
CCO COMS
KCCOS KCOS PCO
Kelso, A. P. Melchoir, J. B.
Niffenegger, J. B. Bunce, Donald Celander, D. R.
Goldie, Mark
Cole, W. V. Sandage, C. N. Denslow, J. S. Dun, F. T. Hix, E. L.
Mercer, S.
General Research Support. Enzymology of Potassium Ion. Fed Proc 22:360,63. Inhibition of yeast hexokinase by magnesium ion. General Research Support Structural analysis of the distended arterial wall. Use of urokinase in study of the fibrinolytic system. Biosynthesis and use of Se-75 pro teins as tracers. Fed Proc 22:619,63. Char acterization of fibrinolytic activity of vas cular intima. Development of phenocopies in the chick embryo. Am Zool 2:411, 62. Development of the rumpless phenocopy in chick embryos treated with boric acid. General Research Support Abrogation of tumor stain specificity of mucin. General Research Support Reflex and postural muscle contraction. Transmission and interaction of nerve im pulses. Reflex and trophic functions of kidney innervation. Fed Proc 21, No. 2, 62. An ap parent trophic function of renal nerves. General Research Support.
FR-15136-1 GM-10094-1
FR-15137-1 HE-07669-2 HE-07669-1S1 AM-06285-2 HE-07260-3
GM-08505
FR-15138-1 CA-07798-2 FR-05139-1 HE-01956-8 NB-02907 AM-01761-6
FR-05140-1
Review Group NSS PC
NSS PATH PATH HEM HEM
GEN
NSS PATH
NSS PHY PHY
PHY
NSS
Amc
35,493 8,625
32,475 10,928 ts
3,859 11,701 10,794 O
O
6,282
H
Hta
H
36,152
M 13
18,227 Ow
wH
2,919
11,500
17,106
30,524 292,904
Training Grants:
CCO COM3 KCCOS KCOS PCO
CA
25,000 25,000 25,000 25,000 25,000
HE
25,000 49,000 25,000 25,000 25,000
ME
22,776 33,308 18,888 17,592 15,000
NB 21,705
to
OS
0o0
94,481 107,308
68,888 67,592 65,000
403,269 5-1 292,904 O
Grand Total
696,173
Glossary: FR=Division of Research Facilities and Resources; GM=General Medical Sciences (Institute); AM=Arthritis
and Metabolic Diseases (Institute); CA=Cancer (Institute); NR=Neurological Diseases and Blindness (Institute); -- o
Mental Health (Institute); NSS=Inter-disciplinary; PC=Physiological Chemistry; PATH=Pathology; HEM=Hematology; GEN=Genetics; PHY=Physiology; HE=Heart (Institute).
M
ffl O cj cc
M
INTERIM COMMITTEE REPORTS
PARTIAL LIST OP PUBLIC HOSPITALS JOINTLY USED BY D.O.S. AND M.D.S
2681
Compiled 8/15/63
PUBLIC HOSPITALS - INDIANA
NAME
Clay County Hospital Davies County Hospital Putnam County Hospital Hamilton County Hospital Boone County Hospital Clinton County Hospital
CITY Brazil Washington
Frankfort
TYPE (County or City)
County County County County County County
PUBLIC HOSPITALS - IOWA
NAME
CITY
Adair County Memorial Hospital Audubon County Hospital Boone County Hospital Davis County Hospital Eldors Memorial Hospital Greater Community Hospital Greene County Hospital Hamilton County Public Hospital Hancock County Hospital Henry County Soldiers and Sailors
Memorial Hospital Jackson County Public Hospital Jefferson County Hospital Madison County Memorial Hospital Mahaska County Hospital Mary Greeley Hospital Mitchell County Hospital Muscatine County Hospital Ringgold County Hospital Sheldon Community Hospital Story City Memorial Hospital Story County Hospital Van Buren County Memorial Hospital
TYPE (County or City)
County County County County City
County County County
County County County County County City County County County City
County County
2682 NAME
JOURNAL OF THE HOUSE,
PUBLIC HOSPITALS - KANSAS CITY
Columbus Hospital Herrington Hospital Smith County Hospital Ness County Hospital Ness County Hospital
Columbus Herrington Smith Center Ness City Ransom
TYPE (County or City)
City City County County County
PUBLIC HOSPITALS - MICHIGAN
NAME
Lapeer County Hospital Mackinac Straits
Community Hospital
CITY Lapeer St. Ignace
TYPE County County
NAME
Mexico Fulton Chillicothe Webb City
Troy
Rolla Macon
Milan Waynesville
PUBLIC HOSPITALS - MISSOURI
CITY
County County County City
County
County City
County City
TYPE (County or City)
Audrain County Hospital Callaway County Hospital Chillicothe Memorial Hospital Jane Chinn Hospital Lincoln County Memorial
Hospital Phelps County Memorial
Hospital Samaritan Hospital Sullivan County Memorial
Hospital Waynesville General Hospital
NAME
PUBLIC HOSPITALS - NEVADA CITY
Churchill Public Hospital White Pine County Hospital Mineral County Hospital
Fallen Ely Hawthorne
TYPE (County or City)
County County County
PUBLIC HOSPITALS - NEW MEXICO
NAME
De Baca County Hospital Hidalgo County Hospital Lincoln County Hospital Guadalupe County Hospital Socorro City-County Hospital
CITY
Fort Sumner Lordsburg Ruidoso Santa Rosa Socorro
TYPE (County or City)
County County County and City County County and City
INTERIM COMMITTEE REPORTS
2683
NAME
PUBLIC HOSPITALS - OREGON CITY
North Lincoln Hospital Umantilla District Hospital Memorial Hospital St. Helens District Hospital
Oceanlake Umantilla Heppner St. Helens
TYPE (County or City)
Nursing Home District District District
NAME
PUBLIC HOSPITAL - WISCONSIN CITY
River Palls Municipal Hospital*
River Falls
TYPE (County or City)
City
*This hospital is now staffed wholly by doctors of osteopathy.
MEDICAL SCHOOLS PERMITTING D.O.'S TO PARTICIPATE IN POST GRADUATE PROGRAMS
States in Which Medical Schools Are Located (40 states including D.C.)
Alabama Arkansas *California *Colorado Connecticut District of Columbia Florida Georgia Illinois *Indiana *Iowa *Kansas *Kentucky Louisiana Maryland *Massachusetts *Michigan *Minnesota Mississippi *Missouri
Nebraska New Hampshire **New Jersey *New York North Carolina North Dakota *0hio Oklahoma *Oregon *Pennsylvania South Carolina South Dakota *Tennessee ***Texas
Utah Vermont Virginia *Washington *West Virginia *Wisconsin
*States having medical schools permitting D.O. participation. **Seton Hall Medical School admits D.O.'s on individual basis, not as a blanket
policy for admission. ***Medical schools permit D.O.'s appointed as medical examiners for the Federal
Aviation Agency to attend post graduate work pertaining to Medical Aeronau tics when sponsored by the Federal Government.
Statistical Analysis: Fifty percent of the states having medical schools permit D.O. participation in their post graduate courses.
2684
JOURNAL OF THE HOUSE,
Medical Schools Permitting D.O. Participation
California:
Lonia Linda University (College of Medical Evangelists)
University of California, Los Angeles University of California,
San Francisco Medical Center University of Southern California
Colorado:
University of Colorado
Iowa:
*Iowa State Medical School
Indiana:
Indiana University Medical School
Kansas:
University of Kansas
Kentucky:
University of Kentucky
Massachusetts:
**Boston University **Harvard Medical School **Tufts Medical College
Michigan:
University of Michigan Medical School
Minnesota:
Wayne State Medical School
Missouri:
University of Minnesota Medical School
New Jersey:
University of Missouri Medical School Seton Hall Medical School
New York:
Upstate Medical Center, Syracuse
Ohio:
Ohio State University
Oregon:
University of Oregon Medical School
Pennsylvania: Tennessee:
Hahnemann Medical College Jefferson Medical College Temple University School of
Medicine University of Pittsburgh School of
Medicine Women's Medical College, Philadelphia Vanderbilt University School of
Medicine
Texas:
*Baylor University School of Medicine * University of Texas Medical Branch,
Galveston *University of Texas Southwestern
Medical School
Washington:
University of Washington Medical School
"Indicates participation by D.O.'s under certain conditions. **Under auspices of Post Graduate Medical Institute of Boston.
INTERIM COMMITTEE REPORTS
2685
West Virginia: Wisconsin:
West Virginia University School of Medicine
Marquette Medical School University of Wisconsin Medical
School
In addition to the above medical institutions (medical schools), the following are reputable hospital centers where intensive post graduate training is conducted, permitting full participation by D.O.'s:
Connecticut: Pennsylvania:
Clinics of the Yale School of Medicine
The Children's Heart Hospital, Philadelphia
Albert Einstein Center, Philadelphia Pennsylvania Hospital, Philadelphia Philadelphia Academy of General
Practice
NEW YORK, TEXAS, and UTAH are currently NEGOTIATING with medical schools for full D.O. participation.
Statistical Analysis: A total of 34 medical schools permit D.O. partici pation in post graduate courses. Five reputable medical centers or institutes also permit D.O. participation.
Also of interest is the fact that three states (New Hampshire, North Dakota, and South Dakota) have only a two-year medical school.
Of the 48 Divisional Societies included in the poll, all responded except Hawaii, Maryland, Montana, Rhode Island, and Wyoming. April 28, 1964
STATE
Colorado Delaware Iowa Kansas Kentucky Michigan Missouri New Jersey Ohio Oregon Pennsylvania South Dakota Tennessee Wisconsin
EFFECTIVE DATE OF ACTION
11/15/61 10/22/61
7/26/62 3/3/58
12/61 4/64 3/62 7/12/61 12/17/61 6/63 11/62 6/3/62 4/62 7/63
U. S. ATOMIC ENERGY COMMISSION BYPRODUCT MATERIAL LICENSE
License Number 21-4082-1 00
(166)
Oi
Amendment No. 11
Pursuant to the Atomic Energy Act of 1954 and Title 10, Code of Federal Regulations, Chapter 1, Part 30, Licensing of Byproduct Material, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, own, possess, transfer and import byproduct material listed below; and to use such byproduct material for the purpose(s) and at the place(s) designated below. This license shall be deemed to contain the conditions specified in Section 183 of the Atomic Energy Act of 1954, and is subject to all applicable rules, regulations, and orders of the Atomic Energy Commission now or hereafter in effect and to any conditions specified below.
1. Name 2. Address
Licensee Detroit Osteopathic Hospital
Radioisotope Department 12523 Third Avenue
Highland Park, Michigan
3. License number 4. Expiration date 5. Reference No.
6. Byproduct material (element and mass number)
(See Page 2)
7. Chemical and/or physicial form (See Page 2)
9. Authorized use
(See Page 2)
In accordance with application dated August 17, 1964, 21-4082-1 is amended in its entirety to read as follows:
September 30, 1966
f
O*1
Maximum amount of radioactivity Ha
which licensee may possess at any M one time.
(See Page 2)
cc H
CONDITIONS
10. Unless other wise specified, the authorized place of use is the licensee's address stated in Item 2 above. 11. The licensee shall comply with the provisions of Title 10, Part 20, Code of Federal Regulations, Chapter 1, "Standards
for Protection Against Radiation." 12. Byproduct material shall be used by, or under the supervision of, Louis W. Gierke, D.O. Iodine 131 and Iodine 125 for
diagnosis of thyroid function may also be used by, or under the supervision of, Sidney J. Katz, D.O. 13. Byproduct material shall not be used in humans until its pharmaceutical quality and assay have been established.
6. Byproduct material (element and mass number)
7. Chemical and/or physical form
A. Iodine 131 B. Iodine 131
C. Iodine 131
D. Iodine 131
E. Iodine 131 P. Iodine 131 G. Chromium 51 H. Phosphorus 32 I. Cobalt 60 J. Mercury 203 or
Mercury 197 K. Gold 198 L. Cobalt 60
M. Sodium 24 N. Iron 59
O. Iodine 131 P. Strontium 85 Q. Iodine 125
A. Iodide B. lodinated Human Serum
Albumin C. Labeled fats and/or
fatty acids D. Labeled rental function
compounds E. Rose Bengal P. Triiodothyronine G. Sodium Chromate H. Soluble Phosphate I. Labeled Vitamin B-12 J. Chlormerodrin
K. Colloidal L. Wire (Nuclear Consultants
Model No. 521 wire in Model 522 needles or Model 523 cell.) M. Sodium Chloride N. Ferrous Citrate and/or Ferric Chloride 0. Polyvinylpyrrolidone P. Nitrate Q. Iodide
9. Authorized Use
A. 1. Diagnosis of thyroid function. 2. Treatment of hyperthyroidism, cardiac conditions and thyroid carcinoma.
B. Blood volume determinations. C. Diagnosis of pancreatic function.
8. Maximum amount of radioactivity which licensee may possess at any one time
A. 200 millicuries B. 5 millicuries
C. 4 millicuries
D. 2 millicuries
E. 2 millicuries
P. 2 millicuries
G. 5 millicuries
H. 25 millicuries I. 1 millicuries
O O
J. 15 millicuries
K. 20 millicuries
H
L. 150 millicuries
H M
M
H
M. 1 millicurie N. 1 millicurie
TJ O
O. 2 millicuries P. 100 microcuries Q. 2 millicuries
aotoo
to
OS 00 00
D. Renal function studies.
E. Liver function studies.
F. In vitro diagnosis of thyroid function.
G. Blood volume determinations and red cell survival studies.
H. Treatment of polycythemia vera, leukemia, and bone metastasis.
I. Diagnosis of pernicious anemia.
J. Brain tumor localizations and kidney scans.
K. Liver scanning.
L. Storage only.
M. Electrolytic studies and total body sodium level determinations.
^
N. Erythrocyte survival studies and plasma iron turnover studies.
O
0. Test for permeability of the GI tract to macromolecule s by assay of the stool.
<3
P. Diagnosis of skeletal metastases.
2
Q. Diagnosis of thyroid function and scans.
>
f
O*l
September 2, 1964
H
For the U. S. Atomic Energy Commission
f^fi
John E. Bowyer
w
Isotopes Branch
O
Division of Materials Licensing
d
INTERIM COMMITTEE REPORTS
2689
TO: THE GOVERNOR, LIEUTENANT-GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES, AND ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA.
REPORT OF THE HOUSE COMMITTEE TO INSPECT THE GOVERNOR'S
HONORS PROGRAM FOR 1964
COMMITTEE MEMBERS
QUIMBY MELTON, JR., CHAIRMAN Representative, Spalding County
David C. Peterson, Secretary Representative, Houston County
Milton Jones Representative, Muscogee County
Dr. John W. Acree Representative, Towns County
William J. Lee Representative, Clayton County
Mac Barber Representative, Jackson County
H. Walstein Parker Representative, Screven County
January 6, 1965
INTRODUCTION
Attached to and made a part of this report as Appendix I is an "Outline of the Governor's Honors Program for 1964", which was prepared by the State Department of Education. This "Outline" provides a detailed summary of the purposes of the Honors Program and a description of how it is organized and carried out. The following remarks are very general and intended to be intro ductory only, and the reader is requested to refer to Appendix I for detailed information about the program.
In general, the Governor's Honors Program has two main purposes: (1) to locate Georgia's most gifted llth and 12th grade high school students and provide them with a challenging educational experience not available to them in the regular public schools, and (2) to provide teachers and others in the field of education an opportunity to learn to recognize and understand the gifted student in the ordinary school environment. To carry out these broad purposes, a state wide committee selects 400 of Georgia's most gifted llth and 12th grade high school students to participate in a special eight weeks educational program held during the summer. In 1964 this special program was held at Wesleyan College from 8th to July 31st.
Under the authority of House Resolution Number 558, the Speaker of the House of Representatives appointed a committee of seven members to visit Wesleyan College for the purpose of observing and making a report on the operation of the Governor's Honors Program for 1964. Accordingly, the Com mittee was organized and made arrangements to visit Wesleyan College on July 21, 1964 while the Governor's Honors Program was in progess. The report that follows attempts to briefly record the Committee's impression of the operation of the Governor's Honors Program and to evaluate the contributions it makes to the State of Georgia and its gifted students.
2690
JOURNAL OP THE HOUSE,
The Committee wishes to express its sincere appreciation to Dr. Edward C. Frierson, Resident Director of the Governor's Honors Program, and to his assistant, Mr. Raymond Hill, and to all members of the staff of the Governor's Honors Program for their very cordial reception of the Committee and for their excellent cooperation in explaining how the program works and what it is designed to accomplish.
THE GOVERNOR'S HONOR PROGRAM FOR 1964
The broad design of the special educational program offered to the gifted students at Wesleyan College was to allow each student to concentrate on a particular area of study according to his primary interests while also stressing the importance of general intellectual ability and the comprehensive development of the personality. As a result, the selection process provided for the nomination of students in particular fields of study (natural sciences, social sciences, mathematics, etc.) which made it possible to know the primary interest of each student in advance of the beginning of the course of instruction. In carrying out this design, a portion of each day's activity was devoted to study in the specific area of the student's interest while the remainder of the day was devoted to study outside the area of specialization and also to physical education and recreation (see Appendix I, pages 5 and 6 for an example of a typical day's activity). The Committee was given the opportunity to observe the students during all phases of the day's activity and was very favorably impressed with their enthusiastic response to the instruction offered during the entire day. The students demonstrated a very keen interest in all the instruction made available to them whether it was in their areas of specialization or in the areas of general intellectual achievement. The Committee believes, therefore, that the design of the course of insrtuction was well conceived, because from observa tion of and conversations with the participating students, it appears they are quite capable of appreciating the importance of general knowledge as well as special knowledge and responded to the instruction offered accordingly. These gifted students seem to realize that special knowledge tends to become isolated when it is not accompanied by a reasonable degree of general knowledge, and being isolated, it is less effective in contributing to the progress of mankind in general or to the progress of the individual in particular.
Closely related to the enthusiasm of the students during all phases of the instruction was the competency of the teachers and others who made up the staff. Attached to this report as Appendix II is a list of the members of the staff of the Governor's Honors Program for 1964. It is the consensus of the Committee members that the quality of the instruction presented to the students was superior. The teachers were able to stimulate and maintain the interest of the students by their expert presentation of the subject matter and by several teaching techniques such as team teaching, seminars, independent study and inquiry, which these gifted students responded to with enthusiasm. The fact that no grade or course credit was given for participating in the program did not diminish the interest or enthusiasm of the students. It appears that when a program of instruction is presented in a challenging manner in an environment where learning is of primary concern, the promise of increased knowledge is sufficient reward in itself to insure the enthusiastic participation of gifted students.
Although the primary emphasis was on intellectual development, the Governor's Honors Program fully recognized and stressed "... the relationship
INTERIM COMMITTEE REPORTS
2691
between good physical fitness and good mental health." (Appendix I, p. 4). In this connection, a program of organized physical education and recreation was an important part of the eight weeks course, and the students appeared to enjoy participating in these activities.
CONCLUSIONS AND RECOMMENDATIONS
The Committee's observation of the Governor's Honors Program while it was in progress at Wesleyan College convinced each member that the Program makes important contributions to the furtherance of education in the State of Georgia. The Program was carried out efficiently and effectively by the very able people who made up the staff. The knowledge gained by the teachers and others responsible for the education of our youth is sure to be valuable since it will help enable them to recognize, understand, and encourage gifted students in the ordinary public school situation. Being better prepared to recognize gifted students and to understand teaching techniques which they are likely to respond to, makes it possible for our teacher to better utilize the intellectual resources of our State. The Governor's Honors Program for 1964 provides for a research and evaluation follow-up which will make available to all public school teachers in Georgia the information gained by their colleagues who actually participated in the Program. In this connection, the Committee recommends a wide distribution of the research and evaluation follow-up to all interested educators in the State.
The Committee also believes that the students who were selected to partici pate in the Program derived substantial benefits from their experience. Being exposed to this challenging educational adventure is very likely to have a lasting influence on the lives of most of those gifted students and will probably serve to inspire them to greater intellectual achievement.
The Committee's only recommendation for the improvement of the Governor's Honors Program is that students eligible to participate in the Program be con fined to those who have completed the llth grade. The members of the Com mittee unanimously agree that the Program serves a valuable purpose for the State and recommends that it be continued and expanded.
APPENDIX I.
OUTLINE OF THE
GOVERNOR'S HONORS PROGRAM FOR
1964
State Department of Education Claude Purcell
State Superintendent of Schools
Outline of the Governor's Honors Program for 1964
1. Purposes
The Governor's Honors Program for the summer of 1964 is specifically designed:
2692
JOURNAL OF THE HOUSE,
1. To describe and identify the characteristics of the most gifted, upcoming eleventh and twelfth grade students in Georgia's public secondary schools.
2. To provide gifted up-coming eleventh and twelfth grade students in Georgia's public secondary schools an opportunity to increase their in tellectual productivity by involvement in new subjects, new methods, and new learning environs.
3. To search out, develop and demonstrate teaching techniques and materials which can be used most effectively with gifted secondary students.
4. To offer teachers and counselors of gifted secondary students and ad ministrators and supervisory personnel a leadership (work study) pro gram which will help them to better understand the nature and needs of these students.
II. Description of Program.
In order to carry out the above purposes, the procedures discussed below will be followed during the summer of 1964.
1. Pour hundred students selected by a statewide selection committee from nominations made by public school superintendents will be brought to the Wesleyan College campus, Macon, Georgia, for an eight-week resi dential program. The program will be in session from June 8 to July 31. A five and one-half day a week instructional program will be offered to students by thirty odd staff members. The program will be designed to provide a balance of study and activity in three major areas: the develop ment of a specific aptitude or ability; the development of general intel lectual ability; and the understanding of self and others. Students will be scheduled to spend a portion of each day studying in a specific area (the area in which nominated). During this time, they will be given opportunities to explore academic disciplines within their areas which are not ordinarily found in a typical secondary school program. The student may specialize in one of the following areas: Natural sciences, social sciences, mathematics, linguistics (English or foreign languages), visual arts, music, and drama. Activities in each area will be presented in such a manner as to be unique and different from the way in which they are usually presented and carried out in the typical school. Course content will be "idea centered" and will stress the integration of knowledge. Con tent bounds for students will be determined only by the individual student's ability and interest. No grade or course credit will be given for any work done during the eight weeks.
The Natural Sciences
The natural science program will offer opportunities for students to do in dependent and original research in the fields of chemistry, physics, ecology and biology. Students enrolled in the ecology program will participate in a "Swamp Stompers" program which is a program of field trips and classroom and inde pendent study. Subjects of the trips may run from fossils and invertebrae col-
INTERIM COMMITTEE REPORTS
2693
lections to a comparison of similar features found in differing environments in the areas visited.
The Social Sciences
The social sciences program will be built around studies in anthropolgy, philosophy, economics and political science. Students will be given an opportunity to study man in his environment; to better understand our culture through study ing other cultures; man's thoughts about man; our own political and economic institutions; and to be introduced to some of the disciplines of the social sciences. Linguistics and Foreign Languages
The linguistics program will feature both foreign languages and English. Studies in linguistics and literature will be offered to all students participating in both phases of this program. Students will study the structure of the English language as related to English and as related to foreign languages. Foreign language students will also be given an opportunity to become familiar with the culture and literature of the countries from which the languages they are studying are spoken. The improvement of language skills will also be a feature of this program.
Students participating in the English program will, in addition to the linguistics study, have an opportunity to examine the nature of man and the values he holds through a concentrated literature program in the humanities and through a study of Asian literature.
The Mathematics Program
The mathematics program will be designed to extend the student's present knowledge of mathematics and to encourage creativity and originality. Some of the fields of study that will be included in the program are: set theory, topology, probability in geometry, computer programing, elementary statistics and proper ties of the number systems and their applications. This program will attempt to impress upon participants the logical aspects of mathematics.
Drama
Drama students will have opportunities to study the history of the theatre and of acting. They will also be given opportunities to write and produce original plays. Other activities will include ths study of the nature of man and his values as reflected in drama and the theatre.
Music
It is assumed that the music pupils will have achieved a greater proficiency' in the performing medium than in the academic substance of music. Therefore the objectives of the music program will include:
1. Increase in knowledge of the academic discipline of music.
2. Increase in understanding of the relationship between this academic dis cipline and performance.
2694
JOURNAL OF THE HOUSE,
3. Knowledge of the development of western civilization as it has helped to shape and develop music as an art.
4. Opportunities for performance of literature in media not normally avail able in the high school curriculum.
5. Maximum opportunity for development of individual inquiry, leading into projects such as research, writen composition, arranging, and learned writing.
6. Opportunities for aesthetic experiences in music through performing and listening for the non-music student in the Governor's Honors Program.
It is hoped that these young people can acquire a deep personal knowledge of music as an expression of part of man's search for the meaning of life.
The Visual Arts
In the visual arts section, participants will work with a wide range of art forms, including painting, graphics, sculpture, ceramics and architecture. Both historical and contemporary art concepts will be explored and experiments with new materials and processes will be conducted. Architectural problems of com munity and industrial living will be studied.
Visiting artists of national and regional reputation will give demonstrations in areas such as gouache and encaustic painting, cast and welded sculpture, serigraphy and other forms of print making. Students will have the opportunity of discussing their work with these visiting artists.
Exhibits by designer craftsmen, art directors, painters, sculptors, architects, interior designers, will be displayed throughout the summer session. Physical Education and Recreation
A well-planned and organized physical education and recreational program will be provided for all students. This particular phase of the program will emphasize an instructional program in activities which have carry over value into adult life. Opportunities for individual explorations into leisure time ac tivities, and participation in competitive activities designed to provide varied activities in a healthy competitive atmosphere will be available for all students. The relationship between good physical fitness and good mental health will be stressed throughout the entire eight weeks program.
Teaching Techniques
Teaching techniques for the program will be designed to provide an inter disciplinary approach to learning through the use of team teaching, seminars, inquiry, independent study, and other techniques appropriate to the gifted. Through the use of such techniques it is hoped that we can show innovations that can be adapted at the local level and innovations that stress ideas and the integration of knowledge as well as academic excellence and the development of specific abilities and aptitudes.
INTERIM COMMITTEE REPORTS
2695
The program will be designed to develop the general intellectual abilities of students through independent study in any of the specific curricula areas of fered; that is, students participating in the area of science as a specialized area will also have opportunities to explore areas outside of their major field of interest. Under the guidance of staff members, they may develop independent study projects in science, English, foreign languages, mathematics, drama, music, art, social sciences or in other areas in which they are interested.
The Basic Issues of Man
A major area of study and activity will provide opportunities for students to explore the "basic issues" of man that are of universal concern to all mankind. All students will be scheduled for seminars in which the "basic issues" will be discussed. These will be led by specially trained staff members. Study materials for this phase of the program will include the Basic Issues booklets and films prepared by the Center for Continuing Education, The University of Georgia, the Great Books of the Western World and other supplementary materials. It is hoped that through this phase of the program students will develop a basis for determining their own system of values and that they will have a better understanding of man and his nature.
Special Events
In addition to the activities described above, a number of special events are being planned. Students will have opportunities to meet and work with scholars and specialists not usually available in the regular school program.
Guidance and Counseling
A special guidance and counseling program will be available to all students. This program will help the student broaden his basis for understanding self and for making decisions about the future which are in keeping with his specific abilities.
Daily Schedule
The daily schedule for students will provide opportunities for participation in all of the activities outlined. Schedules for individual students may vary according to interest and needs. Activities will be scheduled according to the schedule given below.
TIME 8:00 - 8:30 a.m. 8:45 - 10:30 a.m. 10:45 - 12:30
1:00 - 1:45 p.m. 2:00 - 3:30
3:45 - 4:00 p.m.
ACTIVITY
Breakfast Academic Instruction Academic Instruction Basic Issues Seminar Lunch Independent Study Academics and Arts Free Study/Activity Governor's Fitness Council Activity
DAYS
Daily Mon. - Sat. M-W-F T - Th. - S
Daily M-W-F
T - Th. - S Mon. - Fri.
2696
JOURNAL OF THE HOUSE,
4:00 - 5:30 p.m.
6:00 - 7:00 p.m. 7:00 - 10:00 p.m.
10:15 p.m. 11:00 p.m.
Recreation, Sports, Free Activity Dinner Special Events - Literary Group Work Check in Dormitory Lights Out
Mon. - Fri. Daily
Mon. - Sat.
Daily Daily
III. Leadership Conference
One of the objectives for the Governor's Honors Program for the summer of 1964, relates to leadership training in the area of the gifted. In order to reach this objective, a special leadership conference for teachers and counselors of secondary gifted students, administrators, and supervisory personnel will be held on the Wesleyan College campus during the week of June 29 - July 3. Participants will have opportunities to do intensive study in the psychology of the gifted, to observe student activities, to examine materials being used, to discuss admini strative arrangements and counseling programs for the gifted and to work with national and state leaders in special education for the gifted.
IV. Research and Evaluation
A research design for the evaluation of purposes outlined for the Governor's Honors Program for the summer of 1964, is being developed by a research com mittee. Research and evaluation activities will include:
1. A complete report on all phases of the program
2. A comparative study of identification instruments to use in identifying gifted secondary students
3. A description of the characteristics of the gifted secondary students in Georgia
4. A study of the attitudes, values, and self concepts of students partici pating in the program
5. A follow up of students participating in the program
6. Guidelines for counseling gifted secondary students
7. Recommendations for future programs
APPENDIX II.
GOVERNOR'S HONORS PROGRAM STAFF 1964
RESIDENT DIRECTOR: Dr. Edward C. Frierson, Akron, Ohio. Dr. Frierson holds a B. A. degree in Education, English and Bible from Wheaton College and a M. A. degree in Administration and Supervision of Instruction from the Uni-
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versity of Miami, at Miami, Florida. He received his doctorate in Special Educa tion, (Area Gifted) from Kent State University, Kent, Ohio, in June. He will join the Special Education staff of George Peabody College, Nashville, Tennessee, in September.
ASSISTANT RESIDENT DIRECTOR: Mr. Raymond Hill, Cartersville, Geor gia. Mr. Hill is principal of the Cartersville High School. He holds a B. S. and a Master's degree in Education from The University of Georgia.
RESEARCH DIRECTOR: Dr. Katherine Blake, Athens, Georgia. Dr. Blake is a professor of Education, in the area of Special Education at The University of Georgia. She holds a B.S. and a M.S. degree in Psychology from Florida State University and a Ph. D. degree in Special Education, Educational Psychology and Elementary Education from Syracuse University.
RESEARCH ANALYST: Mrs. Charlotte Williams, Athens, Georgia. Mrs. Williams is a Research Project Manager in the area of Special Education at The University of Georgia. She received her A.B. degree in English from Brenau and her M. Ed. in Counseling from The University of Georgia.
RESEARCH PROJECT MANAGER: Mr. William Bishop, Kent, Ohio. Mr. Bishop is a Ph. D. candidate in Special Education at Kent State University. He received his B. A. degree in Social Science from Westmar College, Iowa, and his M. Ed. in Guidance and Counseling from the University of Missouri. He is on the teaching staff at Kent State University.
AUDIO-VISUAL COORDINATOR: Mr. Glenn Kunce, Atlanta, Georgia. He is production assistant in the Audio-Visual Education Department of the Atlanta City Schools. Mr. Kunce has a B. A. in Fine Arts and Photography from Miami University, Oxford, Ohio.
COUNSELING STAFF: Dr. Florence Rambo, Athens, Georgia. Dr. Rambo received her Ed. D. degree in Counseling and Guidance from The University of Georgia in June. She received her A. B. degree in English, Psychology and Vocal Music from Agnes Scott College and her M. Ed. in Counseling from The Universi ty of Georgia. Mrs. Rambo is a Counselor at Athens Junior High School.
Mrs. Elizabeth Bowen, Griffin, Georgia. Mrs. Bowen is a counselor on the Jackson High School, Jackson, Georgia, faculty. She received her B. A. degree in Journalism and her M. Ed. in Counseling from The University of Georgia.
Mr. William Donald Crump, Hawkinsville, Georgia. Mr. Crump is a counselor at Hawkinsville High School, Hawkinsville, Georgia. He holds a B. S. in Health and Physical Education from Georgia Southern College and a M. Ed. from The University of Georgia in Guidance and Counseling.
Mr. Bobby M. Freeman, Atlanta, Georgia. Mr. Freeman is a counselor at Brown High School, Atlanta City School System. He holds a B. S. degree in Social Science from the University of Alabama and a M. A. degree in Guidance from Teachers College, Columbia University.
2698
JOURNAL OP THE HOUSE,
SOCIAL SCIENCES STAFF:
Mr. Bernard Hirshberg, Savannah, Georgia. Mr. Hirshberg is a Social Science Supervisor in the Chatham County School System. He holds a B. A. and a M. A. degree in Education from the University of Michigan. He has also done graduate work in the Social Sciences at The University of Georgia.
Mr. Phillips Secrist, Kennesaw, Georgia. Mr. Secrist is Chairman of the Social Science Department in the Marietta High School. He holds a B. S. in Education from the University of Tennessee and a M. S. in Education from Auburn Uni versity.
Mr. Hilton Smith, Atlanta, Georgia. Mr. Smith is a Social Science teacher at North Springs High School, Fulton County School System. He holds a B. A. degree in Philosophy and a M. Ed. in History and Education from Emory Uni versity.
ENGLISH STAFF:
Mr. Joseph Bosco, Leonia, New Jersey. Mr. Bosco is a Supervisor and Co ordinator of Linguistics in the Pascack Valley High School, Hillsdale, New Jersey. He received his A. B. degree in English and Philosophy from Ohio University and his M. A. degree in English and Psychology from Seton Hall University. He is a doctoral candidate in Language Arts and Curriculum Development K - 12 at Teachers College, Columbia University.
Mr. Marion Sloan, Atlanta, Georgia. Mr. Sloan is an English teacher at Sandy Springs High School, Fulton County. He has an A. B. degree from Vanderbilt University.
Mrs. Gloria Mason Henderson, Brunswick, Georgia. Mrs. Henderson is an English teacher and annual advisor at Glynn Academy, Glynn County Schools. She holds an A. B. degree in English from Hendrix College, Conway, Arkansas. Mrs. Henderson is a candidate for her M. A. degree in English at Vanderbilt University.
FOREIGN LANGUAGES STAFF:
Mrs. Lee M. Lieke, Atlanta, Georgia. Mrs. Lieke is a language teacher at Sandy Springs High School, Fulton County School System. She has an A. B. degree from Maryville College of the Sacred Heart, St. Louis, Missouri, B. S. in Library Science, Louisiana State College.
Mr. William L. Easterling, Athens, Georgia. Mr. Easterling is a doctoral candidate in Contemporary Literature at The University of Georgia. He has a B. S. in Spanish from Western Carolina College, Cullowhee, North Carolina, a M. A. in Spanish from Middlebury College, Middlebury, Vermont, and a diploma in French Literature from the Sorbonne, Paris, France.
MATHEMATICS STAFF:
Mr. Wilford Boykin, Atlanta, Georgia. Mr. Boykin is a Mathematics teacher
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2699
at the Clarkston High School, DeKalb County School System. He received an A. B. degree in General Science and a M. A. T. degree in Mathematics from Emory University.
Mr. Charles L. Christmas, Athens, Georgia. Mr. Christmas is a doctoral student at The University of Georgia. He received his B. S. degree in Education from Oakland City College, Oakland, Indiana, and his M. A. degree in Mathe matics from The University of Georgia. He is presently teaching at The Uni versity of Georgia and serving as an Assistant in the Mathematics Department.
Miss Frances C. Moore, Athens, Georgia. Miss Moore is a teacher of Mathe matics at Athens High School and Resource Teacher for Clark County Junior High and Senior High Schools, Athens, Georgia. She received an A. B. degree from Agnes Scott College in Chemistry and later added a major in Mathematics from The University of Georgia. She also holds a M. S. degree in Education and Mathematics from The University of Georgia.
NATURAL SCIENCES STAFF:
Mr. Herbert Handley, Brunswick, Georgia. Mr. Handley is Science Coordinator for the Glynn County School System. He also teaches Chemistry at Glynn Academy. He received his B. S. degree in Biology and Chemistry from Florence State College, Florence, Alabama, and his M. Ed. in Science Education from The University of Georgia. He has participated in several science institutes and studied at the University of Wyoming.
Miss Ruth Kirby, Atlanta, Georgia. Miss Kirby is Chairman of the Science Department at Henry Grady High School, Atlanta City School System. She has a B. S. degree in Natural Sciences from Jacksonville State College, Jacksonville, Alabama, and a M. A. degree in Counseling and Guidance from the University of Alabama. She has done further graduate study at Emory University and Columbia University.
Mr. George F. Linn, Norwalk, Ohio. Mr. Linn is presently serving as Co ordinator of Secondary Programs and as Coordinator of the Program for the Gifted in the Huron County School System, Norwalk, Ohio. He has a B. S. degree in Geology from Ohio State University.
DRAMA STAFF:
Miss Margaret Breedlove, Dallas, Texas. Miss Breedlove is a teacher of English and Debate at Justin F. Kimball High School, Dallas, Texas. She has a B. A. degree in Speech and Drama from Texas Wesleyan College and a M. A. degree in Government and Education from North Texas State University. She has also done additional graduate study at the University of Texas and Southwest Texas State College.
Mr. Oliver Land, Cochran, Georgia. Mr. Land is Assistant Professor of Speech and English and Director of all drama activities at Middle Georgia College, Cochran, Georgia. He has a BFA degree in Drama and English and a MFA degree in Drama from The University of Georgia.
2700
JOURNAL OF THE HOUSE,
Mr. Wallace Smith, Wilmette, Illinois. Mr. Smith is Director of Auditorium Activities at the Evanston Township High School, Evanston, Illinois. He holds an A. B. degree in Speech and History from Baldwin Wallace College, Berea, Ohio, and an A. M. degree in Theatre from Northwestern University. He is director of the Secondary School Theatre Conference and a member of the Ex ecutive Committee of the American Educational Theatre Association.
MUSIC STAFF:
Dr. William Lemmonds, Director of Choral Music, Emory University. Dr. Lemmonds holds a B. M. and M. M. degree from the Westminster Choir College, Princeton, New Jersey, and Doctor of Music - Missouri Valley College, Marshall, Missouri.
Dr. Leon Culpepper, Macon, Georgia. Dr. Culpepper is Coordinator of Music and Director of Research, Bibb County Schools, Macon, Georgia. He has a B. S.
degree in Music Education and English from Georgia Southern College, a M. A. degree in Music Education and Educational Administration and an Ed. D. degree in Musical Education and related fields from George Peabody College, Nashville, Tennessee.
Mr. William H. Hill, Atlanta, Georgia. Mr. Hill is Assistant Professor of Music at Georgia State College, Atlanta, Georgia. He received a B. M. degree from the New England Conservatory of Music, Boston, Massachusetts. He has also done further graduate work in the New England Conservatory.
Mr. Joseph M. Kirschner, Atlanta, Georgia. Mr. Kirschner is Coordinator of Instrumental Music for the Fulton County Board of Education, Atlanta, Georgia. He received a B.M.E. degree from Northwestern University, Evanston, Illinois, and a M. M. degree from Northwestern University. He has completed the Special ist in Education Program at The University of Georgia with major work in Music Education.
Mr. James Michael Pescor, Baltimore, Maryland. Mr. Pescor is Assistant Professor of Music at Morehead State College, Morehead, Kentucky. He holds a B. M. and M. M. in Music from the University of Texas. He is a candidate for an Ed. D. at the University of Illinois.
Miss Margaret May Swain, Atlanta, Georgia. Miss Swain is Chairman of the Music Department at the Walter George High School, Atlanta City School System. She has an A. B. degree in Music from Shorter College, Rome, Georgia, and a B. M. in Organ from the same college. She received a M. M. degree with an Organ major from Northwestern University, Evanston, Illinois.
Mr. Robert Benjamin Waggoner, Atlanta, Georgia. Mr. Waggoner is Head of the Music Department of W. F. Dykes High School, Atlanta City School Sys tem. He holds a B. S, in Music and a M. M. Ed. from The University of Georgia:
VISUAL ARTS STAFF:
Mr. Olen Bryant, Mount Juliet, Tennessee. Mr. Bryant has a B. S. degree in Art from Murray State College, Murray, Kentucky, and a MFA in Sculpture from Cranbrook Academy of Art, Bloomfield Hills, Michigan.
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2701
Mr. Robert M. Hall, St. Augustine, Florida. Mr. Hall is Resource Teacher (Grades 7-12) in the Jacksonville Public Schools, Jacksonville, Florida. He has a B. A. degree in Art from Florida State University, Tallahassee, Florida.
Mrs. Robbie Jo Parks, Madisonville, Kentucky. Mrs. Parks teaches at the Monte Sano School for Trainable Mentally Retarded in Baton Rouge, Louisiana. She received her B. S. in Art from Murray State College, Murray, Kentucky, and her M. A. in Art from Louisiana State University.
PHYSICAL EDUCATION STAFF:
Miss Lea Barrett, Atlanta, Georgia. Miss Barrett is Health and Physical Education teacher at Headland High School, Fulton County School System. She has a B.S. Ed. degree from The University of Georgia with a major in Recrea tion and Physical Education.
Mr. Thomas Paul Jones, East Point, Georgia. Mr. Jones is Head of the Physical Education Department of Headland High School, Fulton County School System. He has an A. B. degree in Physical Education from Milligan College, Milligan College, Tennessee, and a M. A. degree in Education Administration from George Peabody College, Nashville, Tennessee.
Miss Mindy Bhullar, Macon, Georgia. Miss Bhullar is a student at Wesleyan College in Macon, Georgia, where she is working toward a B. S. degree in Physical Education. She has a Teacher's Certificate from the Highridge Teacher Training College in Nairobi, Kenya, East Africa, and a Certificate in Physical Education from City and Coventry Training College, Coventry, England.
Mr. Jack Suddath Short, East Point, Georgia. Mr. Short is a Physical Educa tion teacher at Headland High School, Fulton County System. He holds a B. S. in Education from Western North Carolina College, Cullowhee, North Carolina.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COUNTY MATTERS STUDY COMMITTEE
HR 50, As Amended By HR 113
THE COMMITTEE
Honorable Thomas B. Murphy Representative, Haralson County Chairman
Honorable James W. Paris Representative, Barrow County Vice-Chairman
Honorable Wayne Snow, Jr. Representative, Walker County Secretary
2702
JOURNAL OF THE HOUSE,
Honorable Gerald H. Leonard Representative, Murray County Member
Honorable Floyd Hudgins Representative, Chattahoochee
County Member
Honorable Ralph R. Underwood Representative, Taylor County Member
Honorable Don C. Moore Representative, Stephens County Member
Honorable Henry G. McKemie Representative, Clay County Member
Honorable Jimmy D. NeSmith Representative, Meriwether County Member
Honorable W. Mobley Howell Representative, Early County Member
Honorable Curtis C. Herndon Representative, Appling County Member
Honorable J. Lucius Black Representative, Webster County Member
February 5, 1965
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF COUNTY MATTERS STUDY COMMITTEE
HR 50, As Amended By HR 113
INTRODUCTION:
The Committee to Study County Matters was created by House Resolution 50, as amended by House Resolution 113, and the Speaker appointed as members of the Committee, Representatives Leonard of Murray, Hudgins of Chattahoochee, Underwood of Taylor, Moore of Stephens, McKemie of Clay, NeSmith of Meriwrether, Murphy of Haralson, Howell of Early, Herndon of Appling, Paris of Barrow, Black of Webster, and Snow of Walker. Representative Murphy was
INTERIM COMMITTEE REPORTS
2703
appointed Chairman, and at the organizational meeting Representative Paris was elected Vice-Chairman and Representative Snow was elected Secretary.
The primary objective of the Committee was to hear the problems presently facing the counties of Georgia, and to seek legislative solution to many of these problems. The Committee studied various records in the fields of taxation, power of counties, home rule, and county planning; and heard voluminous testimony from experts familiar with the problems now besetting the counties of Georgia. There is on file with the Office of the Legislative Counsel copies of statements, reports, and the minutes of the meetings of the Committee for the inspection and further study by the membership of the General Assembly. The Committee makes the following findings and recommendations:
HOME RULE:
From testimony received from both the Association of County Commissioners and the Georgia Municipal Association, it was readily determined that because of the magnitude of problems confronting units of government as population trends change and the needs and demands of the public for local services con tinually increase, that some uniform legislation authorizing local governing au thorities to govern their property, affairs and local government would be desirable and beneficial to the people of Georgia.
The impending reapportionment of the Georgia House of Representatives lends credence to the need for Home Rule legislation for the counties of Georgia in view of the possibility of one representative having as many as three or more counties in his representative district. When reapportionment occurs, a repre sentative with a multiple county district will find it difficult to be well informed on the local problems which could be expeditiously handled by the local governing authorities.
Under the Home Rule legislation recommended herein, no local regulation could be passed which is presently covered by the general laws of Georgia, and the counties are expressly preempted in the recommended legislation from passing local acts in the areas affecting the composition or compensation of other elected county offices, adoption of criminal laws, and laws governing taxation beyond that authorized by law. The committee feels that the resolution and the enabling statute authorizing Home Rule, attached hereto as "Exhibit A", contain sufficient checks and balances by the General Assembly over certain areas of county gov ernment, while also authorizing the counties to handle on a local level those problems which will arise and which will deserve immediate attention by the local governing authority.
This Committee feels strongly that a resolution providing for constitutional authority for Home Rule is more desirable than a resolution placing all the powers and limitations of counties in the Constitution itself. Enabling Home Rule legisla tion authorized by general constitutonal authority will enable the legislation to undergo a testing period after passage, and areas where change may be needed after implementation can be made by the General Assembly without re quiring other constitutional amendments. This Committee recommends the Home Rule Resolution and the Home rule enabling Bill attached hereto, for passage in this 1965 session of the General Assembly.
2704 TAXATION:
JOURNAL OF THE HOUSE,
Throughout the course of its study, the Committee was repeatedly confronted with the recurring need for revision of our general laws governing the taxing powers of counties. The Committee found that the methods of assessing and
evaluating property for taxation purposes differ from county to county, and that a wide discrepancy exists in the taxing structure between those counties which have undergone reevaluation of property and those that have yet to reevaluate their property.
The Committee, in its study, found that counties presently switch funds with in the framework of the fields in which levies are made for taxes. It further found that though there are certain areas in which the millage rate for tax purposes was limited by law, the majority of areas for which taxes could be levied were unlimited in amount. There does not exist in Georgia any all-inclusive limit on what a county can actually tax its citizens under existing law. As a result of its findings, the Committee feels that the counties are presently operat ing under a subterfuge and that a modernized tax law should be adopted where by the counties would have authority to levy taxes to the extent that they are actually needed in any given field. The Committee therefore recommends that the county governing authority be authorized to levy taxes necessary to properly perform its services in any given area, and which will in turn properly inform the public of how much money is being spent in a given field, by recodifying Sec tions 92-3701 through 92-3717, Georgia Code Annotated, in accordance with the proposed legislation attached hereto and identified as "Exhibit B".
The Committee expresses its appreciation to the representatives of the As sociation of County Commissioners; the Georgia Municipal Association; Mr. Thomas Sangster, Director of the Property Tax Unit, State Revenue Depart ment; and its special thanks to Mr. Edward B. Liles, County Attorney for Glynn County, for their suggestions and assistance in furnishing beneficial information to the Committee. Special appreciation is also extended to the Office of Legislative Counsel for their counsel and advice.
Respectfully submitted,
/s/ Thomas B. Murphy Chairman
/s/ James W. Paris Vice-Chairman
/s/ Wayne Snow, Jr. Secretary
/s/ Gerald H. Leonard /s/ Ralph R. Underwood /s/ Henry G. McKemie
/s/ W. Mobley Howell /s/ Floyd Hudgins
/s/ Don C. Moore /s/ Jimmy D. NeSmith /s/ Curtis C. Herndon /s/ J. Lucius Black
INTERIM COMMITTEE REPORTS
2705
EXHIBIT "A"
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the self-government 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 of the Constitution is hereby amended at the end there of a new section and paragraph to be designated Section III. Paragraph I to read as follows:
"Section III. Paragraph I. Duty of General Assembly to provide for uniform systems. The General Assembly is authorized to provide by law for the self-government of counties and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to counties upon which, prior to the ratification of his amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to counties."
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:
"YES ( ) Shall the Constitution be amended so as to authorize the General NO ( ) Assembly to provide by law for the self-government of counties ?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The 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.
2706
JOURNAL OF THE HOUSE,
EXHIBIT "A"
A Bill to be entitled an Act to grant certain home rule powers to counties; to authorize the governing authority of each county to adopt certain ordinances, resolutions or regulations relating to its local government; to provide for the method of adopting such resolutions or ordinances; to provide that certain local acts, ordinances, resolutions or regulations may be amended or repealed in a referendum by the people; to provide for the method of initiating a petition by the people; to enumerate certain areas in which the governing authority of a county shall have no power to adopt ordinances, resolutions or regulations; to provide that the governing authority shall not have the power to take any action affecting the private or civil law governing private or civil relationships; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of each county in this State shall have the legislative power to adopt clearly reasonable ordinances, resolutions or regu lations relating to its property, affairs and local government for which no pro vision has been made by general law and which is not inconsistent with the Constitution or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Section 2. This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Section 3 hereof.
Section 2. Except as provided in Section 3, a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
(a) Such local acts may be amended or repealed by a resolution or ordi nance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice con taining a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in Subparagraph (b) of this Section or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if inconsistent with any provisions of the Constitution or if provisions has been made therefor by general law.
(b) Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Section 1 hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general election, which petition shall specifically set forth the exact language of the pro posed amendment or repeal. The ordinary shall determine the validity of such
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2707
petition. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks im mediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. If more than one-half of the votes cast on such question are for ap proval of the amendment or repeal, it shall become of full force and effect, other wise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as 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. A referendum on any such amendment or repeal shall not be held more often than once a year. No amendment hereunder shall be valid if inconsistent with any provision of the Constitution or if provi sion has been made therefor by general law.
Section 3. The power granted to counties in Sections 1 and 2 above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under the Constitution.
(a) Action affecting any elective county office or the personnel thereof other than the county governing authority.
(b) Action affecting the composition, form, procedure for election or ap pointment, compensation, and expenses and allowances in the nature of com pensation, of the county governing authority.
(c) Action defining any criminal offense or providing for criminal punish ment.
(d) Action adopting any form of taxation beyond that authorized by law or the Constitution.
(e) Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or the Constitution.
(f) Action affecting the exercise of the power of eminent domain.
(g) Action affecting any court or the personnel thereof,
(h) Action affecting any public school system.
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JOURNAL OF THE HOUSE,
Section 4. The power granted in Sections 1 and 2 of this Act shall not in clude the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independ ent governmental power.
Section 5. This amendment shall become effective November 15, 1966, but only in the event the constitutional amendment authorizing the General Assembly to provide by law for the self-government of counties, as provided herein, shall be ratified at the November 1966 general election.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
EXHIBIT "B"
A Bill to be entitled an Act to amend Code Chapter 92-37, relating to taxa tion by counties, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 444), an Act approved March 24, 1939 (Ga. Laws 1939, p. 199), an Act ap proved March 6, 1941 (Ga. Laws 1941, p. 3771), an Act approved January 30, 1946 (Ga. Laws 1946, p. 871), an Act approved March 26, 1947 (Ga. Laws 1947, p. 809), an Act approved March 25, 1958 (Ga. Laws 1958, p. 370), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 458), so as to repeal the limitations on taxes which counties are authorized to levy and collect for specific purposes; to repeal certain provisions defining "current expenses", "accumulated debts", and "county expenses"; to repeal certain provisions relating to payment of ac cumulated debts, duties of the ordinary, recommendations of the grand jury, and extra taxes for county buildings; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Chapter 92-37, relating to taxation by counties, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 444), an Act approved March 24, 1939 (Ga. Laws 1939, p. 199), an Act approved March 6, 1941 (Ga. Laws 1941, p. 3771), an Act approved January 30, 1946 (Ga. Laws 1946, p. 871), an Act approved March 26, 1947 (Ga. Laws 1947, p. 809), an Act approved March 25, 1958 (Ga. Laws 1958, p. 370), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 458), is hereby amended by striking Code Section 92-3701, relating to purposes of county taxes in general, as amended, in its entirety and inserting in lieu thereof a new Code Section 92-3701 to read as follows:
"92-3701. Purposes of county tax in general.--The governing authority of each county may levy and collect taxes for the following purposes and shall specify the number of mills levied for each specific purpose, to wit:
"1. To pay the expenses of administration of the county government.
"2. To pay the principal and interest of any debt of the county and to provide a sinking fund therefor.
"3. For educational purposes upon property located outside of independ ent school systems, as provided in Article VIII (section 2-6401 et seq.) of the Constitution of Georgia, as amended.
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"4. To build and repair the public buildings and bridges.
"5. To pay the expenses of courts, the maintenance and support of prisoners and to pay the sheriffs and coroners and for litigation.
"6. To build and maintain a system of county roads.
"7. For public health purposes in said county, and for the collection and preservation of records of vital statistics.
"8. To pay county police.
"9. To support paupers.
"10. To pay county agricultural and home demonstration agents.
"11. To provide for payment of old-age assistance to aged persons in need, and for the payment of assistance to needy blind, and to dependent children and other welfare benefits, provided that no person shall be en titled to such assistance who does not qualify for such assistance in every respect, in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder; provided no indebtedness or liability against the county shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized under the Constitution of Georgia as amended for such purposes.
"12. To provide for fire protection of forest lands and for the further conservation of natural resources.
"13. To provide medical or other care, and hospitalization, for the in digent sick people of the county.
"14. To acquire, improve and maintain airports, public parks, and public libraries.
"15. To provide for workmen's compensation and retirement or pension funds for officers and employees.
"16. To provide reasonable reserves for public improvements as may be fixed by law.
"17. For school lunch purposes, upon property located outside of in dependent school systems as provided in Article VIII (section 2-6401 et seq.) of the Constitution of Georgia, as amended, to provide for payment of costs and expenses incurred in the purchases, replacement and maintenance of school lunchroom equipment, purchase of school lunchroom supplies, trans portation, storage and preparation of foods, and all other costs and expenses incurred in the operation of school lunch programs, but excluding purchase of foods."
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Section 2. Said Code Chapter is further amended by repealing Code Section 92-3702, relating to taxes for current expenses and accumulated debts, as amend ed, in its entirety.
Section 3. Said Code Chapter is further amended by repealing Code Sec tion 92-3703, which defines "current expenses", in its entirety.
Section 4. Said Code Chapter is further amended by repealing Code Sec tion 92-3704, which defines "accumulated debts", in its entirety.
Section 5. Said Code Chapter is further amended by repealing Code Sec tion 92-3705, relating to the payment of accumulated debts, in its entirety.
Section 6. Said Code Chapter is further amended by repealing Code Sec tion 92-3706, relating to taxes for county purposes, as amended, in its entirety.
Section 7. Said Code Chapter is further amended by repealing Code Sec tion 92-3707, which defines "county purposes", in its entirety.
Section 8. Said Code Chapter is further amended by striking Code Section 92-3708, relating to specific purposes for which taxes must be levied and collected, in its entirety and inserting in lieu thereof a new Code Section to be designated Code Section 92-3702 to read as follows:
"92-3702. Governing authority shall specify purposes for which taxes are collected.--The governing authority of each county shall specify the taxes which shall be levied and collected for each purpose enumerated in Code Section 92-3701 and such taxes shall be used exclusively for the purpose specified and no other."
Section 9. Said Code Chapter is further amended by repealing Code Section 92-3709, relating to the duties of the ordinary, in its entirety.
Section 10. Said Code Chapter is further amended by repealing Code Sec tion 92-3710, relating to the failure of the grand jury to recommend sufficient taxes, as amended, in its entirety.
Section 11. Said Code Chapter is further amended by repealing Code Section 92-3711, relating to the recommendation of any one of several jury panels to authorize an additional tax levy, as amended, in its entirety.
Section 12. Said Code Chapter is further amended by striking Code Section 92-3712, relating to the right of creditors to compel and taxpayers to resist tax, in its entirety and inserting in lieu thereof a new Code Section to be designated Code Section 92-3703 to read as follows:
"92-3703. Right of creditors to compel and taxpayers to resist tax.--If the governing authority of any county shall fail to levy a tax sufficient to pay the indebtedness of the county or if the governing authority of any county shall levy an exorbitant or unnecessary tax, their conduct may be reviewed by the judge of the superior court of said county, by mandamus or injunction as the nature of the case may require, at the instance of any creditor or taxpayer of the county."
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Section 13. Said Code Chapter is further amended by repealing Code Sec tion 92-3713, relating to extra tax for county building, in its entirety.
Section 14. Said Code Chapter is further amended by repealing Code Sec tion 92-3714, relating to the failure of the ordinary to levy an extra tax, in its entirety.
Section 15. Said Code Chapter is further amended by repealing Code Sec tion 92-3715, relating to the tax for the support of paupers, as amended, in its entirety.
Section 16. Said Code Chapter is further amended by repealing Code Sec tion 92-3716, relating to extra or special taxes, in its entirety.
Section 17. An Act authorizing the counties of this State to levy and collect a tax for the purpose of paying county agricultural and home demonstration agents, approved December 24, 1937 (Ga. Laws 1937-38, p. 144), is hereby repealed in its entirety.
Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.
REPORT OF SENATE --HOUSE JOINT COMMITTEE ON
SCHOOL BUS TRANSPORTATION
December 31, 1964
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA AND OTHER INTERESTED PERSONS
REPORT OF THE COMMITTEE CREATED TO MAKE AN INVESTIGATION INTO SCHOOL BUS TRANSPORTATION IN GEORGIA
Resolution Act No. 208, Approved March 11, 1964 (Ga. Laws 1964, p. 404)
THE COMMITTEE
Honorable Talmadge B. Echols Representative, Upson County Chairman
Honorable Ford B. Spinks Senator, 9th District Secretary
Honorable Jack Etheridge Representative, Fulton County Member
Honorable Culver Kidd Senator, 25th District Member
Honorable Fred H. Walker Representative, Lowndes County Member
Honorable Robert A. Rowan Senator, 8th District Member
December 16, 1964
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ACKNOWLEDGEMENTS
The Committee created to make an investigation into school bus transporta tion in Georgia wishes to express its appreciation for the cooperation it received during its period of operation. The Committee cannot possibly list all of the many individuals who contributed to the investigation and study of the Committee.
The Committee does hereby express its appreciation to the particularly valu able assistance rendered by the following officials of the State of Georgia:
Dr Claude L. Purcell State Superintendent of Schools
Honorable Joe T. DeFoor Assistant Administrative Director Division of Administrative Services State Department of Education
Honorable Eodman Porter Staff Secretary Governor's Commission for Efficiency and Improvement in Government
Honorable John W. Bearden Director, Motor Fuel Tax Unit and Gasoline Tax Refund Unit State Department of Revenue
The Committee is greatly indebted to the Governor's Commission for Ef ficiency and Improvement in Government for counsenting to the use by the Com mittee as consultant, their Staff Secretary.
In the course of their study and investigation, sub-committees of the Com mittee visited other states. In each state visited, the sub-committee was extended every assistance and the administration of school bus transportation was ex plained in detail. Many officials and individuals contributed to the success of the subcommittees. The Committee on behalf of these subcommittees wishes to ex press their heartfelt appreciation to the following:
Honorable Charles M. Cooper, Director and Secretary, Legislative Council of the State of Alabama.
Honorable J. Pope Baird, Director of School Bus Transportation, Department of Education of the State of Florida.
Honorable C. C. Brown, Director of Transportation, Board of Education of the State of North Carolina.
Honorable Ralph M. Hendrick, Supervisor of Transportation, State Educational Finance Commission; Dr. Eugene R. Crow, Director, State Educational Finance Commission; and Honorable Lewie G. Merritt,
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Director and Code Commissioner, Legislative Council of the General Assembly and Committee on Statutory Laws of the State of South Carolina.
Honorable T. Wesley Pickel, Assistant Commissioner, Special Services, State Department of Education of the State of Tennessee.
Honorable R. L. Wimbish, Supervisor of Pupil Transportation, Board of Education of the Commonwealth of Virginia.
The Committee wishes to express its appreciation to the staff of the Office of Legislative Counsel for its most able and valuable assistance.
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OP REPRESENTATIVES, MEMBERS OP THE GENERAL ASSEMBLY OP GEORGIA AND OTHER INTERESTED PERSONS
REPORT OP THE COMMITTEE CREATED TO MAKE AN INVESTIGATION INTO SCHOOL BUS TRANSPORTATION IN GEORGIA
Resolution Act No. 208, Approved March 11, 1964
(Ga. Laws 1964, p. 404)
INTRODUCTION:
At the 1964 Regular Session of the General Assembly of Georgia, a joint Resolution was adopted creating a joint interim legislative committee to make a thorough and intensive investigation into school bus transportation in Georgia. This resolution was approved by the Governor on March 11, 1964. It is num bered Resolution Act No. 208 and can be found in the 1964 Georgia Laws, page 404.
The Committee was authorized to determine if the needs of Georgia school children relative to school bus transportation were being furnished in the most efficient and economical way possible, consistent with the welfare and safety of the students being transported. The Committee was authorized and directed to consider improved methods of administration of school bus transportation and to study school bus transportation systems presently in use in other states and jurisdictions.
The resolution provided that the Committee would be composed of six (6) members; three of whom would be members of the Senate appointed by the President of the Senate and three of whom would be members of the House of Representatives appointed by the Speaker of the House of Representatives.
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The President of the Senate (Lieutenant Governor) appointed the following members:
Honorable Culver Kidd Senator, 25th District
Honorable Robert A. Rowan Senator, 8th District
Honorable Ford B. Spinks Senator, 9th District
The Speaker of the House of Representatives appointed the following mem bers:
Honorable Talmadge B. Echols Representative, Upson County
Honorable Jack Etheridge Representative, Fulton County
Honorable Fred H. Walker Representative, Lowndes County
An organizational meeting of said Committee was held on September 18, 1964, at the State Capitol. At the organizational meeting of the Committee, Honorable Talmage B. Echols, Representative, Upson County, was elected Chairman, and Honorable Ford B. Spinks, Senator, 9th District, was elected Secretary.
EXTENT OF STUDY AND FINDINGS:
The Committee first familiarized itself with the resolution creating the Committee. The Committee determined that the purpose of the resolution was to authorize the Committee to make a through and intensive investigation into school bus transportation in Georgia. The purpose of said investigation was to determine if the needs of Georgia school children for school bus transportation are being furnished in the most efficient and economical way possible, consistent with the welfare and safety of the students being transported. The Committee was also authorized and directed, to consider improved methods of school bus transportation systems presently in use in other states and jurisdictions.
The Committee determined that the Office of Legislative Counsel was au thorized to provide the Committee with such assistance as may be required by it and that the State Board of Education was authorized and directed to co operate fully with the Committee and to furnish it with all information available relative to school bus transportation. The Committee further determined that it was authorized to employ persons necessary to carry out the provisions of the resolution and to expend funds for securing of information and data from other sources.
Pursuant to the provisions of the resolution, the Chairman was requested to seek assistance from the State Department of Education, the Governor's Com mission for Efficiency and Improvement in Government and the Office of Legis lative Counsel. Pursuant to said request, Honorable Claude Purcell, State Super intendent of Schools, and Honorable Joe T. DeFoor, Assistant Administrative
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Director, Division of Administrative Services, State Department of Education, agreed to assist the Committee in every way possible; Honorable Rodman Porter, Staff Secretary of the Governor's Commission for Efficiency and Improvement in Government, was made available by the Commission as a consultant to the Committee; and Frank H. Edwards, Legislative Counsel, readily made the facili ties of his office available and assigned a Deputy Legislative Counsel to the Committee.
The Committee then directed its attention to ascertaining the laws of the State of Georgia and rules and regulations adopted pursuant to such laws rela tive to school bus transportation. The Committee ascertained that the primary responsibility of enforcing the laws of the State of Georgia relating to school bus transportation was vested in the State Board of Education under the admin istration of the State Superintendent of Schools and that the responsibility of administering the laws relative to school bus transportation had been delegated to Honorable Joe T. DePoor, Administrative Director, Division of Administrative Services, State Department of Education.
The Committee found that State funds for school bus transportation were made available pursuant to the provisions of the "Minimum Foundation of Edu cation Act" approved January 24, 1964 (Ga. Laws 1964, p. 3).
COMMITTEE FINDINGS AND RECOMMENDATIONS:
(a) UNIFORM PURCHASING:
The Committee has inquired into the methods of purchasing school bus trans portation equipment, including the buses themselves in this State. This inquiry has also encompassed the various methods of purchase of fuel, tires and other necessary supplies and parts. This Committee has into inquired into the tech niques and methods of purchase employed in other states, such as South Caro lina, North Carolina, Virginia, Tennessee, Alabama and Florida.
The Committee has determined, as a result of its inquiry, that Georgia does not have an effective, economical, nor a uniform system of purchase of the above stated items. The absence of such a system also makes manifest anabsence of uniform specifications for these items. The Committee, therefore, recommends that the State Board of Education; local school systems, and all appropriate officials of the State immediately implement new and more efficient methods of mass purchasing under term or other type contracts subject to bids and rigid uniform specifications.
The lack of a uniform purchasing program in the State of Georgia is costly to the taxpayer of the State. The investigation by the Committee reveals that other states which have instituted a program of centralized mass purchase of school buses, there have been savings of from $300 to $500 per unit over the former system of local purchasing. The various school systems of the State purchase annually approximately 450 to 500 vehicles. It can be readily seen that savings through a mass purchasing plan could result in the continuous saving of many thousand of dollars to Georgia taxpayers each year. The cen tralized mass purchasing plan would afford more adequate control of the stand ards of safety in school bus transportation in Georgia.
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Another example of savings effected by sister states is in the purchase of gasoline. We find that they are buying gasoline at prices from 11 cents per gallon to 13 cents per gallon depending upon the octane rating, exclusive of State tax.
The Committee is informed that in some local systems of the State they are already buying gasoline in bulk quantities at prices comparable to that mentioned as cost in other States.
Still another advantage to be gained from uniform mass purchasing would be to limit the sizes of school buses into a few types so as to get larger purchases for fewer designs; this would in turn standardize replacement parts and equip ment and simplify training of mechanics and other maintenance personnel.
In order that an effective system of mass purchasing of school bus equip ment and supplies can be placed into operation, it is the opinion of this Com mittee that Section 46 of Act 523 (S.B. 180) should be amended to eliminate the following words:
"that no guarantee is made that any purchase will be made from the successful bidder as a result of such bidding".
The Committee, after having studied several other states' methods of mass purchasing, feels that it will be necessary to have the county boards of educa tion commit themselves to purchase whatever bus needs they have from the suc cessful bidder at the declared successful price, otherwise, it will be impossible to get the lowest and best bid from a manufacturer without a guarantee of a minimum number of units to be purchased.
We find that tires and tubes can now be had at State contract prices.
Under regulation of the Department of Education, the respective systems are allow bus replacement funds based on the cost of bus chassis amortized over a five-year period and bus bodies amortized over a ten-year period. These funds are distributed to the various systems in ten equal payments each year. The local system is required by the Department to expend these funds within three year from their receipt for the purchase of new buses.
As one step toward the consistent and uniform purchase of the bus trans portation equipment, the Committee suggests that these funds continue to be allotted to the respective systems on the basis provided by the Department, but that same be held to the credit of the respective systems as other State funds are held in escrow and that the local systems be permitted to buy school buses out of these funds as the need arises and as funds accrue to their credit. Periodi cally, the local systems should be provided with a statement of their balance in these escrowed funds.
There are several advantages in this method of purchasing buses which might be listed:
(1) The funds held and not in use could be placed at interest and thereby earning a considerable amount of interest on otherwise idle funds;
(2) The Department could be assured that buses meeting specifications and
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safety standards promulgated by the Department would be delivered under each order; and
(3) The Department will know new and approved buses are being bought by the various systems as present regulation provides.
(b) DRIVER TRAINING AND QUALIFICATIONS:
The Committee finds no planned program of pre-training or on-the-job train ing of school bus drivers in our State.
The Committee recommends that before the employment of any school bus driver, he or she should be adequately trained and tested and subsequently at tend periodic courses on school bus first-line maintenance and safety techniques. Such courses should serve as refresher studies on Georgia traffic laws and in general this course should serve to renew every bus driver's concern about traffic safety and refresh his knowledge of driving techniques.
The Committee recommends that consideration be given to providing this training and testing in the Area Vocational Training Schools. The Committee further suggests that these schools be conducted jointly by the State Board of Education, the State Patrol, and perhaps the local officials, as well as appro priate agencies of the University of Georgia Institute of Law and Government.
All school bus drivers should be required by the State Board of Education to have a certificate of performance of graduation from a recognized driver training school or vocational-technical school as prescribed by the State Depart ment of Education as authorized by an Act known as the "Minimum Foundation Program of Education Act' approved February 24, 1964, (Ga. Laws 1964, p. 3).
The Committee realizes that additional personnel will have to be provided in the Division of Administration of the Department of Education for the imple mentation of this important mission.
The Committee finds no evidence of a uniform manual in the code of instruc tions for school bus drivers in Georgia. We find that in our sister states, very comprehensive manuals are given to each driver and upon each driver is placed the responsibility of following the manual.
It is, therefore, recommended that the Department of Education proceed immediately to make arrangements for the preparation of and distribution to every school bus driver in Georgia, as well as each school superintendent, an appropriate manual setting forth the traffic laws of this State relative to the use of school buses, as well as other subject matter which might be appropriate for such instruction manual.
(c) SAFETY:
The Committee notes and wishes to commend the Department of Education for its initiative in promulgating specifications, procedures, etc. for implement ing a better and safer school bus transportation system. We make the following recommendations in regard to safety as an aid in furthering its objectives:
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The Committee feels that in view of the potential hazard to passengers of school buses, it is extremely important that two safety inspections be made each year. These inspections should be conducted in accordance with the "Motor Vehicles Inspection Law" at inspection stations established in accordance with the Law during the period July 1st to September 1st and December 1st to Janu ary 15th and as frequently as practicable by the staff of the Department of Education. It is noted that in Section 18, Subsection (b) of S.B. 180, the State Board of Education was authorized to establish minimum standards and require ments respecting maintenance, repair and inspection of school buses. This Com mittee feels that the Department of Education should require strict and immedi ate compliance with all standards which it has or might hereafter establish, de ferring the payment of any funds for school bus transportation, on a pro rata basis, where compliance is not made. We feel that the twice yearly inspection as suggested above could be in lieu of the present annual inspection of school buses by the Department of Public Safety.
(d) MAINTENANCE:
The Committee finds that in the State of Georgia, we have no uniform and consistent program for the maintenance of school buses and equipment. We find in some other states that the state or the local systems provide uniform shops adequately equipped to repair and maintain school bus equipment and that gen erally this promotes much more adequate and efficient inspection procedures leading to safer operation of buses, as well as promoting economy. Other states consulted have demonstrated through experience that a maintenance shop is justified and indeed necessary in any system with more than twenty buses. The savings to the local system and the establishment of such maintenance shops in other states as opposed to the continuation of private contract maintenance arrangements, do justify the initial capital expense of the construction and supplying of a maintenance shop. The estimated cost of a standard three bay maintenance shop fully equipped in North Carolina, for example, is $25,000.00. Additional advantages, of course, arise from centrally maintained shops such as central underground gas tanks, central parking areas, and central storing for supplies.
The Committee recommends that the Department of Education promulgate plans and specifications for standardized shops, such as mentioned above, and encourage the erection thereof in the respective counties or areas which lend themselves economically to such use.
(e) REPORTING OF ACCIDENTS:
We feel that all physical contact accidents in which a school bus is involved should be reported without regard to dollars amount damages.
An improvement has been made in the report of accidents in recent months.
Since July 1, 1964, the Department of Education has been getting current accident reports in which school buses were involved from local superintendents in addition to the regular copies of such accident reports from the Department of Public Safety. The reports for the first four months (September through December, 1964) have been tabulated. This tabulation shows a total of 105 acci dents, of which 58 were reported to the Department of Public Safety. If this
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trend continues for the balance of the current school year, the ultimate total for the year will be 236 accidents of which only 130 will be required to be reported to the Department of Public Safety.
This tabulation and projection would indicate that there have been 44.8% more accidents than have been reported to the Department of Public Safety in the past. Such tabulation and projection will enable a more complete statistical report of the safety record of the school bus program in Georgia. It would also make possible a more valid comparison of the statistical reports of other states.
(f) INSURANCE:
The Committee recommends that a self-insurance program be set up by the State Department of Education to cover liability and property damage resulting from accident or collision in which school buses are involved. This plan would protect the school children and drivers riding school buses to and from school. The Committee feels that a contribution into the fund equal to the present $30 per bus allowed by the State Department of Education would be sufficient to establish the fund and in a few years, this amount could be substantially reduced without endangering the solvency of the fund. This would naturally eventually result in substantial savings in the school bus insurance program in the State of Georgia. The Committee learned that in the State of Alabama, this annual contribution per bus has been reduced over a period of years to the present figure of $5 per bus and this sum has proved to be ample.
In view of the fact that State law prohibits the use of school buses for extracurricular purposes, the Committee suggests that the Department of Edu cation inform the superintendents of the respective local systems as to the limi tations of their insurance coverage.
Although the Committee prefers a self-insurance program, the Committee also finds that there is no proper supervision in the Department of Education over the insurance carried on school buses and school bus passengers. Unless and until a self-insurance program is put into effect, we recommend that the State Board of Education take immediate steps to require continuing certification by the local boards that, as a minimum, buses under the Board supervision are insured as required by law and Department regulations to protect authorized passengers and the public.
(g) PUBLIC OWNERSHIP:
The Committee finds in Georgia that there are three types of ownership of school buses: (1) public ownership, the local boards; (2) private ownership, the contract carriers; and (3) joint ownership, in which case the contract carrier owns the chasis, and the local system owns the body.
Having found from the experience of other states and from the study of the present situation in this State, that joint and private ownership is not eco nomical as compared to public ownership, we urge the local systems to proceed as promptly as possible to obtain title to all school buses within their system. The Committee further feels that even if it is necessary to negotiate with the present owners to buy their buses, that this would be in the best interest of the system.
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(h) DRIVING PERSONNEL:
The Committee has investigated the system of employing school bus drivers in several of our neighboring sister states. We find according to figures of the Department of Health, Education and Welfare, that North Carolina has the lowest per capita cost of the fifty states in transporting students to public schools. South Carolina rates next in this per capita cost.
One of the contributing factors to the low cost in the aforementioned states is the wide utilization of qualified and available student drivers. North Carolina uses 92% student drivers. South Carolina uses 95% student drivers. In the above states, all accidents are reported in which school buses are involved with out regard to dollar damage. The officials in both of the above states tells us there is no noticeable difference in the accident rate of boy student drivers, girl student drivers, or adult drivers.
Cornell Aeronautical Laboratory, Inc. of Cornell University, Buffalo, New York, has conducted an investigation of school bus accidents in North Carolina which has been documented under their Report No. VJ-1823-R-6, June, 1964. This investigation was supported by funds from the U. S. Public Health Service, Bureau of State Services, and the Automobile Manufacturers Association, Inc. Quoted below is the paragraph giving the key findings of the above mentioned investigation of 898 school bus accidents during the school year 1962-63.
"The most basic question is, of course, 'What is the accident rate of the young drivers as compared to the older ones?' Records available to ACIR cover ing the 1962-1963 school year covered 7825 student drivers who drove their buses 54,172,773 miles (almost all of which was on the normal route to and from school). During this time, they experienced 130 accidents severe enough to pro duce injury or death. This amounts to a rate of 2.4 injury or fatal accidents per million vehicle miles. In addition, there were records of 754 older drivers who covered 5,837,668 miles and had 12 injury accidents for a rate of 2.1. These two rates do not differ to a degree that is statistically significant."
Florida has achieved 42nd place in the per capita cost comparison using adult drivers through the expanded use of the buses. By staggering school hours, the bus and the driver are being more fully utilized and substantial savings resulted.
The Committee finds in states in which studies were made and student drivers used, that the scale of pay was $30 to $35 a month for twenty school days. This pay is limited to the nine-month school year resulting in a total cost of $270 to $315 per year per driver.
Also, we were impressed by the information given us by officials in other states as to the side benefits of employing student drivers. In many cases, stu dents from needy families are given these jobs and this pay serves as a sort of scholarship for a deserving student to continue in high school which in some instances prevents dropouts for economic reasons. Also, this program is very effective in developing leadership qualities in the youth who qualify as drivers. In order, further, to make driving of school buses attractive to students, the local people give safe driving awards, have banquets for school bus drivers, and give passes to athletic events and local movie houses, etc.
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The Committee was impressed with responses from directors of transporta tion in Virginia, North Carolina and South Carolina as to discipline achieved by student drivers. Each of these directors indicated that insofar as the use of student drivers was concerned, there did not exist any peculiar problem in refer ence to discipline. Each of these persons stated that student drivers maintain as good or perhaps better discipline than they had observed being maintained by adults. The Florida officials that the Committee talked to felt that the use of student drivers was not applicable to the transportation system in Florida. The Florida school system is now made up of more than 50% women drivers and is continuing to change toward more women drivers. This is due mainly to the fact that school bus driving was a part-time job and they could more readily obtain qualified women drivers.
We find that under existing school laws in Georgia, student drivers are permitted and some systems are presently employing student drivers and women drivers.
The Committee finds that in the State of Florida, for example, they are doing an excellent job of transporting students in the public schools at a very economical cost. They accomplish this by using competent drivers, both men and women, and staggering the hours of their schools so that each driver can make several trips, therefore utilizing to the fullest the equipment and the time of the driver.
While the Committee feels that there can be no hard and fast rule or regu lation that adult drivers or student drivers shall be used exclusively, we do see definite advantages economically as practiced by some of our sister states' utilization of properly trained and qualified students drivers.
The Committee urges that each local school system continue to be paid on the adult driver salary basis and any saving that will come about through the use of students must be used by that particular school system for other educa tional purposes. This, we know, will necessitate an amendment to our present law (S.B. 180).
Any change by any local system to a student driver program should be implemented gradually so as not to interfere with the continued employment of adult drivers presently employed, except as they drop out through natural attri tion.
(i) FUEL TAX REBATE:
The Committee recommends that legislation be enacted by the General As sembly to rebate the tax on gasoline used in school buses and other vehicles that are used in support of the school bus transportation system in the State of Georgia. This legislation, because of the Fuel Tax Law as it now exists in the State of Georgia, should be on the basis of refunds to the 159 county school systems in the State of Georgia and can be made on a quarterly refund basis. This refund would be available only to those county school systems which pur chase in bulk quantities of 500 gallons or more per delivery and the refund would apply only to gasoline used in buses and allied maintenance vehicles owned by the county school boards.
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Attached hereto is Exhibit "A" prepared by the Division of Administration of the Department of Education indicating the potential saving to the local school systems in the respective counties if gasoline can be bought exempt from States taxes.
(j) POTENTIAL SAVINGS:
The Committee is aware that the potential savings is not the most important part of transporting students; however, we do find areas that present oppor tunities for saving many tax dollars.
The Committee suggests that immediate steps be taken to implement pro cedures and routes to achieve more complete utilization of buses and drivers without regard to county lines. It is readily apparent that the maximum optimum saving in the field of school bus transportation can only be achieved though a policy that will permit a child to attend and be transported to a school nearest his home.
The Committee conducted no study of school bus "dead-heading" during school hours in violation of Board regulations; however, we would observe that violation of this rule appears widespread.
We cite some comparison with costs in South Carolina. Theirs is not the lowest cost, but that state does pay the entire cost and certain other conditions are more nearly similar to ours.
Quoting from the latest figures available to us from the Department of Health, Education and Welfare, South Carolina had a total cost of $17.51 per student per year in 1962-63. Prom the same year and quoting from the same source, Georgia had cost of $33.43. This would indicate a potential saving in the overall operation of $15.92 per student per year. This source would indicate total potential savings of 437,663 (students eligible for aid in 1962-63) times $15.92 or $6,967,594.96. Since 1962-63, some savings have been effected, but the relative potential savings will have changed little.
Looking at it another way and using figures furnished by the respective Departmens of Education in South Carolina and Georgia for the year 1962-63, Georgia had overall average operating cost of 30.3^ per bus mile. Comparable South Carolina figure is 16.2^. The excess cost in Georgia of 14.1# times total Georgia school bus mileage of 51,220,837 totals $5,378,218. Therefore, it would seem that savings of approximately $6 million are possible.
(k) LEGISLATION:
In order to implement the Committee recommendations, the Committee finds that it will be necessary to prepare the following bills for enactment by the General Assembly:
(1) Eliminate contract ownership of school buses;
(2) Provide for rebates of State motor fuel tax to county systems for gasoline used in publicly owned school buses and related service units;
INTERIM COMMITTEE REPORTS
2723
(3) To provide for alternate method of licensing school bus drivers;
(4) Amend Act No. 523 (S.B. 180) to require purchases under a mass pur chasing system if the school system enters into a State voluntary centralized
purchasing program.
(1) GENERAL COMMENTS AND SUMMARY:
We find that the State of North Carolina has pioneered many common sense and revolutionary aspects of the essential function of transporting students to public schools. Their present system had its genesis about thirty years ago. It has grown more proficient with the years. There has been and there is now no public demand to go back to the old ways of contract carriers, independent buying by local systems, etc. Quite to the contrary, we find general public ap proval and praise for the efficient, adequate and well-ordered system they have developed.
We attach hereto as Exhibit "B" a statement made by Mr. C. C. Brown, Director of Transportation, State Board of Education in the State of North Carolina. We feel that this is a fair statement of the experience of North Caro lina in the area of pupil transportation and this information should be of great interest to members of the General Assembly and to other interested persons.
The State of South Carolina, beginning in 1952, completely overhauled its system of student transportation patterning in many respects the methods of North Carolina. South Carolina went one step further in that the state assumed complete responsibility and liability for this function. The local systems only keep certain records, employ and supervise drivers and are responsible for dis cipline of students. In South Carolina also there is only approbation for its proficient system.
The State of Florida has developed a somewhat less efficient system of transportation for students by staggering school hours, utilizing adult men and women drivers and their vehicles for multiple trips. The utilization of a similar system in Georgia would depend almost entirely upon the practicability or willing ness to stagger school hours.
Your Committee finds that in most counts, the Georgia system of student transportation is completely outdated. There is general lack of planning, coordi nation of driver training and safety precautions in general. This is an essential function of the State in which business-like and economic modernization could result in a bonanza for the Georgia taxpayers and a source of pride, safety and training for our students and general approbation by parents and the public.
If and when the General Assembly decides it is in the public interest to reduce from 1% miles to say 1 mile the limitation from school for eligibility to ride school buses, then and in that event a portion of the savings suggested in this report could be utilized to transport these additional students, without regard to city limit lines.
In conclusion, we would point out some of the more obvious contributing factors to the higher cost of this student transportation service in Georgia. They are as follows:
2724
JOURNAL OP THE HOUSE,
(1) The structural organization pattern of public school education in Geor gia. There are 197 school administrative units, 159 of which have two trans portation programs each excepting five that have one program each. They trans port from 255 pupils to over 25,000 pupils. Therefore, we have an organizational pattern that constitutes a built-in guarantee that is not conducive to efficient and economical operation. This can be said of any phase of school administration. Georgia has as many as three or four times as many such units as some of our neighboring states.
(2) Organization of attendance areas. We have no standards for attendance areas. Little schools losing population rather frequently enlarge their attendance areas to increase their enrollments. Growing systems frequently transport pupils across attendance area lines even to the extent of transporting pupils who reside within a reasonable walking distance to their community schools.
(3) Influence of certain Acts of the General Assembly.
(a) Legislated salaries of bus drivers. This has not been done for teachers.
(b) Legislated State taxes on gasoline and other consumable supplies used by school buses. To illustrate, witness the 6%# State tax on gasoline. Over $600,000 can be saved at the local level with the removal of the per gallon State tax.
(c) Legalized the contract type of ownership of buses. (Acts 1947, pp. 14-61 and 1462) . A total of 650 contract buses were operated in 1963-64.
(4) Buses older than the depreciation age. In the school year (1963-64) 2736 chassis more than five years of age and 919 bodies more than 10 years of age were operated. Such equipment is more expensive to operate and in many cases, poses safety hazards to students and the public generally. The moneys presently appropriated to the respective school systems should be channeled into the purchase of new, modern and safe school buses as contemplated by the law and regulation of the Department.
(5) Small staff at the State level. The Georgia State level staff consists of one director, two area consultants and a secretary. Act 523 requires the State Board of Education to allocate drivers. Doing the necessary survey to ascertain the number of buses and annual miles along with expanded service needed in the areas of State Purchasing, an adequate safety program, training of drivers, establishing standard cost allowances, adjustment surveys, etc., will require a staff commensurate with the responsibilities.
INTERIM COMMITTEE REPORTS
2725
APPENDIX
STATE DEPARTMENT OF EDUCATION
State Office Building Atlanta 3, Georgia
April 9, 1964
TO: Superintendents of County School Systems PROM: Joe T. DeFoor RE: Exempting State Tax on Gasoline Used by School Buses
Much has been said about costs of school bus transportation. Rather infre quently does anyone show why or what is in the costs or who is responsible for some of the costs.
Attached is a table showing the estimated costs to county system boards of education because of the 6% cents State tax on gasoline used in school buses. You will observe that if this tax were removed your county would benefit by a very creditable amount. Take a look at the table. I think you will agree with me.
Every time Georgia's transportation cost is compared with other states' costs it is always with states that exempt transportation. No one ever mentions this fact.
I wish you would join me in getting this tax removed from gasoline used by school buses. You know it inflates Georgia's costs. The only one to profit from it is the Revenue Department. It makes them look good and school transportation look bad.
If you will help me I wish you would show this table to your Representatives and Senators.
JTD:hc
Att.
System
Appling Atkinson Bacon Baker Baldwin
GEORGIA PUBLIC SCHOOLS
Pupil Transportation 1962-63
Annual Mileage
Gasoline (approx. gallors)
422,640 249,840 239,724 254,160 245,820
76,843 45,425 43,580 46,210 44,694
Amount Tax @ 6%^ Per Gallon
$ 4,994.80 2,952.63 2,833.09 3,003.65 2,905.11
2726
System
Banks Barrow Bartow Ben Hill Berrien
Bibb Bleckley Brantley Brooks Bryan
Bullcch Burke Butts Calhoun Camden
Candler Carroll Catoosa Charlton Chatham
Chattahoochee Chattooga Cherokee Clarke Clay
Clayton Clinch Cobb Coffee Colquitt
Columbia Cook Coweta Crawford Crisp
Dade Dawson Decatur DeKalb Dodge
Dooly Dougherty Douglas Early Echols
JOURNAL OF THE HOUSE,
Annual Mileage
193,644 236,160 703,944 232,920 358,560
481,548 193,500 216,540 442,080 150,588
663,440 560,330 184,500 253,620 270,612
221,832 615,348 250,560 142,180 715,004
29,880 236,880 333,468 239,164 144,720
424,373 179,712 1,555,884 509,220 587,520
290,376 264,240 507,780 197,388 271,716
127,224 92,700 492,840 1,149,024 520,820
404,640 518,760 239,292 420,696
77,256
Gasoline (approx. gallons)
35,207 42,938 127,989 42,349 65,192
87,554 35,181 39,370 80,378 27,379
120,625 101,878
33,545 46,112 49,202
40,333 111,881 45,556
25,850 130,000
5,432 43,069 60,630 43,484 26,312
77,158 32,674 282,887 92,585 106,821
52,795 48,043 92,323 35,888 49,402
23,131 16,854 89,607 208,913 94,694
73,570 94,319 43,507 76,490 14,046
Amount Tax @ 6 l/2 <t Per Gallon
2,288.46 2,790.97 8,319.29 2,752.69 4,237.48
5,691.01 2,286.77 2,559.05 5,224.57 1,779.64
7,840.63 6,622.07 2,180.43 2,997.28 3,198.13
2,621.65 7,272.27 2,961.14 1,680.25 8,450.00
353.08 2,799.48 3,940.95 2,826.46 1,710.28
5,015.27 2,123.81 18,387.65 6,018,02 6,943.36
3,431.68 3,122.80 6,001.00 2,332.72 3,211.13
$ 1,503.52 1,095.51 5,824.46 13,579.35 6,155.11
4,782.05 6,130.74 2,827.96 4,971.85
912.99
System
Effingham Elbert Emanuel Evans Fannin
Fayette Floyd Forsyth Franklin Fulton
Gilmer Glascock Glynn Gordon Grady
Greene Gwinnett Habersham Hall Hancock
Haralson Harris Hart Heard Henry
Houston Irwin Jackson Jasper Jeff Davis
Jefferson Jenkins Johnson Jones Lamar
Lanier Laurens Lee Liberty Lincoln
Long Lowndes Lumpkin Macon Madison
INTERIM COMMITTEE REPORTS
2727
Annual Mileage
324,440 391,320 485,136 160,820 255,240
186,884 440,405 267,516 336,420 786,636
Gasoline (approx. gallons)
58,989 71,149 88,206 29,239 46,407
33,978 80,073 48,639 61,167 143,024
Amount Tax @ 6%(* Per Gallon
3,834.29 4,624.69 5,733.39 1,900.54 3,016.46
2,208.57 5,204.75 3,161.54 3,975.86 9,296.56
222,120 104,408 257,004 359,388 365,400
273,960 775,548 242,172 435,248 321,400
40,385 18,983 46,727 65,343 66,436
49,810 141,008
44,031 79,135 58,436
2,625.03 1,233.90 3,037.26 4,247.30 4,318.34
3,237.65 9,165.52 2,862.02 5,143.78 3,798.34
227,484 370,476 276,984 209,052 391,572
455,381 317,412 455,640 213,120 296,640
41,360 67,359 50,360 38,009 71,194
82,796 57,711 82,843 38,749 53,934
2,688.40 4,378.34 3,273.40 2,470.59 4,627.61
5,381.74 3,751.22 5,384.80 2,518.69 3,505.71
473,458 261,900 277,200 301,140 194,580
116,352 590,544 261,000 251,054 181,080
86,083 47,618 50,399 54,752 35,378
21,154 107,371
47,454 45,646 32,923
5,595.40 3,095.17 3,275.94 3,558.88 2,299.57
$ 1,375.01 6,979.12 3,084.51 2,966.99 2,140.00
126,600 470,736 152,304 305,388 362,160
23,018 85,588 27,706 55,525 65,847
1,496.17 5,563.22 1,800.89 3,609.13 4,280.55
2728
System
Marion McDuffie Mclntosh Meriwether Miller
Mitchell Monroe Montgomery Morgan Murray
Muscogee Newton Oconee Oglethorpe Paulding
Peach Pickens Pierce Pike Polk
Pulaski Putnam Quitman Eabun Randolph
Richmond Rockdale Schley Screven Seminole
Spalding Stephens Stewart Sumter Talbot
Taliaferro Tattnall Taylor Telfair Terrell
Thomas Tift Toombs Towns Treutlen
JOURNAL OP THE HOUSE,
Annual Mileage
224,280 219,456 138,472 417,420 275,040
438,120 203,016 158,400 328,320 203,400
414,390 288,720 187,092 319,810 247,902
171,360 170,784 299,280 213,516 253,080
223,200 190,676 98,220 147,060 258,336
483,355 179,100 106,704 458,568 223,920
274,752 193,500 228,456 460,440 257,940
103,680 429,516 319,320 325,620 340,056
548,640 333,000 283,176 86,256 182,269
Gasoline (approx. gallons)
40,778 39,901 25,176 75,894 50,007
79,658 47,821 28,799 59.694 36,981
75,343 52,494 34,016 58,147 45,073
31,156 31,051 54,414 38,821 46,014
40,581 34,668 17,858 26,738 46,970
87,882 32,563 19,400 83,375 40,712
49,954 35,181 41,537 83,716 46,898
18,850 78,093 58,058 59,203 61,828
99,752 60,545 51,486 15,682 33,139
Amount Tax Per Gallon
2,650.57 2,593.57 1,636.44 4,933.11 3,250.46
5,177.77 3,108.37 1,872.00 3,880.11 2,403.77
4,897.30 3,412.11 2,211.04 3,779.56 2,929.75
2,025.14 2,018.32 3,536.91 2,523.37 2,990.91
2,637.77 2,253.42 1,160.77 1,737.97 3,053.05
5,712.33 2,116.60 1,261.00 5,419.38 2,646.28
3,247.01 2,286.77 2,699.91 5,441.54 3,048.37
1,225.25 5,076.05 3,773.77 3,848.20 4,018.82
6,483.88 3,935.43 3,346.59 1,019.33 2,154.04
INTERIM COMMITTEE REPORTS
2729
Troup Turner Twiggs Union Upson
Walker Walton Ware Warren Washington
Wayne Webster Wheeler White Whitfield
Wilcox Wilkes Wilkinson Worth
TOTAL
507,498 203,328 236,340 162,036 337,320
420,840 377,804
393,120 246,960 544,716
455,040 162,320 201,312 140,508 421,776
293,760 284,472 372,816 587,484
51,162,337
92,272 36,968 42,970 29,461 61,330
76,516 68,655 71,476 44,901 99,039
82,734 29,512 36,602 25,546 76,686
53,410 51,722 67,784 106,815
9,302,159
5,997.68 2,402.92 2,793.05 1,914.97 3,986.45
4,973.54 4,462.58 4,645.94 2,918.57 6,437.54
5,377.71 1,918.28 2,379.13 1,660.49 4,984.59
3,471.65 3,361.93 4,405.96 6,942.98
$604,641.20
SCHOOL BUS DRIVERS
By Mr. C. C. Brown, Director of Transportation
State Board of Education
North Carolina
North Carolina, with high school students holding more than ninety per cent of her some 8,200 school bus driving positions, has made the most extensive use of a system that now finds approximately twenty-three states using some stu dents to drive school buses. Why?
First, schools can be more selective when employing drivers. Few competent adults will take on the responsibility of driving a school bus for $25.00 (base pay in North Carolina) a month. Therefore, when an effort is made to employ adults exclusively, many must be hired who are not qualified. On the other hand, inasmuch as students are anxious to accept such positions, administrators can be highly selective when picking students to drive. Since administrators can, in many cases, select students who live at or near the end of the bus route, the expense practice of back-tracking is made unnecessary. This eliminates thousands of miles of empty bus operation each day.
Opponents of the use of student school bus drivers claim that it is not realis tic to hire teen-age drivers to operate a school bus because their record con sistently show a higher incidence of traffic violations and accidents than most
2730
JOURNAL OF THE HOUSE,
other age groups. When compared as a group, teen-agers admittedly have more than their share of the violations and accidents; however, it can usually be found that a small percentage of the drivers in each age group is responsible for a large number of the violations and accidents. Consequently, we operate on the theory that through well defined selective procedures we can eliminate most of the poor risks among our student applicants. On the other hand, we feel that most of the adult drivers we could employ for three times the amount of $25.00 a month would fall in the lower percentile of their age group as driving risks. Some few counties subsidize the state salary by $60.00 to $80.00 per month in the hope of attracting better personnel for this work. However, there is reason to believe that such subsidies only encourage larger numbers of poorly qualified adults to seek positions as school bus drivers.
The school principal occupies the key position in the selection of student drivers. The alert principal will carefully screen his applicants well in advance of the time they will be selected to attend the training course. A student who has demonstrated the characteristics of a good citizen in his school and com munity can be considered a good bet to become a good school bus driver.
Second, students are familiar with operation. As a passenger for the past nine or ten years on the bus which he will probably be assigned to drive, the student is familiar with many details of the task he will perform. During this period of observation he learns a great deal about driving, care of a school bus, duties of a school bus driver, school bus route and patrons of the route. In many cases, furthermore, he will have the opportunity to serve as a substitute driver or monitor prior to becoming a regular driver. Therefore, when he is selected to drive a school bus, he possesses much of the knowledge that is essential to the safety and efficiency of the operation.
Third, the student driver can be subjected to a more intensive training pro gram. Adults consider driving a school bus a part time job and many are reluc tant to attend training sessions on their own time. Since training classes gen erally are held during regular school hours, students are available for such purposes. Moreover, their presence at weekly and monthly safety meetings and other in-service training activities is assured. It is difficult to schedule these important events for adult drivers.
One of the major arguments against the use of student school bus drivers is based on the contention that the teen-agers have not had sufficient experience to handle a vehicle as large as a school bus. While we recognize that there is no complete substitute for experience, we do feel that an intensive training program can compensate for many of the disadvantages that are inherited when inexperi enced drivers are hired. Therefore, if student drivers are to be employed, the importance of an efficient training program takes an added significance.
In North Carolina, we require all of our school bus driver applicants to take a minimum of twelve hours of classroom instruction and six hours of behindthe-wheel instruction. Many receive 25-30 hours of behind-the-wheel instruction before they are certified. In addition to these requirements, each student has already received a minimum of ten hours of instruction in traffic laws and high way safety (required of all high school students in North Carolina) and many have had the standard course of instruction in driver education (30 hours of classroom and 6 hours of behind-the-wheel).
INTERIM COMMITTEE REPORTS
2731
The responsibility for conducting the huge training program that the use of student drivers requires in North Carolina is shared jointly by the State Board of Education and the Department of Motor Vehicles. Teachers employed by the Department of Motor Vehicles as Field Representatives work in close co operation with the public school officials of each county on a full-time (12 month) basis in an effort to provide each school with adequate drivers and substitute drivers. The County Pupil Transportation Supervisor helps conduct the training sessions and in every case he road tests the applicant before he is certified. He is also a co-signer of the driver's certificate.
If the use of student drivers is to be practiced on a state-wide basis, it is believed that in order to assure uniformity of training, and to avoid excessive costs, the training program should be supervised from the state level. However, if it is neither possible nor practical to operate from the state level, it is con ceivable that a county unit could very efficiently operate such a program utiliz ing the service of one full-time or part-time teacher--depending on the size of the operation. The local school unit could, moreover, operate such a program by integrating it into its driver education program--providing such a program is included in the curriculum and the instructor has sufficient time available to take on additional responsibility. In either case, the instructor should have special training in school bus operation in addition to training in driver education.
Fourth, adequate substitute drivers are available when students are used. Few adults are interested in serving as substitute drivers. Students are willing to accept such an assignment because they know it will enhance their possibili ties of becoming regular drivers. This is convenient to the school principal be cause it saves him from having to search for substitute drivers when emergen cies occur. Knowing that a qualified driver is available to replace him, the regular driver is less prone to become negligent in discharging his duties.
Fifth, student drivers make it possible for school officials to exercise close supervision over the transportation system. Students are under the direct super vision of the principal during the entire school day. In addition, students hold greater respect for the authority of the principal and are more conscientious about carrying out his regulations. Many principals claim that the use of student drivers make their administrative responsibility to the pupil transportation sys tem less complex and time consuming. School buses are parked on the school grounds during the school day.
Of all the elements that are necessary to assure the safe and efficient opera tion of the pupil transportation system utilizing student drivers, close super vision is probably the most important. Supervision of the transportation system is no different from supervision of other activities of the school. The visitor to the classroom, athletic field or assembly can in most cases readily detect how effectively the students of a school are supervised. Such is the case with school bus operation--watch the buses load and unload their passengers, see them dis patched from the school grounds in the afternoon, observe them on their runs, and, you can, with few exceptions, predict with reasonable accuracy the accident experience of a school's fleet of buses. If the principal utilizes fully the advan tage of supervision he has gained in using students to drive his school buses, he can feel reasonably sure his transportation system will function safely and efficiently. However, when he fails to provide the needed supervision, the school transportation system will not be as safe and efficient as it could be.
2732
JOURNAL OF THE HOUSE,
Sixth, highway patrolmen inspect driving habits, cleanliness of bus, condition of route, and mechanical condition of buses. North Carolina's force of 581 highway patrolmen is on the job to guard against unsafe practices in school bus operation and driving performance. Each bus is checked by a highway patrol man every 30 days to determine any faulty mechanical conditions. Buses are subject at all times to a check by a highway patrolman to ascertain cleanliness. A patrolman must, in the company of the principal, drive over each bus route at the beginning of the school year to check for safety hazards. During the school term the patrolman continues to check routes for hazards and will ride with each driver occasionally to observe his driving habits. It is believed that this is a valuable contribution to the safety of the school bus operation, especially when students are used in large numbers.
Seventh, accident records show student drivers to be as safe as adult drivers. A comparison of the accident experience of student and adult drivers over the past decade in North Carolina, according to Department of Motor Vehicles' statistics, gives a slight edge to students. Although the difference is not enough to be considered significant, it does add weight to the theory that students are no worse safety risks than adult drivers.
SUMMARY: Public school officials in North Carolina have found that the use of student drivers has made it possible for them to be more selective in employing drivers, require more intensive driver-training, maintain an adequate number of qualified drivers, exercise closer supervision over the pupil trans portation system and maintain a good safety record at a reasonable cost. The use of student drivers appears to be the most practical solution to the problem of providing drivers to man the giant fleet of school buses required to transport approximately 520,000 students daily to the public schools of North Carolina.
CONCURRING REPORT
INTRODUCTION:
This concurring report is being submitted in no sense in opposition to the Committee's report. On the contrary, its purpose is to express enthusiastic assent to most of what has been discussed therein.
It has been a source of pride to me to be a member of this Committee. Its members have been earnestly concerned with fulfilling the objectives estab lished by the Resolution creating it, Numbered 208. Each one has sought to act constructively and I believe the total effect of the Committee's work and efforts will bear great fruit for all Georgians.
Our Chairman has worked assiduously. Without his ability and unselfish devotion it would have been impossible to have accomplished the organized and I believe effective research in which the Committee has been engaged. I am personally grateful to him for such an example of leadership in a field which is highly complex and sometimes controversial.
The function of a legislative committee is to inquire into the operation of various areas of State government on behalf of the people of this State, and then if appropriate, to propose legislation that might be helpful. Its work should be
INTERIM COMMITTEE REPORTS
2733
well publicized and above all, it seems to me, it should not avoid being critical, if such criticism is constructive and fair. Obviously, there will be those who are subjected to criticism. If the result of such criticism is to accomplish a higher and more efficient degree of performance, then the public interest has been served. This is also true if criticism, in its proper sense, inspires proposals and action for change and revision of the status quo, where such change is needed.
I believe the Committee's work, and its report, has in large measure, ful filled its proper role. It is now important that members of the public, of the General Assembly, and the appropriate agencies of State government, insist that improvements be made, and made promptly.
In attempting to gain a thorough understanding of the subject matter, the members of this Committee have had a great deal of material made available to them. For example, attached hereto is a list of references which I have found informative, Exhibit "I". Considerably more data and other publications have been examined. The members of the Committee have discussed various aspects of this subject with several persons in State government, with present and former school superintendents and with school bus drivers. I have found it particularly helpful to discuss school bus transportation with several superintendents and school board members throughout the State.
A questionnaire has been submitted to the superintendents of schools in each county. At this writing, some 120 of these have been returned. It has been grati fying to receive such a large response. Most of the questionnaires were carefully filled out with comments that have been helpful. This survey is attached, with a compilation of responses of 113, the number obtained at the time this was compiled. Obviously, there was difficulty in summarizing the answers in some cases, but it is hoped that the summary expresses a fair consensus. The summary is attached as Exhibit "II".
Of inestimable value has been the study of methods of other States. The observation of other systems compared to Georgia's has demonstrated some of our marked shortcomings, and their obviously better techniques in the operation of a system of school bus transportation.
At the risk of sounding immodest, I believe it can be said that this Com mittee has done a thorough job in doing its homework before formulating its report.
Finally, by way of introduction to the comments which follow, I must ex press my deep feeling that all areas of state government, including the legisla tive, must be anxiously concerned that greater and greater efficiency be at tained. In this era when to properly perform on behalf of the taxpayers, tre mendous sums must be supplied by the federal government, it is impossible to conscientiously deplore federal intervention on the one hand, while on the other to have patience with wastefulness, or inefficiency, or outdated methods on the other, in the affairs of this State. Thus, it follows that even in the area of school bus transportation, as in the expenditure of highway and welfare funds for example, there will be an ever increasing demand for better performance. And the citizen, as well as the legislator, has the right to ask, nay, demand, efficiency in the expenditure of public funds. A sense of outrage must be aroused in us. Isn't there some measure of truth in the assertion that the very tolera tion of inefficiency and mediocrity produces a complicity among us with those who administer?
2734
JOURNAL OF THE HOUSE,
When school bus transportation costs 16 million dollars per year to operate, we are discussing big business indeed. When this system is operated from edu cational funds the responsibility is even more dramatic. Observers of national educational problems and trends and of public school systems make it clear that education has become a national concern. Indeed, the first chapter of Dr. James B. Conant's book Shaping Educational Policy is entitled "Education Becomes a National Concern." A failure of this State to react to the present need to update every area of educational administration, would constitute gross negligence, or tragic indifference to the realities of our day. A parochial attitude or toleration for mediocrity in handling such big business cannot be excused.
USE OF STUDENT DRIVERS:
The Report has already recommended the use of student bus drivers. Their employment would save this State five or six million dollars a year. Their safety record would equal or excell that of adult drivers. The opportunities afforded these students would greatly encourage many of them to advance their educa tion. Their record of success has been amply demonstrated in other states.
Opposition to their use is of course expected, and for natural and obvious reasons:
(a) A fear that student drivers could not perform as well. This is not sup ported by fact. The reader is referred to Exhibit "B" of the Report for a thoughtful discussion of this from the director of a state system em ploying 95% student drivers.
(b) Suggested difficulties in implementing a program of student driver em ployment and training. Again, such difficulties can and have been over come by other states, and can be in Georgia. This is a spurious argu ment which suggests that our State Department of Education and local Boards have less ability to activate new programs than other state and local Boards.
(c) That qualified and rigidly selected high school students could not be found. To maintain this argument would suggest that our high schools do not produce responsible and mature students. This is refutable by a visit to any high school in the State, and by the experience of such neighboring states as South Carolina, which has found no difficulty in finding competent students.
(d) That the safety of our school children is too important to risk for the sake of saving money. It can be anticipated that a group; such as the School Bus Drivers Association will vehemently take this position. Yet it is a hollow cry without substance, because, as the records of other states amply demonstrate, (and to the surprise of many of us), student drivers are at least as safe or safer than the typical adult driver.
(e) That bus maintenance is better with adults. In Georgia many adult bus drivers do not leave their buses on the school grounds during the day. Often there is illegal use of them for hauling students and parents to football games, for example, and enforcement of routine maintenance checks is difficult. Experience has demonstrated that with the close
INTERIM COMMITTEE REPORTS
2735
supervision of students available, and the natural incentive to do a superior job as a bus driver, more routine day to day maintenance inspection is possible with students. Again the reader is referred to Exhibit "B" of the report.
(f) That to employ students as bus drivers would deprive adults of jobs. In my judgment, this is the most wrong-headed objection of all. Yet it is the objection which appears to principally motivate the School Bus Drivers Association in its opposition. Our governmental agencies, whether the highway department or the education department, or the city or county governments or Boards of Education, are not, and should not be looked upon as employment agencies. One has the feeling that there has developed an attitude that the State owes a duty to keep persons employed. Certainly one's contract of employment should be honored. No unfair advantage should be taken to deprive one of a job. But, after all, it is for the public interest to be served that we create a government, not for private interests. I heartily concur with the Com mittee that student bus drivers should be employed and that this should be done without undue hardship to presently employed drivers. I think, however, that it is extremely important that the State Department of Education and the local Boards begin immediately to prepare for the training and employment of students. Particularly at a time when every county will be pressed to the wall to provide even a minimum education for its students under Senate Bill 180, it seems to be bad business and poor judgment, to fail to make use of the many advantages employment of students would afford.
I recognize that some financial incentive to the school systems is necessary to induce many of them to employ students. Unfortunately, after a good deal of reflection, I am unable to suggest an alternative to that suggested by my col leagues on this Committee. Yet, nonetheless, with the hope that another method can be found, I am greatly troubled by the method proposed. The suggestion is made that where a system hires a student, the state nevertheless pays that county its entitlement as though the driver were an adult. For example, the students salary would be $270 per annum (the present North Carolina wage) and the adult driver's salary would have been $1,440. Thus the county would gain a boot of $1,170. It is observed immediately that with the hiring of only a few students the local system would gain needed funds for the class room. I note my disagreement as to the method because it would necessitate payment to the systems of transportation funds which would not in fact be used for that purpose.
Yet, I am confident that with continued study of this subject, a proper incentive can be presented to the local systems.
The Chairman of this Committee has authorized me to say that he con curs with my views on the prompt employment of students and upon the incen tive to systems for employment of students as above expressed. We are convinced that the one most dramatic and positive step that could be taken at this time to improve our total school bus transportation system would be the extensive use of student bus drivers.
SCHOOL BUS DRIVERS ASSOCIATION:
As a member of the General Assembly one quickly learns that certain organizations maintain full time lobbyists, present during virtually every day
2736
JOURNAL OF THE HOUSE,
of the annual sessions. This Association maintains such a lobby. Upon inquiry, I am told by its Executive Director that the Association's purpose is to work for the safety of our school children. During the past few years I have observed that the activity of this Association, so far as the legislature was concerned, was to obtain an increase in salary and other benefits. The State affords pen sion benefits to bus drivers, five days annual sick leave, and a minimum salary for a full 12 month period. This notwithstanding the fact that the drivers are employed by the local systems. In past years, it has been a powerful lobby indeed. In some counties members of this Association serve as poll managers on election day. In 121 counties in this State members of the Grand Jury name the local School Board members. School bus drivers, I am advised, often play a part in such designation in their capacity as Grand Jurors. It has been said our former Governor Eugene Talmadge used to brag that he didn't ever want to carry a county with a street car track in it, and that if he had the Sheriffs and the school bus drivers he could win any state-wide election.
Thus, the existence of so formidable an Association struck me as being a potential source of great help in attempting to improve the bus transportation system in this State. A letter was sent to Mr. Wilton Hill (Exhibit III) with a list of questions (Exhibit IV) seeking to elicit his help and that of his Associa tion. I am certain many members of the Association are disappointed, as I have been, that he had neither the courtesy or the interest to respond to this letter. The Survey referred to as Exhibit II, however, did answer some of the questions asked him. For example, the overwhelming response of county superintendents indicated that the Association rendered no assistance in
(a) Driver safety
(b) Maintenance programs or
(c) In anything else.
Interestingly, the Survey revealed that in a majority of counties school bus drivers do not constitute a real political force.
On the broad question as to the help the Association affords the trans portation system as a whole, most felt it was a hindrance. With response to questions 15, 16, and 17 of the questionnaire some most interesting answers were elicited.
Regarding the questions put to Mr. Hill, based on the Survey and on other information from knowledgeable persons throughout the State, it appears that the Association can claim no real achievement except a continued effort to raise salaries and other benefits.
It will be noted that not even school teachers have their salary set by state statute. The minimum set for school bus drivers is, it seems to me, ironically above the average annual income in this State, and the work is part time for nine or ten months each year.
Obviously, my comments are not intended to disparage any individual driver. I am quite certain some are not paid enough, just as I am certain that for the number of hours per day devoted to the job some are paid too much.
INTERIM COMMITTEE REPORTS
2737
But this observation illustrates my objection to the statutory approach taken heretofore to bus driver salaries. If the county is indeed the drivers' employer, it appears to me not unreasonable that the county could pay whatever it took and could afford, to get a qualified driver, without this substantial floor on the wage having been established.
It is my hope that this Association either begins to make constructive legis lative proposals toward the improvement of our school bus system and thereby illustrate its purported great concern for the safety of our children, or vacate the premises and work throughout Georgia training its members in driving proficiency.
STATE DEPARTMENT OP EDUCATION:
Any review of so large an operation as our school transportation system impresses one with the complexities involved in its administration. This is espe cially true in considering the making of changes and the enforcement of standards and regulations. But the Department has long been charged with this responsi bility. It also has had the ability in most instances, to require conformance. Its most effective method would have been and is the refusal to disburse funds to local systems if provisions of the law, or its standards and regulations, are violated. I believe much could have been done in previous years to demand com pliance. Political considerations, lack of staff and funds have undoubtedly played a part in this. Now it is to be hoped that, particularly in light of various sec tions of Senate Bill 180, strict adherence will be required. Furthermore, one would also hope that an aggressive and renewed interest be shown this subject by members of the Board and the Superintendents.
For a number of years, Mr. Joe DeFoor has been charged with the responsi bility of administering the school bus transportation system in the State. Inter views with numerous people, and the Survey referred to, make it very clear that, with a small staff, he has done a fine job. He needs help. If it is afforded him I am confident great savings can be made in the State, and marked improve ment will be shown. One of the most frequent comments made by the superin tendents in the Survey has been of the fine work of Mr. DeFoor in assisting in the re-drawing of bus routes. I am personally grateful to him for his patience in answering many questions and making information available as requested.
CONSOLIDATION OF SCHOOL SYSTEMS:
It must be assumed that nothing is of more importance than the effort to improve the quality of class room instruction. The existence of the vast number of school systems in this State is a tragedy. In past months, from numerous sources, this has been documented. With respect to bus transportation it is strikingly apparent that until numerous systems combine their efforts, much money will be wasted. For example, 103 counties have fleets ranging from one to 29 buses. Based on informed study, it is rather clear that 103 systems there fore have fleets so small that they will never be able to operate a bus main tenance system that is efficient and economical. Here clearly, is an area of concern which demands leadership from the Department.
If there is any hope in progressive action toward a marked improvement in Georgia education, surely consolidation not only of schools, but school systems is an answer. Such consolidation would inevitably assist in upgrading our trans portation system.
2738
JOURNAL OF THE HOUSE,
CONCLUSION:
We must make a choice in Georgia, in education as in other areas which demand change. We may be willing to consider changes in the established order of things, or we may seek to perpetuate the old, the shibolleth's of another era.
To change an established order, to make fundamental changes in policy, and to do the hard thinking required where major problems exist, is terribly difficult. This is especially true in governmental affairs, where in the nature of things, it is simpler to say no, to stand pat, than to make bold moves forward.
The writer has proudly claimed Georgia as the home of his forbears; he loves its history and its proud heritage. He feels something of the agony that is being experienced in some of the counties of this State, and appreciates the great changes that are being made, and adjustments required. To modernize our gov ernment, some practices of the past, some old and true political axioms of an other day, must be abandoned. In some areas of State life where public tax money has been required, little attention has been given as to its careful and prudent use. It has been as though, like Christmas gifts, the tags upon the funds have been lost and the name of the giver, the taxpayer, has been forgotten.
In a great line our beloved Georgia poet, Sidney Lanier, has written:
"My soul is sailing through the sea, "But the Past is heavy and hindereth me."
I hope that in this one area of our State's life, the work of this Committee has made less heavy the past, and more light the burden of change.
/s/ Jack Etheridge Representative, Pulton County
APPENDIX OF CONCURRING REPORT
REFERENCES
Council of Chief School Officers. The Responsibilities of State Departments of Education for Pupil Transportation Services and School Plant Serv ices. Washington: 1958.
Georgia Department of Education, Joe T. DeFoor. The Area of the "Responsi bility of Local School Boards for 'Adequate Transportation' Service", a memorandum to School Superintendents. Atlanta: October 9, 1964.
----------. South Carolina School Bus Purchase, a memorandum to Superin tendents of County School Systems. Atlanta: March 30, 1962.
Outline of the Use of the "Standard Cost" Approach in Calculating 1964-65 M.F.P.E. School Transportation Allotments, a memorandum to School Superintendents. Atlanta: June 29, 1964.
INTERIM COMMITTEE REPORTS
2739
------------ . Report and Analysis of the School Transportation Service of the State Department of Education. A Comparison of Georgia's Program with the Program of North Carolina. Paper presented by Mr. DePoor to the Members of the Education Committee of the General Assembly, October 2, 1961.
------------ . Georgia School Bus Insurance Specifications.
------------ . Georgia School Bus Accident Report, 1958-59 thru 1963. A Table.
----------. Exemption State Tax on Gasoline Used by School Buses, a memo randum to School Superintendents. Atlanta: April 9, 1964.
Georgia, State of. Annual Report of the Treasurer of the State of Georgia For Period July 1, 1963 thru June 30, 1964. Prepared by Jack B. Ray, State Treasurer. "Fuel Oil Tax Grants to Counties Schedule 5."
Governor's Commission for Efficiency and Improvements in Government. Organi zation and Administration of the Georgia Department of Education. Atlanta: December 2, 1963, pp. 99-102.
National Education Association, National Commission on Safety Education. Mini mum Standards for School Buses. Washington: 1959 revised edition.
North Carolina State Board of Education. School Transportation, Summary of Statistical Data, 1963-64. Raleigh: October 1, 1964.
----------. General Statutes Concerning Pupil Transportation Laws in North Carolina. By the Institute of Government, University of North Caro lina. Chapel Hill: 1963.
------------ . Rules, Regulations and Laws Governing Public School Transportation in North Carolina. Raleigh: July 1, 1950.
South Carolina State Board of Education. New Provisions of South Carolina Educational Program, As Enacted by the General Assembly of 1951.
------------. General Transportation Regulations, Revised 1964-65, printed by di rection of the State Educational Finance Commission.
------------. South Carolina School Bus Driver Training, Instructor's Manual. Columbia, South Carolina: State Highway Department, August 7, 1962.
U.S. Department of Health, Education and Welfare, Office of Education. Sum mary of State Plans and Procedures for Purchasing School Buses. A Table. Washington, D. C.: 1963.
-. Summary of State Provisions for School Bus Inspections, 1963, A Table.
2740
JOURNAL OP THE HOUSE,
------------. Characteristics of State Plans for Financing Pupil Transportation, 1963, A Table.
------------. Requirements and Training Programs for School Bus Drivers. Cir cular No. 465. Washington.
------------. State Provisions for Transporting Pupils. Circular No. 453.
------------. State Provisions for School Bus Insurance. Circular No. 486.
----------. State School Bus Standards. Circular No. 466.
------------. Pupil Transportation, Selected References, OE-20042, 1962.
------------. Selection, Instruction and Supervision of School Bus Drivers, Recom mended Minimum Practices. Washington: 1961.
Virginia State Board of Education. Virginia School Laws, a Bulletin of the State Board of Education, Vol. 45, No. 9. Richmond: January, 1963.
------------. Regulations, Standards and Specifications Pertaining to Pupil Trans portation. Richmond: The Department, 1963.
-. Statistical Data on Pupil Transportation, reprinted from "Annual Report of the Superintendent of Public Instruction of the Common wealth of Virginia, School Year 1962-63. 1963.
-. Regulations of the State Board of Education, Bulletin, Vol. 41, No. 7, February, 1959.
-. Cost Analysis, Pupil Transportation, 1962-63. Statistical data.
-. Accident Rate of School Divisions, 1962-63. Statistical data.
-. Data On School Bus Accident Reports for 1961-62 and 1962-63 While Transporting Pupils.
-. Regulations Governing Distribution of Pupil Transportation Funds.
-. State Board of Education Regulations Pertaining to Pupil Transpor tation, General Regulations, January 1, 1962.
-. Recommended Preventive Maintenance Procedure for School Buses. R. L. Wimbish, State Supervisor of Pupil Transportation, July 17, 1963.
-. Average Monthly Salaries for Adult and Student Drivers As Reported in the Transportation Inventory and Record for 1962-63. Statistical data.
-. Statistical Data on Operation of School Buses in Virginia, 1962-63.
INTERIM COMMITTEE REPORTS
2741
RESULTS OF SURVEY SENT TO 159 GEORGIA SCHOOL SUPERINTENDENTS.
RECEIVED: 113 replies.
1. Approximately how many school buses are now operating within your school system?
23 systems reported less than 20 buses. 62 systems reported between 20 and 40 buses. 26 systems reported over 40 buses.
2. What percentage of the school buses now operating within your system are owned by the county or state system?
1 reported 10% of their buses were county or state owned. 2 reported 40% 2 reported 50% 1 reported 60% 5 reported 70% 7 reported 80% 12 reported 90% 74 reported their buses were completely owned by the county or state.
3. What percentage are privately owned?
9 reported 10% of their buses were privately owned. 4 reported 20% 6 reported 30% 1 reported 40%, 50%, 80%, 90% respectively. 2 reported all their buses were privately owned.
4. What percentage are jointly owned?
2 reported 10% of their buses were jointly owned. 1 reported 30%, 50%, 80%, and 90 % of their buses were jointly
owned.
5. How does your county maintain its buses?
78 reported buses were maintained by county owned shop or shops. 9 reported they were maintained on a contract basis. 24 reported buses were maintained by other means, specifying pri
marily maintenance at local garages.
6. Are you satisfied with the present method of bus maintenance within your system?
83 reported they were satisfied and 27 indicated they were dissatisfied.
7. If buses are not maintained by county owned shops, do you feel it would be better to have one or more?
29 indicated they felt it would be better, and 12 were against county owned shops.
2742
JOURNAL OF THE HOUSE,
8. What is your system's present method of purchasing new buses, gas, tires, or related items?
It was generally indicated that buses were purchased on a bid basis, while gas and tires were bought on a contract basis.
9. Do you feel your system's school bus transportation could be improved with reference to its method of purchasing the items named in question 8?
56 indicated it could be improved. 50 felt it could not be improved.
10. Would you favor a tax exemption for gasoline taxes for school buses?
107 were in favor of such an exemption. 4 were against the idea.
11. What safety and driver training courses do your drivers participate in?
37 indicate they had no program for driver training. 46 indicate driver training was limited to a driver test administered
by the state patrol or state mobile unit and that each driver was required to have a medical examination each year. 2 stated that drivers attended a monthly meeting. 1 indicated they had a program designed by the National Safety Council and gave each driver first aid training.
12. Do you think the present procedures for driver training of school bus drivers is sufficient?
42 indicated they felt it was. 66 indicated they felt present procedures were inadequate.
13. Do you think the present procedure for reporting accidents to the state (either the State Patrol or the State Department of Education) is done properly?
94 indicated it was adequate. 10 felt it was inadequate.
14. Generally speaking, from your observation of school buses in Georgia, how would you rate our method of providing school bus transportation as com pared to other states?
Georgia's system of transportation was rated as
Superior by 6 systems. Above average by 24 Average by 41 Below average by 24 Poor by 1
15. Does the School Bus Drivers Association assist you with reference to any transportation programs?
5 indicated the association helped with driver safety and proficiency training.
INTERIM COMMITTEE REPORTS
2743
2 felt it helped them with maintenance programs. 100 felt the association did not give them any help whatsoever.
16. Do school bus drivers constitute a real political force in your county?
43 indicated drivers were a political force. 67 felt drivers were not a force.
17. Do you think the School Bus Drivers Association helps to improve the Georgia system of providing school bus transportation?
19 stated the association was a help, giving as their reasons the pro motion of safety and giving the drivers a sense of security.
85 indicated the association was not a help because it was primarily interested in promoting driver benefits and increased salaries. They felt the association was definitely a hinderance to promoting better transportation.
18. Would you favor the gradual abolition of private ownership of buses?
100 indicated they would favor such a proposal. 7 were against such a proposal.
19. Do you feel that allocation of funds for bus transportation in Georgia and the expenditure of such funds in the purchase and maintenance of buses and salaries could be improved?
94 indicated it could be improved, stating that they felt it would be more economical and efficient for the state to handle the purchasing of buses and related items.
6 felt the present method of allocating could not be improved.
20. What is your opinion of the program, presently used by such states as Vir ginia, South Carolina and North Carolina, which utilizes carefully selected and supervised students as school bus drivers?
59 were in favor of such a proposal. 35 were against it.
Those that did not respond to this question stated they were not familiar enough with other state systems to make a judgment, but would like to see data on the use of student drivers in other states.
21. Do you get sufficient help from the State in routing your buses for their most economical and efficient use?
91 indicated they did get sufficient help. 20 indicated they did not.
One of the most frequent complaints was that they felt the state lacked sufficient information of local conditions to adequately give aid in routing or planning bus schedules.
22. What is the maximum time per day spent by your students on buses in transit to and from school?
The average length of time spent was 1 hour 23 min. The longest period
2744
JOURNAL OF THE HOUSE,
of time spent in transit was 4 hours and the shortest length of time was 1 hour. Broken down, time spent in transportation is as follows:
1 hour 1% hours 1% hours 1% hours
17 systems 10 systems 19 systems 4 systems
2 hours 2% hours 3 hours 3% hours 4 hours
12 systems 12 systems 19 systems
3 systems 2 systems
23. In comparison to other states, do you feel the safety consciousness and pre cautions of drivers within your system and their safety records would rate as follows?
33 rated Georgia's safety record as Superior. 49 rated it as Above Average. 21 rated it as Average. 3 rated it as below average.
24. What other comments which would be helpful in analyzing the Georgia school bus transportation system, would you like to make?
a. There should be an accounting of all accidents so all systems could profit by their mistakes.
b. Bus drivers should be removed from politics as they put pressure on state officials to increase salaries. There is too much interest in promoting their own welfare.
c. We need better trained drivers.
d. Information on purchasing methods should be furnished by the state along with specifications for items.
e. I suggest a separate form be prepared for directing reports of the county to the State department of Education with a summary of all accidents to be sent back to the county in a consolidated report.
f. The state should purchase items for consistent operation throughout the state. Bus routes should be more clearly defined.
g. I feel public ownership of buses would provide safer and more economical transportation.
h. We should use student drivers, and make more uniform an organized driver training program. Drivers at present are over paid for the hours on the job. They are paid for an 8 hour day and only work 3.
i. Transportation is a political problem for small counties. Improved safety and economy could be achieved by having qualified personnel at the local level to give technical advice. Also the state should publish a set of regu lations for the administration of a transportation program.
j. I believe in a statewide purchasing or fleet plan for buses, a state insur ance program and a compulsory training school for drivers.
k. The state should take over transportation throughout Georgia. We should also get the school bus drivers out of politics, use student drivers, have county owned garages and statewide bidding on buses and gas.
1. I feel a state transportation program would be more economical, safer,
INTERIM COMMITTEE REPORTS
2745
and more comfortable in that we would have better service at less cost because buses would not be used for other than school purposes.
m. The present system of allocation of funds for transportation encourages extra spending. Let the General Assembly and Governor exercise caution in increasing driver's salaries. Also we need more uniform enforcement of regulations.
n. All buses should be subject to a motor analysis and brake inspection at least monthly. I have an idea we could improve on our transportation maintenance and save some money if we were able to purchase in larger quantities and get better discounts than we now get. A study might be made on purchasing supplies, equipment, and insurance.
o. I do not know how the "inspection program" which is to begin in January will work out, but I think that more frequent inspection of school buses would be better.
For example: (1) not more than 20 days before school starting; (2) every sixty days thereafter (45 days would be better). I believe that it would help the program if school buses were "spot checked" by the State Patrol several times each year rather than making one inspection near the beginning of the school term as has been done recently.
p. I am not familiar with the program that is used in these other states in training and selecting student drivers, but from 1939 through about 1950, we used several students because we were unable to get adults, and they were quite satisfactory. I see no reason why students should not make fairly good drivers if they are given sufficient training.
q. With a set up such as ours and with all buses publicly owned, it gives us an opportunity to buy, maintain and operate our transportation system on a basis that is more in keeping with educational services. A system of this type disallows the transportation system and its operation from becoming a political football to be used to please patrons, rather than providing services for children. I believe the greatest help to a system like this would be the privilege of participating on a state bid basis for purchasing buses in the same way that we do on tires and tubes.
r. A professional staff of research people specializing in public school trans portation should be selected to make a thorough study of transportation in Georgia. A scientific professional study should provide a wealth of valid information, which should guide future legislatures and state board of education in programming and financing transportation.
2746
JOURNAL OF THE HOUSE,
HOUSE OF REPRESENTATIVES
Atlanta, Ga.
November 23, 1964
Mr. Wilton Hill Executive Director Georgia School Bus Drivers Association Reidsville, Georgia
Dear Wilton:
As you know, a joint committee of the House and Senate has been named to look into matters relating to school bus transportation in this State.
I am a member of this committee and in an effort to thoroughly acquaint myself with all of the facets regarding this subject, I am taking the liberty of writing you this letter and enclosing a questionnaire.
I am sure that you are concerned, as I am, that this State operate as efficient, as safe, and as economical a school bus transportation system as is humanly possible. The committee of which I am a member has the same interest.
Your relationship with the Georgia School Bus Drivers Association over the years has certainly given you an opportunity to have observed the cost of school bus transportation in Georgia, and its efficiency, as compared with other states and obviously I should like to profit by your observations with respect to this subject.
I therefore look forward very much to hearing from you as soon as possible. Our committee is presently working diligently in an effort to acquaint ourselves with the subject matter and undoubtedly will publish a report with some recom mendation within the next few weeks.
Sincerely, Jack Etheridge
JE:lr
Encl.
INTERIM COMMITTEE REPORTS
2747
1. How many dues paying members are there of the Georgia School Bus Drivers Association? What are the dues per year?
2. What driver-training program does the Association now engage in, or has it conducted in the past three years?
3. Has the Association encouraged or sponsored any legislation in the past few years that would require driver-training of school bus drivers?
4. What does the Association do about establish a policy or a procedure in reporting accidents?
5. Insofar as data is used by the Association in citing the traffic safety records of Georgia school bus drivers, how is it collected, and what constitutes an "accident"?
6. What is the "safety record" of Georgia school bus drivers?
7. Has the Association taken any position with respect to the mass purchase of buses and parts, gasoline and related automobile products, the uniformity of insurance coverage, the establishment of state-owned maintenance shops and other practices successfully employed by such states as Virginia, South Carolina and North Carolina?
8. In view of the fact that 92% of the school bus drivers in North Carolina are carefully selected and trained students, that most of the school bus drivers in Virginia and South Carolina are students, resulting in a tre mendous saving to those States, and with a good safety record, what position has your Association taken regarding the employment of student drivers where they are selected and supervised by their principal?
9. What safety inspection procedures for school buses does the Association advocate generally? Does the Association have any prescribed inspection procedures for privately owned buses?
10. What position has the Association taken with reference to an annual driving examination and periodic courses in traffic safety?
11. What studies has the Association undertaken to determine ways of improv ing school bus services in Georgia?
12. What is the principal function of the Association?
MINORITY REPORT
DRIVING PERSONNEL:
The minority of this Committee is in disagreement with the majority on any and all proposals recommending the use of student drivers in public school transportation. The minority notes the savings of North Carolina, but it also notes that there was an accident increase when student drivers were used. The minority does not feel a child's life can be valued with dollars. The prevention of the death of one child is more important to the minority than saving any amount of money. Also, it is felt that the condition of schools and paved roads in North Carolina is more conducive to student drivers than Georgia. The minority feels that Georgia's situation more closely resembles that of Florida. The minority feels that the use of staggered hours and by fully utilizing the bus and driver a substantial saving can be effected. It is noted that school offi-
2748
JOURNAL OF THE HOUSE,
cials of the State of Florida have achieved a great deal of success in cutting expenses on school bus transportation by staggered hours and bus utilization. The minority notes that Florida school officials do not recommend the wide spread use of student drivers. It is felt by the minority that student drivers should not be encouraged.
/s/ Robert A. Rowan Senator, 8th District
/s/ Ford B. Spinks Senator, 9th District
INDEX
'2749
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1965
PART
I--ALPHABETICAL TABULATION
(House Bills, House Resolutions, Senate Bills, Senate 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)
2750
INDEX
HOUSE JOURNAL Part I
ALPHABETICAL TABULATION
HOUSE AND SENATE BILLS AND RESOLUTIONS
AARON, HONORABLE TOMMY HR 171 --Commend _..._...................._........._........................................561
ABANDONED PROPERTY HB 321 --Counties authorized to sell..........................635, 636, 903, 1100
ABANDONMENT SB 106 --Children; penalty ----__.------.------1614, 1686, 1760, 1762, 2059
ABANDONED WELLS OR HOLES
HB 558
--Provide for covering, filling or otherwise making safe ----__--------....1165, 1177, 1299, 1419, 2479, 2485
ABSALOM, MR. HOWARD HR 146 --WMAZ-TV; commend __.___-----.____--------________------_----_____-..388
ABSENTEE BALLOTS
SB 13
--Georgia Election Code; provide for procedure .........----...._..---..-.-264, 266, 287, 699, 925, 1309
INDEX
2751
ACCOUNTANTS
SB 65
--Certification as Certified Public Accountants; qualifications ._._...._.._..__.____._.-...___.704, 706, 752, 834, 991, 2494
ACWORTH, CITY OF HB 450 --Corporate limits, extend _ .... .. .. 889, 953, 1033, 1036, 1884
ADMINISTRATIVE PROCEDURE ACT, GEORGIA
SB 38
--Amend to make technical clarifications ..._____.-_-....._____-.755, 756, 830, 1614, 1963, 2250
ADOPTION SB 171 HB 463 SB 150
HB 551
--Certificates; preparation _____.._.______. 1685, 1687, 1761, 1762, 2112 --Interlocutory hearings; remove provisions -892, 955, 960, 1218 --Revise laws relating to issuance of birth
certificates -__._.-....._.1767, 1773, 1874, 1878, 2253, 2296, 2345, 2381, 2400, 2501
--Vital records; certificates from a court for a person born outside State; remove provisions _ 1163, 1297, 1396, 1735
ADVERTISING
HB 188 --Legal advertisements; uniform rates allowed to publishers ........... 302, 378, 905, 1331, 2174
HR 194-478 --Legal; publication of notice, local legislation; additional methods; amendment to the Constitution ....._________.._....__-___....._.__________...-___-895, 957, 1033
HB 486 --Outdoor; control erection and maintenance ________________950, 1028 HB 311 --Outdoor; regulations on National System of
Interstate and Defense Highways ,,.______.__,,...__._._--...531, 634
AGING, STATE COMMISSION ON
HB 313
--Member from Field of Nursing Home Care added -. ......._,-_.____......-_......-....__..._....._.533, 635, 641, 722
AGRICULTURE (See named subject or Department)
HB 73
--Commercial Feeding Stuffs; inspection fee .--_____...--__-_...__----__.---118, 165, 504, 729, 1400, 1639
2752
INDEX
HB 677 --Commercial weighers of corn or small grain;
licenses _____________-,,_______._______________1667, 1758
HB 192 --Department of; Commissioner allowed to lease land;
farmers' markets ........_._..................,,_ 303, 378, 696, 789, 1880
HB 515 --Department of; Division of Institutional Farms;
create .
______ 1021, 1171, 1175
HB 524 --Department of; Georgia Biological Permit Act;
establish ________...._____________...____________1023, 1172, 1176, 1952, 2303
SB 98 --Department of; Milk Control Act; true legislative
intent of transfer of Milk Commission _________ 959, 963, 963,
1030, 1969
SB 151 --Georgia Agricultural Commodities Promotion Act;
membership of members of the General
Assembly ,,,,.._,,.,,.___ 1613, 1644, 1674, 1877, 2137
SB 131 --Milk and Cheese; Dairy Inspection Act; amend
relating to ice cream ____.__.,,____ 1614, 1644, 1673, 1877, 2135
HR 204-521 --Implements; exempt from ad valorem taxation;
amendment to the Constitution ..____ ___.__. 1022, 1172
HB 650 --Insecticides, fungicides; license required for
commercial application __,,.___________.._,,__________ 1459, 1607
HB 526 --Laying hens; redefine production as applied to
property tax exemptions __._____1023, 1172, 1615, 1956, 2303
SR 52 --Products; General Assembly delegate power to
any Agricultural Commodity Commission;
amendment to the Constitution __.._.906, 906, 958, 958, 1144
HB 480 --Swine breeding stock; license to sell _________-_____________.__..__895, 957
HR 234 --Timber, farm, agriculture products; ad valorem
property tax; classify certain lands; amendment
to the Constitution ,,____,,__.___.____,,______._..__._-1458, 1607
AGRICULTURAL COMMODITY COMMISSIONS
SR 52
--General Assembly delegate power to; amendment to the Constitution __,,_____,,__--__._.___906, 906, 958, 958, 1144
AGRICULTURAL COMMODITIES PROMOTION ACT, GEORGIA
SB 151
--Membership of members of the General Assembly .__,,_...-___,,__.._--_.____-1613, 1644, 1674, 1877, 2137
AID TO DEPENDENT CHILDREN ACT HB 60 --Dependent child; change age limit ______......_...-..-._99, 125, 1879
AIKENS, LEE HR 46-84 --Compensate .,,._......__..._--.__~~_._..--__.._.___.....121, 16?
AIRCRAFT HB 48 HB 456
INDEX
2753
--Sales tax; exported equipment; additional exemptions ----_--------------------------80, 93, 504, 587, 754
--Motor Fuel Tax Law; sales tax refund on gasoline --.891, 954
AIR MARKERS
HB 377
--Department of Industry and Trade authorized to establish ___.----.._---------._--.630, 694, 902, 999, 1399
AIRPORTS HB 413
--State Highway Department; county and municipal contracts for construction and maintenance ----------_,,------------745, 827, 1032, 1282, 2495
ALBANY, CITY OF
HB 514 HB 681
--City Court, appointment of more than one judge ----__------------1021, 1170, 1178, 1312, 1769
--Corporate limits, change ._--------...1668, 1759, 1878, 1897, 2303
ALCOHOLIC BEVERAGES (See beer, Taxation)
HB 305 SR 67 HB 620 HB 227 HB 340 HB 341 HB 628 SB 141 HB 312 HB 533
--Alcohol Beverage Control Act; provide for Department of Alcohol Beverage Control --------.530, 634
--Alcoholism Study Commission; create ............1469, 1646, 1675, 1879, 2163
--Certain counties authorized to legalize and control without necessity of election --------------------1384, 1460
--Criminal offense to drive under influence; blood test ..-------------------------_...375, 413, 1034, 1857
--Equipment or raw materials used in illegal manufacture; misdemeanor to possess __.-----_--538, 639
--Illegal manufacture; penalty for conspiracy ------.539, 639, 1033, 1369, 1443, 1946
--Malt; alternate method of reporting and paying tax ------.----..---------------------------____1386, 1462, 1615
--Municipal elections; provisions ------1469, 1644, 1673, 2296, 2416
--Reduce size of packages which may be sold by licensed dealers ----_,,__----------.531, 533, 634, 641, 724
--Sale of; annual license fee --__--..1024, 1026, 1173, 1177, 1452, 2179
2754
INDEX
ALCOHOL BEVERAGE CONTROL ACT
HB 546
--Provide for Department of Alcohol Beverage Control .....-...-.-.____._.-____-_.-__-_..._____.______________1162, 1297, 1396
ALIMONY SB 67 HB 22
HB 185
--Judgment revised upon change in husband's or wife's financial status _...__.___..__..____.___.______.1771, 1888, 2022
--Permanent where divorce procured in foreign country and wife not personally served .----69, 83, 312, 465, 1608
--Revised if husband or wife has a change in income ___..---___..__.-.......-__-___.___..___._._............301, 377, 500, 617
ALLENHURST, TOWN OP HB 506 --Create and incorporate ........1019, 1169, 1178, 1312, 1768, 2061
ALL FAITHS CHAPEL AT MILLEDGEVILLE HR 57-107 --Sales tax; suspend on equipment ..........157, 211, 700, 777, 1400
ALMA, CITY OF HB 108 --Mayor and council; election ........157, 211, 289, 319, 1765, 2062
ALPHARETTA, CITY OF HB 588 --Corporate limits, change ....1168, 1302, 1391, 2026, 2031, 2497
AMBULANCE DRIVERS HB 629 --Emergency first aid course required .___.______._____--...1386, 1462
AMENDMENTS TO THE CONSTITUTION (See Constitutional amendments, named subject) SR 40 --Ad valorem tax; certain personal property, domestic animals; exempt ._._-___.__--1767, 1774, 1876 HR 234-648 --Ad valorem property tax; timber, farm, agriculture products; classify certain lands ----..1458, 1607
INDEX
2755
SR 52 --Agricultural products; General Assembly delegate power to any Agricultural Commodity Commission _-_-...._____..__.___-___.... 906, 906, 958, 958, 1144
HR 226-627 --Apportionment of House of Representatives; political subdivisions on equitable basis --.1385, 1461, 1465
HR 163-315 --Appropriation control; change provisions _._._.....__.._._.534, 635 HR 174-392 --Apportionment; legislative power vested in a
unicameral legislative body _.--.--__ . __.._._._._________----_686, 747 HR 223-600 --Baker County Industrial Development Authority;
create ______.,,.....-...--.-._..-___...1293, 1393, 1677, 1906, 2499 HR 102-133 --Berrien County; ad valorem tax for expansion of
new industry ...._.....__...______.__...______._.. 208, 263, 382, 448, 2177 HR 21-27 --Cobb County; approval by voters of incorporation
of territory .................._...... 75, 90, 131, 174, 2177 HR 170-372 --Coiumbus-Muscogee County Port Development
Commission; create ....630, 693, 961, 1085, 1090, 2146, 2224 HR 167-354 --Cook County Industrial Development Authority;
create ..._..........--..-._..--_.-_.___----__ 626, 690, 903, 916, 2177 HR 116-149 --Counties, municipalities; enact planning and
zoning ordinances --..----.-__..___...........--.-.. 278, 306, 641, 726 HR 132-229 --Counties, Municipalities; repairs of certain
property ------____-___--..--_._,,._..___........_ 375, 414, 545, 650 SR 43 --County Commissioners; redefine power of General
Assembly relative to creating ____._756, 757, 830, 1177, 2273 HR 131-218 --County Surveyor; abolish office _.._.._._._._._.......__. 373, 412, 905 HR 258-703 --Crawford County Board of Education; appointment
of school superintendent -_..._._ 1757, 1873, 2026, 2035, 2500 HR 235-652 --Echols County Board of Education; appointment
of members ------.._.-._._____--.-_ 1601, 1669, 1677, 1912, 2499 HR 161-313 --Echols County Development Authority;
create .....--...-_--____.____---.._...----.534, 635, 961, 1078, 2177 HR 204-521 --Exempt farm and agricultural implements from ad
valorem tax __,,.._._..__,,__,,._. .1022, 1172 SR 84 --Pannin County School Superintendent;
election ___----_----._________.----- 2146, 2149, 2171, 2295, 2312 HR 186-439 --Freeholders only may vote in bond elections _...__. 825, 899, 903 HR 142-244 --General Assembly; compensation and allowance of
members ......._.............----......... ...__._--.--........_ - 406, 476 SR 7 --Home Rule for Counties; provide .. .............755, 757, 830, 1177,
1338, 2239, 2305 HR 23-43 --Home Rule for Counties; provide .___78, 92, 500, 606, 609, 625 HR 14-21 --House of Representatives; provide for apportionment 68, 83 HR 107-138 --House of Representatives; provide for
apportionment --.__________._----_----------.________..__._...__..259, 285 HR 127-212 --Judges, Court of Appeals, Superior Courts; Justices,
Supreme Courts; Solicitors-General, Superior Courts; Attorney General; qualifications; amendment to the Constitution _____,,._..,,...--.___.........372, 411 HR 177-407 --Lieutenant-Governor; additional duties in connection with Department of Industry and Trade _....._.___.__. 689, 750
2756
INDEX
HR 184-423 --Madison County Industrial Development and Building Authority; create --...___ --.747, 829, 903, 909, 2178
HR 193-475 --Marietta, City of; levy of additional taxes for educational purposes ,,._....__. 894, 957, 1034, 1092, 2306
HR 65-112 --Marion County; Board of Education; election of members ._______.____..___..__._______._____.._________.159, 213, 382, 436, 2499
HR 236-654 --Miller County Development Authority; create .-.__._________.__.__.____.____..__..___1602, 1670, 1677, 1915, 2500
HR 105-133 --Pierce County Industrial Development and Building Authority; create ............208, 263, 382, 440, 2177
SR 42 --Powers to county governments; change provisions ...................._...__..__.755, 757, 830, 1177, 2256, 2306
HR 194-478 --Publication of notice, local legislation; additional methods .....__.._._._..................._..______.__________...........895, 957, 1033
HR 117-149 --Savannah District Authority; change name to "Savannah Port Authority" ....... 278, 300, 306, 382, 431, 963
HR 209-557 --Self-government, certain counties; authorize General Assembly to provide ,,.,,._._.__--.................. 1165, 1299
SR 37 --State Senators; provide for four year terms _ 1685, 1774, 1876 HR 212-569 --Tax levy for education; change millage limitation _ 1167, 1301 HR 213-569 --Terrell County; Board of Education members, School
Superintendent; election ....._...._.1287, 1389, 1397, 1628, 2499 SR 75 --Tift County Development Authority; tax levied
for creating a fund ...________-_-1771, 1889, 2022, 2173, 2183 HR 133-230 --Write-in candidates; require notice of
candidacy ________...__________.______-.376, 414, 544, 666, 2250, 2284
ANIMALS SR 40
--Domestic; exempt ad valorem tax; amendment to the Constitution ......_._._.............._.._____......1767, 1774, 1876
ANTIBIOTICS SR 30
--Petition Congress; must purchase from patent owners _.._...._._.--~~-~-----1469, 1645, 1674, 2294, 2408
ANTI-PREEZE
HB 354
--Inspection and regulation of substances and preparations ..._._._...._-.....--------_--.626, 690, 697, 816
APPEARANCE BOND
HB 554
--May not be forfeited if person unable to appear because of physical disability or incarceration _...____-_-1164, 1177, 1298, 1441, 2046, 2068
INDEX
2757
APPELLATE PRACTICE ACT OF 1965
HB 556 HB 167
--Amend .._..___.__.....__..____,..1164, 1298, 1398, 1489, 2146, 2165 --Modernize procedures, civil and criminal
cases ......_______........__.._____..........._..282, 309, 312, 489, 582, 754
APPLING COUNTY
HB 538 HB 608
--Annual audit, provisions ___.1161, 1296, 1306, 1403, 1883, 2050, 2251, 2288
--Sheriff's secretary, salary ---__.__.1294, 1394, 1466, 1632, 1883, 2049, 2251, 2289
APPORTIONMENT
HR 9-2 --Congress urged to call Constitutional Convention to
amend U. S. Constitution ......___.._.........._.____.47, 70, 130, 179
HR 47-87 --Congress urged to call Constitutional Convention
to amend U. S. Constitution ___...______________.122, 168, 173, 224
HR 128-212 --Congress urged to call Constitutional Convention
to amend U. S. Constitution _.____.....372, 411, 500, 605, 1680
SR 14 --Congress urged to call Constitutional Convention
to amend U. S. Constitution __415, 416, 478, 1177, 1972, 2119
HB 242 --House of Representatives; election from
Representative Districts .,,.__.__.............___._.____________ 406, 475
HB 683 --House of Representatives; election of first members
from Representative Districts ,,_..__.______.._.. ......____.1669, 1759
HB 580 --House of Representatives; election of members in
1965 ......1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472 '
HB 281 --House of Representatives; 205 members; j
Representative Districts .........._______.473, 496, 545, 669, 671,
741, 1399
HB 297 --House of Representatives; 205 members to be elected
state-wide basis _..__..___._._..__..____________.____._.______-----..-.. 492, 542
HR 226-627 --House of Representatives; political subdivisions
on equitable basis; amendment to the
Constitution .______...__...___...,,_..___._____._. 1385, 1461, 1465
HB 12 --House of Representatives; provide for ,,____--..--_ .....____ 66, 81
HB 136 --House of Representatives; provide for .........--.--_._._._. 258, 285
HB 367 --House of Representatives; provide for -.628, 692, 1307, 1494,
1505, 1520, 1527, 1538, 1542, 1549, 1557, 1565, 1596, 1975,
2016, 2070, 2145
HR 14-21 --House of Representatives; provide for; amendment
to the Constitution ___--__----...--.__._.._..._.--.-- .---._._.__. 68, 83
HR 107-138 --House of Representatives; provide for; amendment
to the Constitution _,, ...
259, 285
HR 313 --House of Representatives; request Federal Court to
allow certain members to continue to serve .___._..__... 2476
2758
INDEX
HR 256 --House of Representatives; urge Federal Court to allow
members to complete 1965-66 term ____..___...........__,, 1700, 1933
HR 174-392 --Legislative power vested in a unicameral legislative
body; amendment to the Constitution ......... ,,--_-._ 686, 747
HR 155 --Relative to adjournment of General Assembly,
February 26, 1965 ..............
.___._._.______486
HR 135 --United States Congress; expressing support of
proposed amendment to U. S. Constitution ____--...___________..383
APPROPRIATIONS (See Taxation, Budget)
HR 163-315 --Change provisions relating to control; amendment to the Constitution -__._.--_.__..._._____..____._._.._...__..._.._....__.534, 635
HR 115 --Committee; adjournment for budget study ._______ 270, 271, 275 HR 306 --House Appropriations Committee; amend H. R. 112 ....... 2336 HR 112 --House Committee; relating to meetings, etc. for
budget study ...._--...... ...-- --._.---_..._.-.. 254 HB 666 --Legislative Branch; clarify provisions ......__..1606, 1672, 1675,
1825, 2299 HB 638 --Supplemental for fiscal year ending June 30,
1966 -----,,----.--- ------.-.----- 1387, 1463
APPROPRIATIONS ACT, GENERAL
HB 25 HB 1
--General Appropriations Act; provide for ----69, 84, 288, 324, 345, 395, 1031, 1048, 1072, 1096, 1193, 1220
--General Appropriations Act; supplemental ...,,__.23, 48, 49, 107, 110, 250, 251
ARCHIVES AND HISTORY
HR 101-133 --Authorize painting portrait of Mary Givens Bryan 208, 263, 959, 1100, 1470
HB 217 --Department of; Secretary of State to designate and establish branch depositories ......... 373, 412, 699, 797, 1468, 2426
ARTIFICIAL LIMBS HB 453 --Sales tax; exempt .---. . ... ._..... ....._..._.. -890,953
ASHBURN, CITY OF HB 114 --Mayor and council; compensation ._ 159, 213, 289, 314, 702
INDEX
2759
ASSISTANCE PROGRAM
HB 344
--Department of Family and Children Services to establish categories of assistance payments -.-.._...._._._____.._-._.__.__.___.___ 539, 640, 962, 1123, 2174
ATHENS, CITY OF
HB 338 HB 419 HB 215
HB 699
--Ad Valorem Tax, levy ....._.-...-___.....___. 538, 639, 698, 715, 1188 --Employee's pensions --.-.----.-..-...746, 828, 904, 908, 1475 --Installation of storm sewers, cost
assessment -- .__.___._--___........._..__.373, 411, 501, 506, 754 --Taxation, increase -----------.._.....----.------....1756, 1873
ATLANTA, CITY OF
SB 19
SB 215 SB 120
--Advisory Committee, expenditure of funds -._.----------,,_...-.------...___.. 271, 288, 311, 545, 647
--Corporate limits, extend ....--.-....1882, 1891, 2024, 2174, 2182 --Department Heads, pension benefits if not
reelected or reappointed --..---1192, 1196, 1303, 1762, 1899
SB 198 --Elections, polling places ........___..... 2144, 2149, 2170, 2295, 2308
SB 199
--Elections, vote in residence area ._.._______ 2145, 2149, 2170, 2295, 2308
SB 164
--Elections; use of voting machines -....... 1766, 1773, 1874, 1878, 2039
SB 121 --Employees' pension benefits ---.-.1192, 1196, 1303, 1762, 1900
SB 17
--Fire Department, maximum pension benefits ___._..._. 271, 287, 311, 545, 646
SB 103
--Flouridation of Public Water System .__...-_....-__ 905, 906, 958, 1762, 1905, 2046, 2118, 2288, 2389, 2392, 2452
HR 248
--Fulton-Atlanta Court Study Commission; commend _________...._..___.____..............__.___.__. ..._........._._...._ 1693, 1880
HB 270 --Joint board of tax assessors, salaries 471, 494, 501, 551, 1185
HR 237-656 --Local Government Commission; establish ............ 1602, 1670, 1677, 1780
SB 29
--Municipal Court, Chief Deputies' salaries .........._..._._._.___._.....__..._......... ... 497, 512, 543, 1762, 1898
HB 567
--Municipal Court Judges' salaries ...._._.__..._......__... 1166, 1300, 1306, 1406, 2148, 2281
SB 18
--Pensions for officers who fail to be reelected or reappointed _.__.__.._.._.............__..____. 271, 288, 311, 545, 647
SB 20
--Police Department; maximum pension benefits ..... ........................... ....._..___._.. 271, 288, 311, 545, 647
SB 60 --Street improvements ,,_.._._............ 1192, 1194, 1302, 1762, 1898
2760
INDEX
ATLANTA JUDICIAL CIRCUIT
HB 623 HB 562
--Number of trial assistant solicitors-general ....._.__..1384, 1461, 1467, 1618, 2148, 2282
--Solicitor General's salary __.______..______.._.______________._..__.____.1166, 1299
ATLANTA RAPID TRANSIT AUTHORITY SB 102 --Create _____..__.._._....___...___-_....905, 906, 958, 1179, 1749, 2045
ATLANTA RAPID TRANSIT CORPORATION
HB 500 --Create
.______.,,_
.._-.___. .....952, 1030
ATTACHMENT CASES
HB 645 HB 644
--Conform procedure to procedure prevailing in ordinary civil cases --.--_...,,..--..,,____,,_.______________1389, 1464
--Provisions relating to person before whom affidavit shall be made --.....___-.--...____---.-...-_.-______-..........-_..__1389, 1464
ATTORNEY GENERAL HR 127-212 --Qualifications; amendment to the Constitution _.________372, 411
AUGUSTA, CITY OF
HB 401 SB 126 HB 403
HB 402
--Assistant Recorder, duties ........ ...__.___.688, 749, 835, 837, 1189 --Augusta Municipal Court, revise
laws --_-_._.--............._.___.-__-.. 1193, 1196, 1304, 1466, 1627 --Mayor and members of the council, election contests
heard by Superior Court of Richmond County ____._.._.____..._____.....-.___.__....688, 749, 835, 838, 1190 --Police Department, height requirements ........._______........_...._.......___ 688, 749, 835, 838, 1189
AUGUSTA JUDICIAL CIRCUIT
HB 87
--Chief Assistant Solicitor General; provide for ..-___......._____............__.122, 168, 479, 516, 831, 845
AUSTELL, TOWN OF HB 465 --Corpoate limits, increase ........892, 955, 1034, 1039, 2147, 2190
INDEX
2761
AUTHORITIES (See named Authority)
HR 223-600 --Baker County Industrial Development
Authority; create; amendment to the Constitution ..__.......__.._._.______._..1293, 1393, 1677, 1906, 2499 SB 192 --Banks-Jackson-Commerce Hospital Authority, fill vacancies __.-..-.____-_-_.._____........-......._...1881, 1890, 2023 SB 191 --Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment _.,,....____1881, 1889, 2023 SB 193 --Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment ,,_,,,,___... 1881, 1890, 2023 HB 237 --Brunswick and Glynn County Development Authority, define commerce .__________.405, 475, 502, 508, 834 HB 391 --Cobb-Marietta Water Authority, membership ______.__.__________________._____686, 747, 835, 836, 1474 HR 167-354 --Cook County Industrial Development Authority; create; amendment to the Constitution ___....______.________________._626, 690, 903, 916, 2177 HR 161-313 --Echols County Development Authority; create; amendment to the Constitution _____.534, 635, 961, 1078, 2177 HB 613 --Emanuel County Development Authority, create ____.________.__._________1295, 1395, 1467, 1624, 1887
HB 516 --Hospital; effective location of facility -.-..........-_-........._...1021, 1171, 1177, 1211, 1372, 2302
HR 184-423 --Madison County Industrial Development and Building Authority; create; amendment to the Constitution _____________-_____________747, 829, 903, 909, 2178
HB 193 --Madison-Morgan County Airport Authority; create __._._____....___._____._____._____.____.303, 379, 382, 421, 703
SB 102
--Metropolitan Atlanta Rapid Transit Authority; create _______.._______.___.____.___.___.905, 906, 958, 1179, 1749, 2045
HR 236-654 --Miller County Development Authority; create; amendment to the Constitution _.._,,. 1602, 1670, 1677, 1915, 2500
HB 265
--Newnan-Coweta Airport Authority; create ________.________________..____.__________.___470, 493, 501, 549, 831
HR 105-133 --Pierce County Industrial Development and Building Authority, create; amendment to the Constitution ........____._______._._..._208, 263, 382, 440, 2177
HB 31
--Rockmart Development Authority; create ___-______._______._________________,,__ _.__75, 90, 131, 137, 273
HR 117-149 --Savannah Port Authority; name changed from "Savannah District Authority" _ 278, 300, 306, 382, 431, 963
HB 106
--State Penal and Rehabilitation Authority Act; maximum bond limitation of ten million dollars __.........._......_.__.____.__..156, 211, 904, 1118, 2452, 2463
SR 75
--Tift County Development Authority; tax levied for creating a fund; amendment to the Constitution _..__................_........1771, 1889, 2022, 2173, 2183
2762
INDEX
AUTOMOBILE INSPECTION LAW
HB 11 HB 30 HB 278
HR 39 SB 54 HB 115 HB 614
HB 113
--Inspection of Motor Vehicles Act; change provisions _------------__--.____________________________________66, 81, 642
--Inspection of Motor Vehicles Act; change provisions __------.--_.--__._____..__--_----__..__------_______.. 75, 90
--Inspection of Motor Vehicles Act; change certain requirements ......------.472, 495, 699, 849, 872, 1608, 1940, 2003, 2016, 2150, 2168
--Inspection of Motor Vehicles Act; create committee to study ___.__...----____--..______..--_------_106, 173, 255
----Inspection of Motor Vehicles Act; inspection prior to sale to general public ____________._,,__..--_.__644, 648, 696
--Inspection of Motor Vehicles Act; repeal ----.--.159, 213, 642 --Inspection of Motor Vehicles Act; seller must
warrant that vehicle ready for inspection ___________________._____._..------_1383, 1459, 1678 --Inspection of Motor Vehicles Act; shall apply to 1963 or later models -------- .__------__--------159, 213
AUTOPSIES HB 163
--Georgia Post Mortem Examination Act; autopsies performed solely to determine cause of death _--------....._....----..........._...._. 281, 308, 902, 979, 1155
B
BAGBY, HONORABLE GEORGE T.
HR 275 --Commend
__ _
2047
BAGGETT, HONORABLE JESSE J. HR 100 --Express sympathy for passing of ._.,,.___. ._______________,,_. 202
BAGGETT, REV. ROBERT --Prayer offered by ..... .--_._.__.. .._.____.... _..._--_...-...._......_.----..624
BAIL HB 142
--Criminal offenses; bail shall continue during trial .----___....-....__.----.-_..........._-.._----........... 260, 286, 545
HB 423
HB 550
HB 414 SB 82
INDEX
2763
--Judges' discretion to refuse pending appeal of last conviction ___.___.___.__..._........-._...___.-______.747, 829, 1396
--Midemeanor cases; cognizance bonds from military personnel ________.__.. ..__......._____ 1163, 1297, 1396, 1827
--Number of times a person may give ___._____.______ -745, 828, 1033 --Release of defendant; recovery of personal
property _____.____________.____.___.1401, 1402, 1465, 1677, 2267, 2297
BAINBRIDGE, CITY OF HB 315 --City Manager, create office ..........._.. 534, 635, 698, 710, 1609
BAKER COUNTY
HR 223-600 --Baker County Industrial Development Authority; create; amendment to the Constitution ___._._....___.___.____.__.._..1293, 1393, 1677, 1906, 2499
HB 178 --Sheriff's salary ................._....__...._.......284, 310, 382, 419, 2148
BALDWIN COUNTY
SB 148 --Board of Commissioners of Roads and Revenues, members' election _.,,.__.._..1613, 1644, 1674, 2026, 2040, 2122
HR 233-640 --Conveyance of certain land .____.__.1388, 1463, 1679, 1862, 2303 HR 254-680 --Conveyance of certain state-owned property ____.___1668, 1759
BALL, JAMES A. HR 265 --Commend ....................,,.....-.....-........------___._________._..____..____1926
BALLARD, HONORABLE DON HR 286 --Commend
_
__ ___......_......-..____.___....2322
BANKS HB 95
--Foreign; service of process fee _._._..____124, 170, 172, 243, 2494
BANKS AND BANKING
SB 55
--Capital notes and debentures; authorized to issue _._..__...._.__._.___. ..._..__._____...1309, 1327, 1395, 1465, 2247
2764 SB 113 HB 153 SB 100 HB 150 HB 155 HB 154 HB 151 HB 152 SB 56 HB 467
INDEX
--Capital stock; additional stock offered first to stockholders .___.____._,, 1191, 1195, 1303, 1465, 2064
--Capital stock; changes reported promptly ..._.____279, 307, 543, 661, 1181, 2221
--Capital stock; par value of each share ......__1191, 1195, 1302, 1465, 2057, 2298
--Corporation charters; revise laws _.._____278, 306, 543, 654, 1181, 2217
--Personal property; unlawful for purchaser to make false statement in writing _..___280, 307, 544, 663, 959
--Property; unlawful for purchaser to make false statements in writing -____.____________..279, 307, 544, 663, 959
--Purchase of capital stock in bank service corporations .._______._-.._-__.___._.279, 306, 543, 656, 1181, 2219
--Real estate held as investment; prohibit loans on _____....._..._.....___......_.._...279, 306, 543, 657, 1182
--Superintendent of Banks; salary -______.....___546, 547, 641, 960, 2271, 2358, 2384, 2418
--Uninvested trust funds may also be secured by real estate loans ____._________________.827, 900, 960, 1142, 1686
BANKS COUNTY
SB 193 HB 146
--Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment _......._.......1881, 1890, 2023
--Board of Commissioners; salary of certain members .__.___-.,,.-........._....__._._...._261, 287, 289, 319, 1768
BARBER, HONORABLE MAC HR 296 --Commend .___-_-_________.._......_....._...,,..,,.....,,.___..__._.__.___... .......2328
BARBER STUDY COMMITTEE --Interim committee report ..._...__.__._._._...._._.__...._...._._.._.._._..._.__.2B48
BARBERS HB 197
--State Board of Barbers; additional
powers ____.____.
304, 380, 1176, 1360, 2123, 2214
BARROW COUNTY
HB 451
--Chairman of the Board of Commissioners, salary ___.___..,,....__..._ 889, 953, 1033, 1036
INDEX
2765
BARTOW COUNTY
HB 244
--Sheriff's deputies, change number ._._..___.________.________._.__________406, 476, 501, 510, 1181, 1410
BASIC SCIENCE LAW, GEORGIA HB 501 --Create _____________...,,______.___...___....____________________1019, 1168
BASKETBALL GAME
HR 73
General Assembly and Atlanta Jaycees, game between .....___........._......._____________________..__144, 265
BEATY, DWIGHT M., JR. HR 94-123 --Compensate ..___.___.___.164, 217, 499, 558, 1684, 1723, 2122, 2377
BEER (See Alcoholic Beverages, Taxation)
HB 628
--Method of reporting and paying tax; alterate __.._______..._.__-___.....___...._____._.._.__.1386, 1462, 1615
BEMBRY, HIRAM HR 85-121 --Compensate _.___...163, 216, 499, 557, 1683, 1720, 2122, 2377
BEN HILL COUNTY HB 627 --Sheriff's salary _____________._......_._._1385, 1461, 1467, 1619, 2176
BENNETT, LARRY HR 189 --Wishing speedy recovery ------_.-.-..----..._----._--_._--......768
BERRIEN COUNTY
HR 102-133 --Ad valorem tax, expansion of new industry; amendment to the Constitution __ 208, 263, 382, 448, 2177
HB 619 --Baskets for taking of rough fish; change provisions ___--.___._____.1384, 1460, 1467, 1617, 2176
HB 20 --Sheriff's salary __......_____________._____68, 83, 131, 136, 272
2766
INDEX
BEVILL, ODIS E. HR 67-117 --Compensate _.__-___._-______.__.._..._.160, 214, 1675, 1779, 2304, 2380
BIBB COUNTY
HR 224-609 --Release certain property belonging to Ernest Genone, Jr. from all fi. fas. .__-_,,___._. 1294, 1394, 2024, 2129
BIBLE HR 56-107 --Sales tax; suspend ...-......._.. -------156, 211, 700, 775, 1399
BILLBOARDS
HB 486 HB 311
--Control erection and maintenance .............--_...--......._ 950, 1028 --Regulations on National System on Interstate
and Defense Highways ,,__..,,......-..___. ._____...,,_.._.......... 531, 634
BIOLOGICAL PERMIT ACT, GEORGIA
HB 524
--Permit required to operate, sell, distribute any type of biological not used on human beings ._..........__......_.........._._--_....1023, 1172, 1176, 1952, 2303
BIRTH CERTIFICATES
SB 150
--Adoption cases; revise laws ---1767, 1773, 1874, 1878, 2253, 2296, 2345, 2381, 2400, 2501
BLACK, HONORABLE LUCIUS HR 291 --Commend --.-.,,---.---. ...._ 2326
BLAKELY HI FOOTBALL TEAM HR 145 --Congratulate ..._-......._..._-..........__....._.....-__..--...___.._._.-...___387
BLECKLEY COUNTY HB 540 --Sheriff's salary .._____....__-_1161, 1296, 1306, 1403, 1769
BLIND HB 600
INDEX
2767
--Georgia Cooperative Services for the Blind, Inc.; State Employees' Retirement System; credit for previous service ._..,1293, 1392, 1396, 1741, 2496
BLOOD - ALCOHOL TEST
HB 227
--Prime force in proving person driving under influence of alcohol ___----_._ -375, 413, 1034, 1857
BLOWPOSTS HB 586
--Railway; change location _----------...--__----_1168, 1301, 1396
BOARD OF DENTAL EXAMINERS
HB 112
--Revocation or suspension of licenses; additional grounds and causes ----------__.____.----168, 212, 902, 1446
BOARDS OF EDUCATION, COUNTY
SB 139 HB 360
--Local school systems; audit and check books ---------- ....----------.__-1613, 1644, 1673, 1676, 2403
--Two or more members may be selected from same militia district ----------------__.627, 641, 691, 994, 1679
BOARD OF EDUCATION, STATE
HR 216
HB 520
HB 407 HR 152
--Freeze salaries of certified personnel for next biennium _.____,,___.__.___--.__-___...--__._.__.__1204
--Integrated schools; report number of students attending ______ ___--._.___._---------------------.-..1022, 1171
--Teachers'work days; ratify------------------689, 750, 901 --Teachers'work day; rescind order requiring
200 working days --_----_------...------------------ 482
BOARD OF EXAMINERS OF PRACTICAL NURSES HB 646 --Increase per diem pay --.-------.1458, 1607, 1675, 1839, 2181
BOARD OF TRUSTEES OF THE JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM
HB 440 --Create ------------------..._----825, 899, 903, 1125, 1468, 1633
2768 BOATS
HB 394 HB 45 HB 48 HB 84
INDEX
--Georgia Motor Boat Numbering Act; extend renewal date of licenses ...--------..686, 748, 902, 1154, 1680
--Motor Vehicle Tax Law; refund on gasoline used by certain water craft ..--------79, 93, 700, 813, 2493
--Sales tax; exported equipment, additional exemptions ,,..-_..------------...._____.80, 93, 504, 587, 754
--Trailers; exempt brake requirements, 2,000 Ibs. or less ....______.120, 167, 502, 603, 1679, 1701, 1765
BOLTON, HON. ARTHUR K. --Administration Floor Leader; appointment of......._.._..._______ 24
BONDS HB 554
HB 423 HB 550 HB 414 HB 132 HB 106
HB 65 HB 130 HB 131
--Appearance; may not be forfeited if person unable to appear because of physical disability or incarceration .------------1164, 1177, 1298, 1441, 2046, 2068
--Bail; Judges'" discretion to refuse pending appeal of last conviction ._---__--------.--------------..747, 829, 1396
--Bail; misdemeanor cases; cognizance bonds from military personnel _------------.__.,,_._--1163, 1297, 1396, 1827
--Bail; number of times a person may give.----.... 745, 828, 1033 --Ordinaries; increase
amount.---.--------.--------..207, 262, 1035, 1278, 2298 --State Penal and Rehabilitation Authority Act;
bond limitation of ten million dollars ----......------------------......156, 211, 904, 2452, 2463 --Surplus Line Brokers; increase bond required.-.........-----101, 126, 1032, 1731, 2494
--Sheriffs; increase designated amount ____------------_,,..------....207, 262, 1035, 1274, 2180
--Superior Court Clerks; increase amount ..------------.....------..... 207, 262, 1035, 1276, 2180
BOYD, MR. DARWIN H., JR. HB 118 --Express sympathy for passing of ..._----_--__------__..289
BRAKES HB 246
--Motor vehicles; adequate to hold on any grade------407, 476
INDEX
2769
BEANTLEY COUNTY
HB 347 HB 679 HB 348
--Sheriff's salary--~-_-_-________ 540, 640, 698, 716, 1767, 1781 --Superior Court; terms._____..__^__.^-1668, 1759, 1763, 1894, 2303 --Treasurer's salary.............._.-_____........ 540, 640, 698, 716, 1188
BRAZELL, REV. LEWIS H. --Prayer offered by.---.__.______..__.__......._______.___..-....-...___............_..._._.. 73
BRIBES HB 343
--Honesty in Government Act; penalty to any person who offers a bribe to a state employee ..._........,,_.___.-_.___._.____,,.-.-.-......_...._ 539, 639, 904, 1012
BRIDGES
HB 289 --Closing for construction; barriers placed at either end of closed portion....._..._.___491, 541, 696, 782, 821, 940, 1096, 1270, 2044
HR 123-192--J. Cliff Kennedy-Reverend Reed B. Purcell; designate ..........._..._....._.........___,,....... 303, 379, 500, 564, 1471
HR 43-84 --Joseph B. Mercer bridge; designate ____ 121, 167, 311, 463, 2498
BRINSON, TOWN OF HB 323 --Elections, establish biennial....-.--- - 535, 636, 697, 711, 1610
BROKERS HB 256 HB 65
--Real estate; Licenses, reciprocal agreements and advertising-____..-408, 478, 834, 996, 1879, 2305, 2397
--Surplus line; licenses, increase bond required ....._.......-...-..........-........-101, 126, 1032, 1731, 2494
BROOKS COUNTY
HB 382
--Tax Commissioner, levy and collect tax _..._..-..._-..-...-.-._...-...............-__-__.631, 694, 753, 762, 1473
BROOKS, HON. WILSON --Assistant Floor Leader; appointment of.--...--..........--....._. 24
2770
INDEX
BROOKS, MRS. WILSON
HR 137 --Express congratulations _._.,,_.__-__.
385
BRUNSWICK CITY COURT HB 306 --Sheriff's deputies, salary...._..__._.___.___ 530, 634, 698, 708, 1186
BRUNSWICK, CITY OF
HB 237
HB 309 HB 28
--Brunswick and Glynn County Development Authority, define commerce __________ 405, 475, 502, 508, 834
--City Court, Judge's salary ______________ 531, 634, 698, 709, 1186 --Voting machines and vote recorders;
authorize use ___ __________ .__------_-75, 90, 131, 137, 831, 844
BRUNSWICK JUDICIAL CIRCUIT
HB 420
--Judge; supplement salary_____ ______746, 829, 961, 966, 1031, 1466, 1482, 1765, 2189
BRYAN COUNTY
HB 199 HB 198
--Ordinary's salary--------------304, 380, 382, 422, 833 --Tax Commissioner's salary___,,_,,__ 304, 380, 382, 422, 833
BRYAN, MARY GIVENS HR 101-133 --Authorize painting, portrait of..------208, 263, 959, 1100, 1470
BUDGET BUREAU
HR 163-315--Appropriation control; change provisions; amendment to the Constitution ______,,_...._........._......534, 635
HB 666 --Appropriations for Legislative Branch; clarify provisions _______._._.___________1606, 1672, 1675, 1825, 2299
HE 314 HB 25
HB 1 HR 306 HR 112 HR 247
HB 638
INDEX
2771
--Fiscal officers; working reserve, high and low income period. ___-.._ ......_....__,,.... ___________________________ 534, 635
--General Appropriations Act; provide for ............69, 84, 288, 324, 345, 395, 1031, 1048, 1072, 1096, 1193, 1220
--General Appropriations Act; supplement ____________________________ 23, 48, 49, 107, 110, 250, 251
--House Appropriations Committee;
amend HR 112 ________________________________________
2336
--House Appropriations Committee; relating to meetings, etc. for budget study._._......_.__...__.......... 254
--State Departments and agencies urged to economize and exercise extreme care in expenditure of State funds ____________________________________________ ...,,._________________________ 1692
--Supplemental appropriations for fiscal year ending June 30, 1966--................... _____________ ... 1387, 1463
BUFORD, CITY OF HB 669 --City Manager's salary....... ....... 1666, 1757, 1763, 1893, 2300
BUILDING AND LOAN ACT
HB 433
--Investment in real estate loans; 100 mile limitation _.__... 824, 898, 1465, 1823, 2495
BULLOCH COUNTY
HB 329 HB 330 HB 328
--Assistant to Superior Court Clerk, salary. ._....__._,,,,.__..____________________________ 536, 637, 697, 713, 1187
--Assistant Tax Commissioner, salary________________________.___..............__. ..._ 537, 637, 697, 713, 1187
--Sheriff's deputies' salaries _____________ 536, 637, 697, 712, 1187
BURGESS, J. HARVEY HR 79-120 --Compensate _._.____..___.162, 215, 499, 555, 1683, 1716, 2121, 2377
2772
INDEX
BURKE COUNTY HB 118 --Ordinary's salary.-.------....-.-.-----...161, 214, 289, 315, 833
BURNES, HON. N. N., JR. --Highway Board Member; election -------------------141, 142
BURTON, HONORABLE JOE N. HR 303 --Expressing appreciation to.--.--......--.----.--------.--2333
BUSBEE, HONORABLE GEORGE --Assistant Floor Leader; appointment of------------ ........... 24
BUSES, SCHOOL
HB 625 HR 139
--Motor Fuel Tax Law; refunds ___.___----.----...1385,1461 --Service to day students above high school level;
create committee to study........----------------------390
BUSINESS FIRMS HR 232 --Certain firms urged to reexamine personnel policies....--1326
BUTTS COUNTY
HB 425
--Commissioner of Roads and Revenues, create office....----------.----.-----_--.822, 896, 961, 965
BYINGTON, REV. WILLIAM --Prayer offered by.----.-------__----....--.------_--------1457
BYNUM, KNOX HR 250 --Commend ........--------------__ ..----------..___----.1695
INDEX
2773
c
CAIRO, CITY OP HB 147 --Off-street parking areas; authority ....261, 287, 289, 318, 703
CALHOUN COUNTY HB 690 --Sheriff's salary __.-.___________._____.____.1754, 1871, 2026, 2028, 2498
CALLAWAY, HONORABLE HOWARD "BO" HR 134 --Invite to address House _--.._.__-_-_...--...--......_....___._.-...._-.383
CAMDEN COUNTY HB 9 --Tax Receiver; place on annual salary ____65, 81, 131, 134, 2147
CAMPBELL, MISS ANNE HR 220 --Congratulate ,,__________________________._,,..._.__--__.______._______-____._____.__1207
CAMPBELL, REV. NORTON R., JR. --Prayer offered by ______________________________________________________________528
CANDIDATES
HR 133-230 --Write-in; require notice of candidacy; amendment to the Constitution __________________376, 414, 544, 666, 2250, 2284
CANDLER COUNTY HB 598 --Sheriff's salary -....-_..........______..._...1291, 1392, 1466, 1621, 2175
CAPITAL NOTES AND DEBENTURES
SB 55
--Banks and trust companies; authorized to issue ,,_-__________-__-__--_______-___-__-1309, 1327, 1395, 1465, 2247
2774
INDEX
CARDIAC CONDITION
HB 485
--Authorization to wear identification bracelet or tag _...____..________949, 1028, 1176, 1724, 2146, 2226
CARNESVILLE, CITY OF HB 204 --Reincorporate ._._......._____.._._._............_.__...305, 381, 383, 429, 642
CARNIVALS HB 96
--Service of process fee
.
...124, 170, 172, 245, 832
CARROLL COUNTY
HB 180 HB 179
--Commissioner's and County Attorney's
salary _.......___.____._...._...______.....__..._.....__.300, 377, 382, 430, 643
--Sheriff's salary
__
__ 300, 376, 382, 420, 643
CARROLLTON HI TROJANS HR 120 --Commend
..__--.__,,.,,.--,,_ ...-....._.._................ ..291
CEDARTOWN, CITY OF HB 609 --Tax millage rate, change ___._____.___1294, 1394, 1467, 1623, 1886
CEMETERY BOARD, STATE HB 523 --Create; designate perpetual care _ -
.,, 1023, 1172, 1676
CEMETERIES HB 199
--Milner Confederate Cemetery; Secretary of State authorized to employ caretaker ___.._.--..__..,,..--_......848, 900
CERTIFICATE OF TITLE ACT
HB 508 HB 618 HB 641
--Motor vehicles; delivery when being held by first security interest or lienholder ____1020, 1169, 1306, 1424, 2302
--Motor vehicles, wrecked or scrapped; cancellation of Certificate of Title _.._...._._____...1383, 1460, 1615, 1729, 2180
--Motor Vehicles; wrecked or scrapped; disposition of certificate __..-_.-..-_____...._.._._._____-....1388, 1464
INDEX
2775
CERTIFIED PUBLIC ACCOUNTANTS SB 65 --Certification; qualifications _..____704, 706, 752, 834, 991, 2494
CHAMBLEE, CITY OP HB 460 --Sanitary taxes; increase ___________.___891, 955, 1034, 1038, 1611
CHANCY, MRS. MERLE C. HR 25-43 --Compensate ________.__78, 92, 1175, 1199, 1681, 1708, 2120, 2377
CHAPEL OF ALL FAITHS HR 57-107 --Sales tax; suspend on equipment ----157, 211, 700, 777, 1400
CHAPLAINS, PRAYER OFFERED BY (See named Chaplain)
--Hughston, Dr. John W.-__.,,,,_,,,,_-_ ________________________..___._____..5 --Flournoy, Rev. W. W. -________.____.________________________________.____._.43 --Corley, Rev. William _._______.____.____________________________.__63 --Brazell, Rev. Lewis H. _.__._____.____.______________________________.__73 --White, Rev. Hubert A. ______.__________-_________________.__________________87 --Curruth, Rev. Carl _______________________ __,,__. _____ 95 --Preston, Rev. Ronald ___________________________________________________117 --DuVall, Rev. Don ________,,_______________.______________.___.____._______205 --Starling, Rev. Rudolph _________.___._______________________.____________153 --Green, Rev. George ---_________-_----_--__----_----_____________257 --Pirtle, Rev. Jon __________.._________.-______-__..___._______.______._.__.276 --Whiddon, Rev. L. R. __._.______.._____.__._.___.____._____.______......__299 --Sherill, Rev. Marion _________________-_.___.______________.._______._,,... 370 --Cribbs, Rev. Gilbert _______.____.______.___________..___________,,_.. __403 --Marshall, Rev. Sam _________________________-__________________469 --Tucker, Rev. Harold __.____..________-__._._-_____________________.._._490 --Campbell, Rev. Norton R., Jr.___________-____-________..____._528 --Baggett, Rev. Robert ______________.....-..-......._._........______....624 --Griffin, Rev. James __.___________.________________________________685 --Kitchens, Rev. William, Jr._.............__...._-_--.-__....______. ..743 --McDennon, Rev. Philo ______________________________________.___.__819 --Smith, Rev. Eddie L._______________-_-_--________.___..-_.___.888 --Kennerly, Rev. Byron ___________________.__-__________._________.._......._....948 --Storey, Rev. William E. ______.____-_-.__-__________.__________.___.1017 --Osbourne, Rev. Charles -----_--------------__----,,___________,,_ 1159 --Vines, Rev. Jerry _____________________________________________________.__.1285 --Self, Rev. William L. __________________.-_.____.______-_____.__________..1381 --Byington, Rev. William _______________--_-_________________1457 --Lord, Rev. Wade H. ____________________________________________._._______1599
2776
INDEX
--James, Rev. Bob .______----_____,,___--_________-_.__.__-_____________________1664 --Ernest, Rev. H. N. -..-.______.....-..-__-_......-_._-_.....-_-..___-...._._.....1750 --McDaniel, Rev. E. C. --...-.....-_-_...______-......__.___-......._._______1870 --Sanders, Rev. Max .---.-....____--.-.....__----...._._...,,.-..._,,__--__.._.2020 --Mitchell, Rev. Sam .._.____.._......__.___.........__......____._.....___.____2169 --Walker, Rev. Alastair C. ___.....__._...._._........._._.-.__._....____......2292
CHARITABLE ORGANIZATIONS HB 373 --Method for discharging existing trustees _-...______._.____630, 693
CHATHAM COUNTY
SB 58 HB 521 SB 169
--Board of Education, eligibility for reappointment __......_.__......_..___644, 648, 696, 835, 840, 1193
--County and City Board of Tax Assessors, create joint Board _______________.__1022, 1172, 1178, 1313, 2045, 2223
--Isle of Hope; create water, fire, sanitation and sewerage district _-.--....._,,._._....1766, 1773, 1875, 2025, 2039
CHATSWORTH, CITY OF
HB 398 HB 267
--Corporate limits, change .......__..._......__687, 748, 835, 837, 1474 --Mayor and Aldermen authorized to sell
certain land ._.,,.--.....____....-.-__...-..470, 494, 501, 550, 1185
CHATTAHOOCHEE COUNTY
HB 277 HB 109
--Board of Commissioners, Clerk's salary .__........_.__......._._......_..472, 495, 501, 550, 1472
--Sheriff's salary .....___...._..__-...._.._.._.....157, 212, 289, 313, 1182
CHATTAHOOCHEE RIVER BASIN DEVELOPMENT COMMISSION SR 82 --Commend .__.___..__.___,,.._-..____......_._..__,,--........______-....1685, 1696
CHATTOOGA COUNTY
HB 77 HB 78
HB 79
HB 76
--City Court; repeal Act establishing ..._________119, 166, 217, 221 --Clerk of Superior Court's compensation for services as
ex-officio clerk of City Court _._--_-_--_119, 166, 217, 221 --Consolidate offices of tax collector and receiver into
office of tax commissioner ____.--________.____129, 166, 217, 221 --Sheriff's compensation for services as ex-officio
sheriff of City Court _....__..._...._......___.....118, 165, 217, 222
HB 75
CHECKS SB 2
INDEX
2777
--Tax Collector's salary ___.__.....________....____.___........118, 165, 217, 222
--Georgia Sale of Checks Act; license required of business selling for a fee ________._.__.____700, 704, 750, 960, 1150
CHENEY, HONORABLE WYLIE 0. HR 266 --Express sympathy for passing of ....__.__._ 1927, 2308
CHEROKEE COUNTY
HR 122-192 --Authorize conveyance of certain State property ___________________ _......___.__.__303, 379, 699, 811, 1400
HB 143 --Establish law library _______ ___.__..___.________260, 286, 479, 480, 1183 HB 187 --Ordinary's salary _______..________________.___.302, 378, 501, 504, 1183 HR 48-87 --Relating to conveyance of certain state-owned
property _____________________________..______.---122, 168, 699, 784, 1190
CHEROKEE HI BASKETBALL TEAM HB 285 --Commend _._.__.._._.__._____.__.______________._.____._____._-...__.____________________.__.2321
CHEROKEE HI WARRIORETTES HB 299 --Commend _ ...
_....- ______ 2331
CHILDREN (See Minors)
HB 44 HB 60
--Abuse; certain persons required to report ..........79, 93, 905, 1003, 1400, 1415, 1468, 1642, 2012, 2046
--Aid to Dependent Children Act; change age limit _____._,,___....______..._________99, 125, 1879
CHILDREN AND YOUTH ACT SB 163 --Licenses; rules and regulations _________ ____2146, 2150, 2171, 2294
CHURCHILL, SIR WINSTON HR 129 --Express sympathy for passing of ........._........_.._._________322, 415
2778
INDEX
CIGARETTES (See Taxation)
HB 537 HB 16
--Excise tax; certain changes _________..._____________._________1160, 1295 --Manufacturer's serial or code numbers; unlawful to
remove or obliterate _______._________________67, 82, 171, 228, 479
CIGARS (See Taxation)
HB 537 HB 16
--Excise tax; certain changes ____._________.____________._____1160, 1295 --Manufacturer's serial or code numbers; unlawful to
remove or obliterate ___._-__________________67, 82, 171, 228, 479
CIRCUSES HB 96
--Service of process fee ______..__.__._____________.124, 170, 172, 245, 832
CITIZENS BAND RADIO STATIONS HB 216 --Motor vehicle license plates; call letters ,373, 411, 502, 580
CITY COURTS
HB 166
--Pretrial and trial procedures in civil cases; modernize _______-__..__.___._______._______._.____.282, 309, 312, 488, 586
CIVIL DEFENSE, GEORGIA HB 259 --Special license plates _____________________________________________ __________409, 478
CIVIL AND CRIMINAL PROCEDURE
HR 22 HR 182
--Create committee to study ,,____..____..._. ... .........______71, 104, 149 --Create Committee to study . ........ ._,,_________. _.__._____722, 961, 977
CLAIMS ADVISORY BOARD
SB 91 SB 195
--Time limitation on filing notices of claims and introduction of resolutions __.... 1401, 1402, 1465, 1677, 2232
--Unlawful to receive any fee, money, gift, or any other renumeration __________________ 1772, 1889, 2022, 2294, 2414
CLARK, HONORABLE JOE T. HR 158 --Congratulate
_.-.-.._.._..-... 485
INDEX
2779
CLARKE COUNTY HR 149-276 --Conveyance of certain land __.__.____..____.____...._.._______________.472, 495
CLAY COUNTY HB 493 --Sheriff's salary ________.._____.___.__..___.__.___.______..___________951, 1029, 1198
CLAYTON COUNTY
HB 40
--Adopt traffic ordinances and regulations ______________ ...............
77, 91, 131, 140, 273
CLERK SUPERIOR COURT
HB 131 HB 223 HB 169
HB 224
--Bonds; increase amount .__._.............. 207, 262, 1035, 1276, 2180
--Place upon an annual salary
...... 374, 413
--Redefine fees for record of
transmission __________________.282, 309, 312, 590, 739, 1468, 2424
--Storage of materials; increase distance from
courthouse ..._....-__.._............_.....374, 413, 503, 574, 2250, 2419
CLIFTON, C. R. HR 70-117 --Compensate ___.._..__.. 161, 214, 499, 555, 1682, 1715, 2121, 2377
CLINCH COUNTY HB 575 --Sheriff's salary ______._._..___.___.._........1288, 1390, 1397, 1479, 2175
CLOUD, HUBERT C. HR 75 --Express sympathy for passing of .........................................147
COBB COUNTY
HR 21-27 --Approval by voters of incorporation of territory; amendment to the Constitution ......--.75, 90, 131, 174, 2177
HB 380 --Board of Commissioners of Roads and Revenues, meetings ....___.___....._._.__________.____.631, 694, 753, 762, 1608, 1638
HB 286 --Civil and Criminal Court, extend jurisdiction .______.__.__________.__.___.474, 496, 501, 548, 1883, 2194
HB 391 --Cobb-Marietta Water Authority, membership .................._.._................ 686, 747, 835, 836, 1474
2780
INDEX
HB 379 --Comptroller's duties _..__......................631, 694, 753, 762, 1473 HR 239-659 --Conveyance of certain State property _.___._.__1603, 1671, 2025 HE 210-558 --Convey certain property for site of Georgia Air
National Guard Armory ......_._1165, 1299, 1467, 1727, 2302 HB 431 --Failure to return land for taxation; return made
previous year shall be used __,,_--____.823, 897, 903, 965, 1884 HB 475 --Law library; establish and
maintain __.____________________________894, 956, 1175, 1310, 2438, 2447 SB 127 --Board of Education; authorized to enter into contracts
for certain group insurance __1612, 1644, 1673, 1878, 2038 HB 429 --Penalty of 10% of tax due shall accrue on taxes not
paid before delinquent ..-_.__....-___.___823, 897, 903, 964, 1884 HB 428 --Personal property taxation returns --.823, 897, 903, 963, 1884 HB 430 --Property tax; certain penalties assessed for
failure to return _______.__.__________._________823, 897, 903, 964, 1884
COBB JUDICIAL CIRCUIT
HB 474 SB 183
--Official Court Reporters; authorize employment ._.__..-.........-..._........__894, 956, 1675, 1817, 2496
--Solicitors-general, additional assistant ________________________.___________.1771, 1888, 2022, 2173, 2181
COFFEE COUNTY
HB 439 HB 437
HB 326
--Certain officials, salaries __________-___.__-825, 898, 961, 971, 1190 --Chairman, Board of Commissioners,
salary .__.........__._.__.___.________......_....__.___.824, 899, 961, 970, 1190 --Civil actions; advance court costs deposited
with clerk ___.__..___.._.........._....__........._.._536, 637, 697, 712, 1186
COKER, HONORABLE GRADY N. HR 263 --Commend ,,.....,,_.-..
.._._...._.-1924
COLBERT, CITY OF HB 156 --Create new Charter __........_._ ..........__......280, 307, 382, 417, 703
COLLEGE PARK, CITY OF
SB 79 SB 80
--Alternate pension plan for employees .___._....._.-.....___....-__..____..-701, 705, 751, 1178, 1315
--Employees' pension benefits ___.701, 705, 752, 1763, 1900, 2250
INDEX
2781
COLQUITT COUNTY
HB 409
HB 364 HB 365 HB 390
HB 363
--Board of Commissioners, Chairman's bond -_....-__...............__..______.....,..-..__._689, 750, 835, 839, 1474
--City Court, clerk's bond ....__..___._.-.........628, 692, 753, 759, 1473 --Ordinary's salary ....___._............_...__.._._628, 692, 753, 760, 1473 --Small Claims Court; clarify rules
of practice .-______...................___._........685, 747, 835, 836, 1474 --Tax Commissioner's salary __________._________________628, 691, 753, 759
COLUMBIA COUNTY
HB 303 --Board of Commissioners, Chairman and Executive Officer's salary ___.___._________._..__.530, 633, 698, 707, 1181, 1212
HB 302 --Certain officials, compensation _______..._.__..,,___530, 633, 698, 707, 1181, 1211
HR 159-303 --Superior Court Clerk; furnish certain law books .._._...____._____.._____..______._.__..__..__530, 633, 959, 973, 2044
COLUMBUS, CITY OF
HB 368 SR 33
--Commission member's salary __.__________629, 692, 753, 760, 1188 --Easement of certain property ____._____.._479, 480, 497, 699, 801
COMMERCE, CITY OF
SB 191 SB 168 SB 211
--Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment ._--_.____1881, 1889, 2023
--Certain officials, shall hold office until removed for cause .,,____________.1766, 1773, 1875, 2295, 2308, 2440
--First and Second Wards, change territory ....2145, 2149, 2170
COMMERCIAL FEEDING STUFFS
HB 73
--Inspection fee; change amount ._..._......-.._..._......_......118, 165, 504, 729, 1400, 1639
COMMERCIAL WEIGHERS
HB 677
--Corn or small grain; licensed by Department of Agriculture __._.._._.....___........_._...._..1667, 1758
COMMUNICATION SYSTEMS
HB 589
--Device to conceal existence of place of origin or desination of message; prohibit use ________._____.________1289, 1391, 1614, 1821, 2175
2782
INDEX
COMMISSIONS (See Committees; named Commission)
SR 67
--Alcoholism Study Commission; create .._......__.._._.____._...__._____________..1469, 1646, 1675, 1879, 2163
SR 52
--Agricultural Commodity Commission; General Assembly delegate power to; amendment
to the Constitution --
_ _.,, 906, 906, 958, 958, 1144
SR 82
--Chattahoochee River Basin Development Commission; commend ---------------------....-1685, 1696
HR 170-372 --Columbus-Muscogee County Port Development Commission; create; amendment to the Constitution ..................630, 693, 961, 1085, 1090, 2146, 2224
HR 153
--Council of State Governments requested to create Interstate Commission to study education ............. ..... 483
HB 269
--DeKalb County Local Government Commission; establish _.......___.__.. ........._.....................471, 494
HB 99 --Ethical Standards Commission; create ..............._.... ..154, 209
HR 248
--Fulton-Atlanta Court Study Commission; commend ............------------...----
-1693, 1880
SB 159
--Georgia Historical Commission; Secretary of the Board of Commissioners; salary _....._._.1613, 1645, 1674, 1878, 2138, 2170, 2230, 2237, 2298
SB 7 --Georgia State Scholarship Commission; create .. 700, 704, 751, 962, 1103, 1134, 1194, 1939, 2119, 2363, 2381
HR 237-656 --Local Government Commission; establish in Atlanta and Fulton County .__,,_...__.. 1602, 1670, 1677, 1780
HB 57
--Mineral Leasing Commission; increase membership _._...... 89, 103, 503, 804, 1684, 1950, 2002, 2062, 2153, 2168
HB 322
--North Georgia Mountains Commission; reduce number of members ---.-.......535, 636, 834, 989, 1400, 2228
SB 33
--Planning Commissions; counties and municipalities; create locally-----------1191, 1194, 1302, 1677, 2157, 2298
HB 313
--State Commission on Aging; member from Field of Nursing Home ----------,,.------------533, 635, 641, 722
HB 107
--State Properties Acquisition Commission; create . ------------156, 211, 503, 664, 699, 807, 2045, 2393
HB 290
--State Real Properties Control Commission; election of one member from each House to be elected biennially --------.__.___..--491, 541, 699, 809, 2494
HR 165
--State Real Properties Control Commission; election of Thomas B. Murphy as member -------------- --_...-__..514
INDEX
2783
COMMISSIONERS, COUNTY
SR 43
--Redefine power of General Assembly relative to creating; amendment to the Constitution --.756, 757, 830, 1177, 2273
COMMITTEES
HR 272 --Ad valorem property tax; create to study ----_--------....1937
HR 115 --Appropriations Committee; adjournment for budget
study, Friday, January 22, 1965 --.------....- 270, 271, 275
HR 121 --Centrally located State, interagency motor pool;
create to study .................___________________________________________292
HR 182 --Civil and Criminal Procedure; create
Committee to study _...__..._..._..____--------__..------.722, 961, 977
HR 22 --Civil and Criminal Procedure; create to study _--71, 104, 149
HR 253 --Cost of patient care in public hospitals and
institutions; create to study _._.------------1699, 2174, 2342
HR 238-657 --Costs incurred by State and local governments
in operating public schools; create to
study ........_...1603, 1671, 1678, 1836, 2251, 2278, 2297, 2344,
2360, 2419
HR 264 --Create to study entire field of State and local tax ------.1925
HR 230 --Day nursing program in Georgia; create to study ------1324
HR 271 --Economy, Reorganization and Efficiency in State
Government; create committee to study
recommendations -__._______________,,____._____________._ .____,,__.__. .... --.1936
HR 156 --Election Laws Study Committee;
create .............____...487, 497, 835, 993, 2429, 2429
HR 292 --General Assembly, compensation and expenses of
members; create to study _______________________________________ ____._____2326
HR 260 --Highway construction and maintenance; create
to study distribution of funds ...,,.___.____.....___.___....... ....1922
HR 306 --House Appropriations Committee; amend HR 112 ........2336
HR 112 --House Appropriations; relating to meetings, etc.
for budget study --
--._--_----___--_---- -- ... ...----254
HR 113 --Home Rule for Counties; amend HR 50 creating
Committee to study .______----_--,,..._......_,,__----------------269
HR 50 --Home Rule for Counties; create Committee
to study _-_.-_------------------....____._.___.__--------114, 173, 254
HR 147 --Indigent Defendant Study Committee;
create ___.______._____-------__---- ....393, 415, 961, 976
HR 169 --Industrial Safety Committee; create ------------------....__ .559
HR 255-582 --Industrial safety; create to study ........ .......... .----------1759
HR 39 --Inspection of Motor Vehicle Act;
create to study ._------------.______,,__.._..------------106, 173, 255
SR 64 --Interim Scholarship Study Committee;
create ------_----------------__..__1469, 1645, 1675, 1879, 2142
HR 231 --Minimum Foundation Program of Education Act;
local financial ability; create to study best
method of calculating _-------..----------..--.....----------1325
2784
INDEX
HR 139 --School bus service to day students above high school level; create to study ______------,,__------_--_----..390
HR 141 --Sex crimes and offenders; create to study problems, laws and procedures _____.______392, 415, 961, 1203, 2178, 2210
HR 225-612 --Special Fire Insurance Committee on Underwriting
HR 283
Practice; create _._1295, 1394, 1764, 1959, 2251, 2276, 2297 --Special Fire Insurance Committee on Underwriting
Practices; create ......,,.__..,,_--_._-____--.--.__....,,-----.._--..-.2319 HR 173 --Statewide Plumbing and Electrical Code; create to
study establishment ........._._-...-___.._____.___.....563, 1678, 1934 HR 240-665 --Tax laws; create to study feasibility of
revising .........___....____........1606, 1672, 1764, 2003, 2304, 2388 HR 305 --Tax structure, State and local; create to study _..____.___._2335 HR 257-696 --Taxation on rural lands; create committee
to study ___.-.._._......._.___.___.....-.-.__-..___-..........._____.____.1755, 1872 HR 205 --Teachers' Salary Study Committee; create ._..__.._..............978 HR 206 --Traffic safety; create committee
to study ._._._.___-__-__.____.______-978, 1030, 1307, 1320, 2432, 2436
HR 140 --Twelve month school year; create to study _____ 391, 2295, 2343
HR 252
--University System of Georgia; create to study administration of rules in dormitories ......_...--...____________1698
HR 104
--Veterans Administration Domiciliary; create to study closing at Thomasville, Georgia __________--_.._....._......203
SR 96 --White County; establishment of old courthouse as a
historical monument or State Park; create to study ---.--_.-_------2147, 2150, 2171, 2294, 2410, 2500
COMMITTEE REPORTS (INTERIM) (See Named Committee) Barber Study Committee _..________.--...._________-__----.-.--.-....-----_--._.__._.......__._...2548 Consumer Credit ...._..,,.._.._._----..._..______ ._.._____.__...__,,____.._.__.._.._.._____._.___.2594 County Matters Study Committee.._...______._.______..._._..._.........................._._........2701 Employees Retirement System ...._._.-_______......_.._._,,--...._...._.__..__....._--______...___.2664 Ethics, Proposed Code of_-_~~~__-___--~--~_-~~__~~_-.-_.~__..._..~~2584 Farms, State; Committee to Study _.,,._....._._..._..._._.,,._..__.._....___. 2590
INDEX
2785
Game & Fish Laws --.............................-._...__..__,,..._.._._._____________..____......._._______2580
Governor's Honors Program ................_....__.._.___......._.___............___............2689
Industrial Safety Committee .-.....-.........-.--.....-_-__.-__........_...,,_._........_._____...__2637
Interstate Cooperation, Georgia Commission on........_..,,.._._.._.._..........__._...2645
Motor Vehicle Inspection Law _._.._._.._,,._,,.....,,...........................______.___.__.__..-2583
Municipal Study Committee ...............-.......-..__..__--.___,,____.......-._-.-.._..____...__.__... 2562 Osteopathic Profession ....-..--..-._..-._..----._....................................................... 2667 Parks Property, State ................................_............_..........._......... _...._..____....__.2501 Roll Call Machine Recorder _.._.._..._....._._,,...._.._.._.._.....,.._...._...._....______...2644 Salaries, Uniform in State Government..--.--------------------_________________........ 2574 School Bus Transportation .___.______._________________________.___._._...________....____..._.,,__._ .2711 Scientific Research and Development .............______.__..._-____..__._...__._._.2504 State Ports Facilities ._._..__.._._____.__._______________________..._______________________.________._2660
Stone Mountain Memorial Association.............._.._.__.._.................._.....,,.. 2613
University System of Georgia._.....____..._....._______._____________._________.2610
Welfare, Public .........----___.............._..............__.__..........._.._.............2577
2786
INDEX
COMMITTEES, STANDING --Assignment of House Committees
COMMUNICATION SYSTEMS
HB 534
--Unlawful to avoid or attempt to avoid charges by fraudulent device ._____..-________..___1026, 1174, 1177, 1818, 2174
COMPENSATION (Resolutions authorizing) (See Named Person)
HR 46-84 --Aikens, Lee; compensate .._._-_-...--..._-.-__..._._._..___..._.__________121, 167 HR 94-123 --Beaty, Dwight M., Jr.;
compensate .............164, 217, 499, 558, 1684, 1723, 2122, 2377 HR 85-121 --Bembry, Hiram; compensate _...............163, 216, 499, 557, 1683,
1720, 2122, 2377 HR 67-117 --Bevill, Odis E.; compensate .... 160,214,1675,1779,2304,
2380 HR 79-120 --Burgess, J. Harvey;
compensate ___...____. 162, 215, 499, 555, 1683, 1716, 2121, 2377 HR 25-43 --Chancy, Mrs. Merle C.;
compensate ......... 78, 92, 1175, 1199, 1681, 1708, 2120, 2377 HR 70-117 --Clifton, C. R.; compensate ___.___._...__.... 161, 214, 499, 555, 1682,
1715, 2121, 2377 HR 17-25 --Cook, L. H.; compensate ..._.__..___.70, 84, 1675, 1776, 2304, 2378 HR 78-120 --Couch, Mrs. Emma C.;
compensate ....... 162, 215, 959, 1074, 1683, 1717, 2121, 2377 HR 84-121 --Craig, T. W.; compensate .......... ....... 163, 216, 499, 556, 1683,
1720, 2122, 2377 HR 26-43 --Darnell, Grover J.;
compensate --............78, 92, 499, 553, 1681, 1708, 2120, 2377 HR 54-101 --Durden, Henry W.; compensate .............. 155, 210, 1675, 1778,
2304, 2380 HR 53-99 --Dysart, Frank C.;
compensate ___........ 154, 209, 499, 555, 1682, 1713, 2121, 2377 HR 33-61 --Emory, Leilia; compensate ........___.___.___._.........._..._____.___.100, 125 HR 34-61 --Emory, Lula; compensate _._.__........_.__._...._........._..........100, 125 HR 86-121 --Evans, Mr. and Mrs. Albert
compensate __..___.........163, 216, 1175, 1201, 1683, 1721, 2122, 2377
HR 40-84 --Pondren, Miss Kay; compensate ..........120, 167, 499, 553, 1682, 1710, 2120, 2377
HR 45-84 --Forsberg, E. C. A.; compensate ............120, 167, 499, 533, 1682, 1711, 2120, 2377
HR 41-84 --Ginger Salads, Inc.; compensate ._______..120, 167, 499, 533, 1682, 1711, 2120, 2377
HR 55 101 --Goode, Mr. and Mrs. Guyton E.; compensate ........................... 155, 210, 1675, 1778, 2439, 2444
INDEX
2787
HR 89-123 --Graham, Edward F.;
compensate ........____.164, 216, 499, 557, 1683, 1722, 2122, 2377
HR 68-117 --Grogan, Jack D.;
compensate .._..______. 160, 214, 959, 1072,1682,1714, 2121, 2377
HR 20-27 --Hamby, Hov/ard H., Sr.; compensate ........... ......... 75, 89
HR 91-123 --Hill, Wilma C.; compensate ______._..__._......._.__.__..______.________._...164, 217
HR 77-120 --Holland, H. C.;
compensate __..._.... 161, 215, 499, 555, 1682, 1716, 2121, 2377
HR 31-56 --Home, John B.;
compensate _..___..__..__.__.__._.. .....89, 103, 1675, 1777, 2304, 2379
HR 49-87 --Jones, Seaborn;
compensate ......... 122, 168, 499, 554, 1682, 1713, 2121, 2377
HR 59-112 --Jones, Mrs. Thomas B.; compensate ...._..__...._..... 158, 212, 499
HR 82-121 --Juhan, Arthur;
compensate .......... 162, 215, 499, 556, 1683, 1718, 2121, 2377
HR 18-27 --Keller, Walter L.;
compensate .__.___._ ......74, 89, 499, 552, 1681, 1706, 2120, 2377
HR 35-61 --Kelly, Mrs. Nelly; compensate ........... ..... ............ - .... 100, 125
HR 92-123 --Kinnard, Charles N.; compensate .......___.............. ....... 164, 217
HR 42-84 --Lee County Board of Education;
compensate .......... 120, 167, 499, 554, 1682, 1711, 2120, 2377
HR 27-84 --Looney, George M.; compensate -...._.......---............_.--...78, 92
HR 69-117 --McCorkle, H. F.;
compensate ........161, 214, 1175, 1200, 1682, 1715, 2121, 2377
HR 44-84 --Mowry, Minnie B.; compensate ______________________________......121, 167
HR 81-121 --Murr, Jack; compensate ...................................... 162, 215, 1675
HR 13-21 --Oemler, Mrs. Isabelle C.; compensate ..__._...._.68, 83, 1675, 1776
HR 93-123 --Phillips, Eulalie; compensate ......_...._.______.__...................164, 217
HR 80-120 --Phillips, Paul E.;
compensate ........162, 215, 959, 1076, 1683, 1718, 2121, 2377
HR 19-27 --Pitts, Cliff; compensate ________________74, 89, 499, 552, 1681, 1707,
2120. 2377
HR 63-112 --Pless, Talmadge; compensate ....................______.____.___.___ .159, 213
HR 88-121 --Ray, David O.; compensate ........_..___..............._.............153, 216
HR 87-121 --Ray, Mrs. Venta L.; compensate
........_._....._._...... 163, 216
HR 83-121 --Roberts, Ted; compensate ............162, 215, 499, 556, 1683, 1719,
2121. 2377
HR 90-123 --Ryder Truck Rental, Inc.;
compensate ........... 164, 216, 499, 557, 1683, 1722, 2122, 2377
HR 61-112 --Shedd, Donald H., Sr.; compensate ......................... ..... 158, 212
HR 95-123 --Stewart, Jet; compensate -_--------__________.._.......................165, 217
HR 32-58 --Suit, Mrs. Mack;
compensate ....... 99, 125, 1175, 1200, 1682, 1709, 2120, 2377
HR 10-2 --Sweet, Steve; compensate ............47, 70, 1675, 1776, 2304, 2378
HR 51-99 --Tarleton, William M.; compensate .................154, 209, 1675, 1777, 1779, 2438, 2444
HR 64-112 --Vaughan, Loyt; compensate ............................................159, 213
HR 60-112 --Watson, Charles; compensate .................................158, 212
HR 62-112 --Worley, Howard; compensate ....................................... 158, 212
2788
-
INDEX
HE 29-47 --Wynn, C. Doston; compensate ._....______ 79, 93, 1175, 1199, 1681, 1709, 2120, 2377
CONASAUGA JUDICIAL CIRCUIT , HB 479 --Change terms
,, 895, 957, 1178, 1197, 2496
CONDEMNATION PROCEEDINGS
HB 471
--Single in rem action if ownership of two tracts of land identical .....-...-..___. . _...... 893, 956, 960, 1132
CONFEDERATE CEMETERIES HR 199 --Secretary of State authorized to employ caretaker 848, 900
CONFLICT OF INTEREST
SB 51
--County Officials; penalties in certain counties -.__.......___.._.__.._..........____._____644, 648, 696, 1677, 2045
CONGRESS; MEMORALIZE
HR HR HR HR ''' SR
135 --Apportionment; expressing support of proposed amendment to United States Constitution _-.__..________,,____. 383
9-2 --Constitutional Convention to propose amendment to United States Constitution; urged to call relative to apportionment .__._...._.._________._._......47, 70, 130, 179
47-87 --Constitutional Convention to propose amendment to United States Constitution; urged to call relative to apportionment .______-_______....._.___-122, 168, 173, 224
128-212 --Constitutional Convention to propose amendment to the United States Constitution; urged to call relative to apportionment ....._____. 372, 411, 500, 605, 1680
14 --Constitutional Convention to propose amendment to United States Constitution; urged to call relative to apportionment ....415, 416, 478, 1177, 1972, 2119
CONGRESSIONAL DELEGATION FROM GEORGIA
SR 82 SR 30
--Chattahoochee River Basin Development Commission; urged to support .......--.--..._---..1685, 1696
--Petition to enact legislation relative to
HR 126 HR 245
HR 214 HR 200
INDEX
2789
purchase of antibiotics from patent owners ._..___,,_____--.___.,,_._______1469, 1645, 1674, 2294, 2408 --Taft-Hartley Act; request to continue in full force ____-..___-___.____......._...._----_.._-_.__321, 1396, 2339, 2499 --Urged to assist Lockheed Georgia Aircraft Corporation in securing Air Force C-5A Transport Contract __._------__-__.________,,____--.--.----...--___1691 --Urged to oppose Medicare; support "The Eldercare Act of 1965" ------ ----------.__._----------..1201 --Warsaw Convention; urged to renunciate . 849, 961, 975, 1471
CONSTITUTIONAL AMENDMENTS
HR 234-648 --Ad valorem property tax; timber, farm, agriculture products; classify certain lands --. 1458, 1607
SR 40 --Ad valorem tax; certain personal property, domestic animals; exempt ___........__________.....1767, 1774, 1876
HR 174-392 --Apportionment; legislative power vested in a unicameral legislative body _______......,,------------.686, 747
HR 226-627 --Apportionment of House of Representatives; political subdivisions on equitable basis --1385, 1461, 1465
HR 163-315 --Appropriation control; change provisions ,,_.--,,.--.._..534, 635 HR 223-600 --Baker County Industrial Development
Authority; create -,,___--.______. 1293, 1393, 1677, 1906, 2499 HR 102-133 --Berrien County; ad valorem tax for expansion
of new industry .___.._..................----.208, 263, 382, 448, 2177 SR 52 --Agricultural Products; General Assembly delegate
power to any Agricultural Commodity ---906, 906, 958, 958, 1144
HR 21-27 --Cobb County; approval by voters of
incorporation of territory _._______________.75, 90, 131, 174, 2177
HR 170-372 --Columbus-Muscogee County Port Development
Commission; create .....630, 693, 961, 1085, 1090, 2146, 2224
HR 167-354 --Cook County Industrial Development
Authority; create _.___..._..............._..___.626, 690, 903, 916, 2177
HR 116-149 --Counties, municipalities; enact planning and
zoning ordinances _.----
..-.278, 306, 641, 726
HR 132-229 --Counties, municipalities; repair of certain property _.__....___________--.-....._------___....---- 375, 414, 545, 650
SR 43 --County Commissioners; redefine power of General Assembly relative to creating ._.._______.756, 757, 830, 1177, 2273
HR 131-218 --County Surveyor; abolish office .__..__.....__-....-..--.373, 412, 905
HR 258-703 --Crawford County Board of Education; appointment of school superintendent __._..........._.... ..-..1757, 1873, 2026, 2035, 2500
HR 235-652 --Echols County Board of Education; appointment of members ........___.._..______------__. 1601, 1669, 1677, 1912, 2499
2790
INDEX
HR 161-313 --Echols County Development Authority;
create
.......
534, 635, 961, 1078, 2177
HR 204-521 --Exempt farm and agricultural implements
from ad valorem tax _----__.. ....... __.._..._..._........ 1022, 1172
SR 84 --Fannin County School Superintendent;
election -------------_.__........ ......2146, 2149, 2171, 2295, 2312
HR 186-439 --Freeholders only may vote in bond
elections ---- ,,.._.........._....-- ...----.-- _ .. .... .....825, 899, 903
HR 142-244 --General Assembly; compensation and
allowance of members ..... . ... ... ... .._--_--.._._... ..406, 476
SR 7 --Home Rule for Counties; provide ................755, 757, 830, 1177,
1338, 2239, 2305
HR 23-43 --Home Rule for Counties; provide ..... 78, 92, 500, 606, 609, 625
HR 14-21 --House of Representatives; provide for apportionment - 68, 83
HR 107-138 --House of Representatives; provide for
apportionment ._..____...._._.___._._.._..____._...._..... ........ .... 259, 285
HR 127-212 --Judges, Court of Appeals, Superior Courts;
Justices, Supreme Courts; Solicitors-General,
Superior Courts; Attorney General; qualifications;
amendment to the Constitution ....__....__..... ...... ..372, 411
HR 177-407 --Lieutenant-Governor; additional duties in
connection with Department of Industry
and Trade .-....__............--......--------.. . ............... ... . 689, 750
HR 184-423 --Madison County Industrial Development and
Building Authority; create .
747, 829, 903, 909, 2178
HR 193-475 --Marietta, City of; levy of additional taxes for
educational purposes ............. .-894, 957, 1034, 1092, 2306
HR 65-112 --Marion County; Board of Education; election
of members ............... ..... ... ... ...... .. 159, 213, 382, 436, 2499
HR 236-654 --Miller County Development Authority;
create .-.--.-....... .... . 1602,1670,1677,1915,2500
HR 105-133 --Pierce County Industrial Development and
Building Authority; create
208, 263, 382, 440, 2177
SR 42 --Powers of county governments; change
provisions .__.....___................. 755, 757, 830, 1177, 2256, 2306
HR 194-478 --Publication of notice, local legislation; additional
methods ...... . .. ........ .. .... . .. ....-- --..895, 957, 1033
HR 117-149 --Savannah District Authority: change name to
"Savannah Port Authority" - 278, 300, 306, 382, 431, 963
HR 209-557 --Self-government, certain counties; authorize
General Assembly to provide .. .. . ....._,, . . 1165, 1299
SR 37 --State Senators; provide for four year
terms ----._...._.---- ..... . ------............. . .........1685, 1774, 1876
HR 212-569 --Tax levy for education; change millage
limitation __.._.... ..__------...._---------- ..............__........1167, 1301
HR 213-569 --Terrell County; Board of Education members,
School Superintendent; election ....... 1287, 1389, 1397, 1628,
2499
SR 75 --Tift County Development Authority; tax levied
for creating a fund ...... .........1771, 1889, 2022, 2173, 2183
INDEX
2791
HR 133-230 --Write-in candidates; require notice of candidacy ..,,...._.....--__-__.___.-.-.....376, 414, 544, 666, 2250, 2284
CONSTITUTION OF THE UNITED STATES
HR 135 --Apportionment; Amend U.S. Constitution;
expressing support of proposed amendment
383
CONSTITUTIONAL CONVENTION
HR 47-87 --Congress urged to call to propose amendment to United States Constitution relative to apportionment _.__...............___.._.._._._...__.___.____ 122, 168, 173, 224
HR 9-2 --Congress urged to call to propose amendment to United States Constitution relative to apportionment __________-_.--_..._______._.._....________._.47, 70, 130, 179
HR 128-212 --Congress urged to call to propose amendment to United States Constitution relative to apportionment .....__._..._._... ...... .......... 372, 411, 500, 605, 1680
SR 14 --Congress urged to call to propose amendment to United States Constitution relative to apportionment ....................... 415, 416, 478, 1177, 1972, 2119
CONSUMER CREDIT
Interim study committee report -
2594
CONTRACTS HB 292 HB 275
--Conditional sales for personal property; certain minors may execute .................. ........491, 541, 834, 986, 2301
--Unethical selling techniques; unlawful - -- -472, 495, 503, 615, 1308
CONVENTION
HR 9-2 --Constitutional; Congress urged to call to propose amendment to United States Constitution relative to apportionment .........47, 70, 130, 179
HR 47-87 --Constitutional; Congress urged to call to propose amendment to United States Constitution relative to apportionment .. 122, 168, 173, 224
HR 128-212 --Constitutional; Congress urged to call to propose amendment to United States
2792 SR 14
INDEX
Constitution relative to apportionment .372, 411, 500, 605, 1680
--Constitutional; Congress urged to call to propose amendment to United States Constitution relative to apportionment ________.415, 416, 478, 1177, 1972, 2119
CONVICT LABOR HB 542 --Use by State Highway Department .__.--------1161, 1296, 1396
COOK COUNTY
HR 201-485 --Conveyance of certain state-owned property --_--_._950, 1028, 1467, 1656, 2306
HR 167-354 --Cook County Industrial Development Authority; create; amendment to the Constitution _______626, 690, 903, 916, 2177
COOK, L. H. HR 17-25 --Compensate . .
_____.... 70, 84, 1675, 1776, 2304, 2378
COOPERATIVE MARKETING ACT
HB 488
--Election of officers from and by others than
Directors -_--...____.._....
950, 959, 1028, 1280, 1680
COOPERATIVE SERVICES FOR THE BLIND, INC., GEORGIA
HB 600
--State Employees' Retirement System; credit for previous service ...__.._.__.._ 1293, 1392, 1396, 1741, 2496
CORDELE, CITY OF
HB 462 HB 624 HB 184
--Change form of government ------ 892, 955, 1033, 1042, 1611 --Conveyance of certain property ... 1385, 1461, 1466, 1618, 2176 --Qualification of voters -.-----_..__ 301, 377, 382, 421, 642
CORLEY, REV. WILLIAM Prayer offered by -- .__...,,.....-----_----.__.----------------..----------63
CORN HB 677
INDEX
2793
--Commercial weighers; licensed by Department of Agriculture .........................._._____________.____....________.___1667, 1758
CORNELIA, TOWN OF HB 121 --Division of wards .___.__.____....___._...............162, 215, 289, 315, 1609
CORONERS HB 41
--Change compensation, certain counties --77, 91, 312, 424, 702
CORPORATIONS
HB 366
HB 468 HB 241 HB 91 HB 561 HB 491 HB 155 HB 154 HB 151 HB 150 HB 15 HB 250 HB 616 SB 90
--Annually report name and address of each director and officer to Secretary of State ..--------__.--------__________....628, 692, 697, 814, 2439, 2442
--Development; incorporate on a statewide basis ......................._..............__.__.827, 900, 1465, 1733, 2495
--Examination of petitions for the domestication of foreign corporations _--------___.__.405, 475, 697, 802, 2299
--Foreign; service of process fee ..-..-...123, 169, 172, 236, 832 --Income tax; taxable periods --....1165, 1299, 1398, 1739, 2496 --Licenses and taxes; assessment and collection in
unincorporated county areas ._.._._---- 951, 1029, 1097, 1307 --Personal property; unlawful for purchaser to
make false statements in writing ....280, 307, 544, 663, 959 --Property; unlawful for purchaser to make
false statements in writing ...._.... 279, 307, 544, 663, 959 --Purchase of capital stock in bank service
corporations _-______._.___._______279, 306, 543, 656, 1181, 2219 --Revise laws relating to bank
charters ......._._..........._..__.._...278, 306, 543, 654, 1181, 2217 --Right to operate and maintain foreign-trade
zones in or adjacent to ports of entry ........67, 82, 182, 754 --Stock; separate statements made available to
stockholders ......_....____.__._____._______,,._..--------.____407, 477 --Tax on transfer of stock and other corporate
certificates --------.......___.-.-___-__...___.._________-1383, 1460, 1877 --Trade secrets; unlawful to steal or unlawfully
obtain ._.___.____.._...______--------........_.1681, 1686, 1760, 2294, 2405
COSMETOLOGY
SB 23
--Georgia State Board of; increase number of members ..._..._........._._..._._._-_--_.__.__..1771, 1888, 2021
2794
INDEX
COUCH, MRS. EMMA C. HR 78-120 --Compensate ._.__._.....162, 215, 959, 1074, 1683, 1717, 2121, 2377
COUNCIL OP STATE GOVERNMENTS
HR 153
--Provide Interstate Commission to study goals and standards of education ................____..._...................... 483
COUNTIES
HB 321 --Abandoned personal property; authorized to sell __.-_.___.._,,,,_____... ___......__.___.__....._._____.____ 535, 636, 903, 1100
HB 349 --Board of Tax Assessors; increase minimum salary ......____.._____ _...._.___...._______.,,._.. .___._..__... 540, 640, 1307, 1422
SB 51 --Conflict of interest by county officials; penalties in certain counties _._.___..._..........__... 644, 648, 696, 1677, 2045
SR 43 --County commissioners; redefine power of General Assembly relative to creating; amendment to the Constitution ___.756, 757, 830, 1177, 2273
SB 62 --Destruction of records, authorize governing authority to order __._._._._________ 1309, 1327, 1395, 1614, 2114
HR 113 --Home Rule; amend HR 50 creating Committee to study _.,,___.__..____.. -._---,,-,,----,,..._____. 269
HR 50 --Home Rule; create Committee to study __...._._..____.114 ) 173, 254 HR 23-43 --Home Rule; provide; amendment to the
Constitution ___._._....,,. 78, 92, 500, 606, 609, 625 SR 7 --Home Rule; provide; amendment to the
Constitution .__.__...._.-__.-__.755, 757, 830, 1177, 1338, 2239, 2305 HB 85 --Inventory and Public Sale of Property; private
sale, certain counties ___.___..........__..._ 121, 167, 218, 223, 1768 SB 33 --Local planning commission; create ....._ 1191, 1194, 1302, 1677,
2157, 2298 HB 404 --Motor Fuel Tax Act; accounting of expenditure
of funds -__.__........._.__.__......._ ,,,,. _....... 688, 750, 1032 HB 660 --Officials; Salary increases; effective date _..,,,,,,..-1603, 1671 HR 116-149 --Planning and zoning ordinances; enact;
amendment to the Constitution ....... .___.... 278, 306, 641, 726 SR 42 --Powers of county governments; change provisions;
amendment to the Constitution ... 755, 757, 830, 1177, 2256, 2306
HR 132-229 --Repairs of certain property; amendment to the Constitution __..___.........__..........._...___.._.......375, 414, 545, 650
HR 209-557 --Self-government, certain counties; authorize General Assembly to provide; amendment to the Constitution ,,._._......_,,__. ..._. .......___,,......_._..._ 1165, 1299
HB 173 --Street improvements; system of appraisal of costs -,,.---.,,-.- ._-,,_..-..._-_.. 283, 310
HB 168 HB 593 HB 226
INDEX
2795
--Taxation; remove limitations if authorized for specific purposes .____.__....._.._-_-......,,-.._.--_....._..___________ 282, 309
--Tax evaluation and equalization program; complete on or before July 1, 1968 .__._..._.......__._._._...____.____._.1290, 1392
--Tax-receivers and collectors; commissions based on certain percentage .... ... ....... 375, 413, 503, 937, 988, 1035, 1346, 2251, 2286
COUNTIES AND COUNTY MATTERS (See Named County)
HB 538 --Appling County; annual audit, provisions ............1161, 1296, 1306, 1403, 1883, 2050, 2251, 2288
HB 608 --Appling County; Sheriff's secretary, salary ___._..._._.1294, 1394, 1466, 1632, 1883, 2049, 2251, 2289
HR 223-600 --Baker County Industrial Development Authority; create; amendment to the Constitution ___________ 1293, 1393, 1677, 1906, 2499
HB 178 --Baker County; Sheriff's salary ......... 284, 310, 382, 419, 2148 SB 148 --Baldwin County; Board of Commissioners of Roads
and Revenues, members' election ................. 1613, 1644, 1674, 2026, 2040, 2122
HR 233-640 --Baldwin County; conveyance of certain land _____________ . ... ..........1388, 1463, 1679, 1862, 2303
HR 254-680 --Baldwin County; conveyance of certain stateowned property ________________________________ _________________1668, 1759
SB 193 --Banks County; Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment ____________________.__...._____..,,_____ ...____1881, 1890, 2023
HB 146 --Banks County; Board of Commissioners; salary of certain members _.._....._.......... ... 261, 287, 289, 319, 1768
HB 451 --Barrow County; Chairman of the Board of Commissioners, salary .__.__ 889, 953, 1033, 1036
HB 244 --Bartow County; Sheriff's deputies, change number __________________________ ._......406, 476, 501, 510, 1181, 1410
HB 627 --Ben Hill County; Sheriff's salary ........1385, 1461, 1467, 1619, 2176
HR 102-133 --Berrien County; ad valorem tax, expansion of new industry; amendment to the Constitution __.____.____....__..__....___._.._..... 208, 263, 382, 448, 2177
HB 619 --Berrien County; baskets for taking of rough fish; change provisions __________________ 1384, 1460, 1467, 1617, 2176
HB 20 --Berrien County; Sheriff's salary __________ 68, 83, 131, 136, 272 HR 224-609 --Bibb County; release certain property belonging
to Ernest Genone, Jr. from all fi. fas. _____________________________________________-1294, 1394, 2024, 2129 HB 540 --Bleckley County; Sheriff's salary ..__..1161, 1296, 1306, 1403,
1769 HB 347 --Brantley County; Sheriff's salary __..________.__.540, 640, 698, 716,
1767, 1781
2796 HB 679 HB 348 HB 382 HB 199 HB 198 HB 329 HB 330 HB 328 HB 118 HB 425 HB 690 HB 9 HB 598 HB 180 HB 179 HB 77 HB 78
HB 79
HB 76
HB 75 SB 58 HB 521
SB 169
HB 109
INDEX
--Brantley County; Superior Court, terms-----1668, 1759, 1763,
1894, 2303
--Brantley County; Treasurer's salary _._____.540, 640, 698, 716,
1188
--Brooks County; Tax Commissioner, levy and
collect tax ______..__._.____. .....__......._.._..__.631, 694, 753, 762, 1473
--Bryan County; Ordinary's salary ___._._. 304, 380, 382, 422, 833
--Bryan County; Tax Commissioner's salary ..----304, 380, 382,
422, 833
--Bulloch County; Assistant to Superior Court Clerk,
salary ....__._____.........._....._._.__... ___.._.._._.536, 637, 697, 713, 1187
--Bulloch County; Assistant Tax Commissioner,
salary ___....._.......-
___ 537, 637, 697, 713, 1187
--Bulloch County; Sheriff's deputies' salaries _._...536, 637, 697,
712, 1187
--Burke County; Ordinary's salary ._.__.. 161, 214, 289, 315, 833
--Butts County; Commissioner of Roads and
Revenues, create office ___--_-.-....._,,....--.....822, 896, 961, 965
--Calhoun County; Sheriff's salary __...... 1754, 1871, 2026, 2028,
2498
--Camden County; Tax Receiver, place on
annual salary ____-~...-..-___-_~_~.-.......__65, 81, 131, 134, 2147
--Candler County; Sheriff's salary _._.___1291, 1392, 1466, 1621,
2175
--Carroll County; Commissioner's and County
Attorney's salary _____._______._______._______.300, 377, 382, 430, 643
--Carroll County; Sheriff's salary ----300, 376, 382, 420, 643
--Chattooga County; City Court, repeal Act
establishing ..........__........,,..__..... .....__.______....119, 166, 217, 221
--Chattooga County; Clerk of Superior Court's
compensation for services as ex-officio clerk
of City Court _--_.._.___........_._____._._... 119, 166, 217, 221
--Chattooga County; consolidate offices of tax
collector and receiver into office of tax
commissioner ..-.__-___....___--...-....-....,,_._--...119, 166, 217, 221
--Chattooga County; Sheriff's compensation for
services as ex-officio sheriff of City
Court _......_._______......._____......_._._______.....-__-....118, 165, 217, 222
--Chattooga County; Tax Collector's
salary _______............__......_.___._..._..._..___........_.118, 165, 217, 222
--Chatham County; Board of Education,
eligibility for reappointment ....644, 648, 696, 835, 840, 1193
--Chatham County; County and City Board of
Tax Assessors, create joint Board ....1022, 1172, 1178, 1313,
2045, 2223
--Chatham County; Isle of Hope; create water, fire,
sanitation and sewerage district ....1766, 1773, 1875, 2025,
2039
--Chattahoochee County; Sheriff's salary __..157, 212, 289, 313,
1182
INDEX
2797
HB 277 --Chattahoochee County; Board of Commissioners,
Clerk's salary ----------._...--------..472, 495, 501, 550, 1472
HR 122-192 --Cherokee County; authorize conveyance of
certain State property ------__-------- 303, 379, 699, 811, 1400
HB 143 --Cherokee County; establish law library ....... 260, 286, 479, 480,
1183
HB 187 --Cherokee County; Ordinary's salary ... 302, 378, 501, 504, 1183
HR 48-87 --Cherokee County; relating to conveyance of
certain state-owned property -_____.122, 168, 699, 784, 1190
HR 149-276 --Clarke County; conveyance of certain land --------...472, 495
HB 40 --Clayton County; adopt traffic ordinances and
regulations .._._._..__.____..._._-._.------..........77, 91, 131, 140, 273
HB 493 --Clay County; sheriff's salary ..............................951, 1029, 1198
HB 575 --Clinch County; Sheriff's salary.... ----1288, 1390, 1397, 1479,
2175
HR 21-27 --Cobb County; approval by voters of
incorporation of territory; amendment to the
Constitution ...._._--...___----------------75, 90, 131, 174, 2177
SB 127 --Cobb County Board of Education; authorized to
enter into contracts for certain group
insurance _._.__------------.....----1612, 1644, 1673, 1878, 2038
HB 380 --Cobb County; Board of Commissioners of Roads
and Revenues, meetings ....._..631, 694, 753, 762, 1608, 1638
HB 286 --Cobb County; Civil and Criminal Court, extend
jurisdiction _------------__.------474, 496, 501, 548, 1883, 2194
HB 379 --Cobb County; Comptroller's duties ....631, 694, 753, 762, 1473
HR 239-659 --Cobb County; conveyance of certain State
property ....._.....__.........__--------------1603, 1671, 2025
HR 210-558 --Cobb County; convey certain property for site
of Georgia Air National Guard
Armory _._____._____..__...___.___.______..1165, 1299, 1467, 1727, 2302
HB 431 --Cobb County; failure to return land for taxation,
return made previous year shall be
used
._,,_______.--------...823, 897, 903, 965, 1884
HB 475 --Cobb County; Law library; establish and
maintain __.____._.___.----_._________.894, 956, 1175, 1310, 2438, 2447
HB 391 --Cobb County; Cobb-Marietta Water Authority,
membership ----....--.-.--.---.-686, 747, 835, 836, 1474
HB 428
--Cobb County; personal property taxation returns ...__......................................823, 897, 903, 963, 1884
HB 429
--Cobb County; penalty of 10% of tax due shall accrue on taxes not paid before delinquent -------....--------___--823, 897, 903, 964, 1884
HB 430
--Cobb County; property tax, certain penalties assessed for failure to return ----823, 897, 903, 964, 1884
HB 439
--Coffee County; certain officials, salaries ...------825, 898, 961, 971, 1190
HB 437
--Coffee County; Chairman, Board of Commissioners, salary .--------____----_..............--_..824, 898, 961, 970, 1190
2798
INDEX
HB 326 --Coffee County; Civil actions, advance court costs
deposited with clerk __.._..._.........,,....... 536, 637, 697, 712, 1186
HB 409 --Colquitt County; Board of Commissioners,
Chairman's bond __.....-_-...__-........_. 689, 750, 835, 839, 1474
HB 364 --Colquitt County; City Court, clerk's
bond
.
--628, 692, 753, 759, 1473
HB 390 --Colquitt County; Small Claims Court, clarify
rules of practice ....____.. .........._......-_.685, 747, 835, 836, 1474
HB 365 --Colquitt County; Ordinary's salary -628, 692, 753, 760, 1473
HB 363 --Colquitt County; Tax Commissioner's
salary ,........_...._.... 628, 691, 753, 759
HB 302 --Columbia County; certain officials,
compensation __...___..__.......__._. 530, 633, 698, 707, 1181, 1211
HB 303 --Columbia County; Board of Commissioners,
Chairman and Executive Officer's
salary .... ...._.____........._..__......._............. 530, 633, 698, 707, 1181,
1212
HR 159-303 --Columbia County; Superior Court Clerk,
furnish certain law books ___............. 530, 633, 959, 973, 2044
HR 201-485 --Cook County; conveyance of certain state-owned
property _______._.___.________....._.___..__.950, 1028, 1467, 1656, 2306
HR 167-354 --Cook County Industrial Development Authority;
create; amendment to the
Constitution ...,,_.. .._....,,_.___________._. --626, 690, 903, 916, 2177
HB 265 --Coweta County; Newnan-Coweta Airport
Authority, create _._...-_..,,..___....._.,,... 470, 493, 501, 549, 831
HB 489 --Coweta County; deputy's and jailers'
salaries ........._.____............_.._..........950, 1028, 1034, 1198, 1612
HR 258-703 --Crawford County Board of Education;
appointment of school superintendent;
amendment to the Constitution .__.... 1757, 1873, 2026, 2035,
2500
HB 304 --Crawford County; Sheriff's salary ___.530, 633, 698, 708, 1609
HR 28-43 --Dade County; conveyance of permanent easements,
certain property ,,._______.,,_ .....__. 79, 93, 264, 296, 1476
HB 543 --Dawson County, Ordinary's salary ...... 1162, 1296, 1306, 1404,
2304, 2346
HB 664 --Dawson County; Sheriff's salary ._..__ 1606, 1672, 1763, 1892,
2304, 2345
HB 654 --DeKalb County; certain employee's pension
benefits ....,,._.__.___......_._.__. ... ...1602, 1670, 1677, 1775, 2301
HB 682 --DeKalb County; legal advertisement,
publication ........__..-....-..______-....._...._...._._.._..__..__.....1668, 1759
HB 397 --DeKalb County; Civil and Criminal Court Judges,
Solicitors, salaries ....--.-......_._..___._-687, 748, 835, 837, 1474
HB 396 --DeKalb County; Judge, Superior Court, Stone
Mountain Judicial Circuit; supplement
salary ___.....___________..__________._...___687, 748, 834, 969, 2439, 2446
HB 548 --DeKalb County; Tax Commissioner; extend time
for filing returns ._----_..-.....1163, 1297, 1306, 1404, 1770
INDEX
2799
HB 269 --DeKalb County Local Government Commission; establish --.--.___--._._.--...__----_--__._._------------------471, 494
HB 672 --DeKalb County; Life Insurance companies and representatives, levy tax ----------.----....---- ...1666, 1758
HB 655 --DeKalb County; pensions, transfer funds ..-..--------_. .--------------1602, 1670, 1677, 1775, 2301
HB 658 --DeKalb County; School System, audit books _____.--_------------_-------- 1603, 1671, 1763, 1895, 2301
HB 661 --Dougherty County; sheriff and clerk of the Superior Court, salary ______.__.._. 1604, 1671, 1762, 1892, 2299
HB 694 --Decatur County; Small Claims Court, create --------------------------1755, 1872, 2025, 2034, 2498
HB 211 --Dooly County; change certain official's salaries .......________.___.__............_.______.372, 410, 501, 505, 753
HB 662 --Dougherty County; Tax Commissioner's salary -.-.....-.-....-._..___....._____.........1604, 1671, 1762, 1892, 2299
HB 70 --Dougherty County; Justice of the Peace; Special elections --._._...._..__.....______________.___.102, 127, 172, 174, 270, 274
HB 181 --Douglas County; change certain official's salaries -__----------------------.301, 377, 382, 420, 1609
HB 72 --Douglas County; Coroner's salary ........118, 165, 217, 223, 498 HR 235-652 --Echols County Board of Education; appointment
of members; amendment to the Constitution .__._________________________1601, 1669, 1677, 1912, 2499 HR 161-313 --Echols County Development Authority; create; amendment to the Constitution --.534, 635, 961, 1078, 2177 HB 604 --Echols County; Sheriff's salary ... 1293, 1393, 1466, 1621, 2176 HB 222 --Effingham County; Sheriff's salary -.374, 412, 501, 507, 1184 HB 123 --Elbert County; Chairman of Board of Commissioners; duties ----.....-----------------163, 216, 284 HB 213 --Elbert County; Chairman of Board of Commissioners; salary ------.------372, 411, 501, 506, 1472 HB 122 --Elbert County; Clerk of Superior Court, Ordinary; change compensation .----------------163, 216, 289, 316, 645 HB 613 --Emanuel County; Emanuel County Development Authority, create --------...------1295, 1395, 1467, 1624, 1887 HB 406 --Evans County; Sheriff's salary ..._----689, 750, 835, 839, 1190 HR 36 --Pannin County; Honorable A. C. Duncan duly elected Representative ----------------------------------96 SR 84 --Fannin County; School Superintendent; election; amendment to the Constitution ........2146, 2149, 2171, 2295,
2312 HB 545 --Pannin County; Sheriff's salary ....... 1162, 1296, 1306, 1407,
2175 HB 447 --Payette County; Board of Commissioners of Roads
and Revenues, salaries ----............... 826, 900, 961, 968, 1610 HB 445 --Payette County; Clerk of Superior Court,
salary ----------------------------------.826, 899, 961, 968, 1610 HB 444 --Fayette County; Ordinary's salary ._ 826, 899, 961, 967, 1610 HB 446 --Fayette County; Sheriff's salary -826, 900, 961, 970, 1610
2800
INDEX
HB 443 --Payette County; Tax Commissioner's salary __._.,,_,,_-._,,_.._._...__........,, 826, 899, 961, 967, 1610
SB 213 --Floyd County; Board of Commissioners; members' salary _ . ... ... 1882, 1891, 2024, 2174, 2182
SB 188 --Ployd County; certain officials, salaries -^...----...._._........------.1765, 1774, 1875, 2026, 2040
SB 212 --Ployd County; City Court; Judge's salary -_.-_._.------.._..------ 1882, 1891, 2024, 2173, 2182
SR 90 --Floyd County; easement of certain property ..__-------- 2146, 2150, 2171, 2295, 2307
SB 99 --Floyd County; employees' pension, qualifying requirements .._------.. _..----.. 1191, 1195, 1302, 1306, 1409
HB 636 --Floyd County; percentage of contract price pair contractor ------_............._...1387, 1463, 1467, 1616, 1888
SB 189 --Floyd County; tax commissioner's salary .__.------------..------------.1766, 1774, 1876, 2026, 2040
SB 200 --Floyd County; treasurer's office, abolish _----------------........... 1881, 1890, 2023, 2173, 2181
HB 318 --Forsyth County; Board of Commissioners, expense allowance ..-.-.------ 535, 636, 697, 711, 1473
HB 316 --Forsyth County; Sheriff and Clerk's salary _____________________________.._,,._. 534, 635, 698, 710, 1472
HR 248 --Fulton-Atlanta Court Study Commission; commend --_-.------.----------,,-----------1693, 1880
HB 566 --Fulton County; Board of Commissioners, salary _------------._________.....1166, 1300, 1306, 1406
SB 216 --Fulton County; Board of Education; reinstatement in pension system after re-employment --2145, 2149, 2171, 2295, 2307
SB 31 --Fulton County; Chief Deputies of the Ordinary, salary _------.._.------ 497, 513, 543, 1762, 1898
HR 183-418 --Fulton County; conveyance of certain tract of state-owned property ----.----------746, 828, 962, 1099, 1471
HB 565 --Fulton County; Criminal Court; Judges and Solicitors, salary ------...1166, 1300, 1306, 1406, 2148, 2283
SB 182 --Fulton County; dispossessory warrants; property moved away from premises pursuant to execution shall be placed in storage _...... 1767, 1774, 1875, 2173, 2382
SB 32 --Fulton County; Fire Protection System, payment from general funds ................................. 498, 513, 543, 706
SB 194 --Fulton County; Group Insurance for all regular County employees ___.,,__------1881, 1890, 2023, 2173, 2181
HB 270 --Fulton County, Joint board of tax assessors, salaries .------.--.___,,----------. ....471, 494, 501, 551, 1185
HB 563 --Fulton County; Juvenile Court Judges' salaries .....___..__......1166, 1300, 1306, 1405, 2147, 2281
HR 237-656 --Fulton County; Local Government Commission; establish ...._.._..__.__.__..____._.____.1602, 1670, 1677, 1780
HB 353 --Fulton County; Medical Examiner's office, create ----..__----_____._._._._._,,.__---.626, 690, 753, 758, 1473
INDEX
2801
SB 181 --Fulton County; minimum interest on taxes due _-.........._.....-.-_-...-..__.._._.._......_..__._._..1881, 1889, 2023
HB 564 --Fulton County; Ordinary's salary _______._...___.1166, 1300, 1306, 1405, 2429, 2431
HB 655 --Fulton County; pensions, transfer funds ...._._...._._............_....__,_._.1602, 1670, 1677, 1775, 2301
SB 30 --Fulton County; Sheriff's sales, places held ._.._._.._........._........._....._.,,,,,,_....,,,, 497, 513, 543, 698, 706
SB 88 --Fulton County; Traffic Court, Judges and Solicitor, appointment and tenure .,,_____.834, 842, 900, 1306, 1407
HE 143-247 --Fulton County; transfer of certain real property ____________________________________..._407, 476, 503, 570, 1471
HB 352 --Glascock County; Commissioner's salary _,,,,,,_,,__.,,....-....-_.__._____.__.._____ 626, 690, 753, 758, 1188
SR 74 --Glynn County; conveyance of certain property for use as site for Georgia Air National Guard Armory __.____.______..__.._.______._______.._.__1771, 1889, 2022
HR 211-558 --Glynn County; convey certain property for site of Georgia Air National Guard Armory _._____.________________._____._.___.1165, 1299, 1467, 1658, 2302
HB 264 --Glynn County; Board of Education; define extent of annual audit ..._._...._.....___ 470, 493, 501, 549, 1472
HB 237 --Glynn County; Brunswick and Glynn County Development Authority, define commerce ,,_-___.,,_..___-..-_____.,,__.___.______. 405, 475, 502, 508, 834
HB 238 --Glynn County; Magistrate's Court; Magistrate's salary _______.___________....__________.___...__405, 475, 502, 508, 831, 843
HB 307 --Glynn County; Sheriff's deputy, salary .__ 531, 634, 698, 709, 1186
HB 310 --Gordon County; Law Library, establish and maintain -_.___.__.._.__.._._._.____._...........531, 634, 698, 710, 1186
HB 308 --Gordon County; Sheriff's salary ....... 531, 634, 698, 710, 1186 HB 632 --Grady County; Board of Commissioners,
Chairman, salary ...__..__...__......1386, 1462, 1467, 1622, 1887 HR 215-576 --Grady County; conveyance of certain
property ........................................1167, 1301, 1307, 1652, 2302 HB 631 --Grady County; Sheriff's salary __..1386, 1462, 1467, 1619, 1887 HB 100 --Grady County; Superior Court, provide for
terms ..............._.....-_-..-_._..-_...............154, 173, 209, 266, 546 HB 621 --Greene County; ordinary's salary ....._..1384, 1460, 1467, 1617,
1887 HB 622 --Greene County; Sheriff's salary............l384, 1461, 1466, 1626,
1887 HB 687 --Gwinnett County; City Court, name changed to
Civil and Criminal Court of Gwinnett County ..........._........,,.__.._..........1754, 1871, 2026, 2034, 2497 HB 670 --Gwinnett County; Ordinaries custodians of vital statistics __......_._._.__.....__.1666, 1757, 1763, 1894, 2303 HB 668 --Gwinnett County; Ordinary's salary ........_.-__-1666, 1757, 1763,
1893, 2300
2802
INDEX
HB 111 --Hall County; County Board of Education,
election of chairman ._ _ . . 158, 212, 289, 314, 1183
HB 597 --Haralson County; Treasurer's
salary ____________....___.___.___._._......._____.1290, 1392, 1466, 1621, 2175
HB 162 --Hart County; Coroner's salary ___________ 281, 308, 382, 418, 643
HB 161 --Hart County; custody of County
property .___..___..____..__._...___.._.... ._...___.__. 281, 308, 382, 417, 643
HB 160 --Hart County; Sheriff's salary _____ 280, 308, 382, 417, 643, 842
HB 49 --Habersham County; Sheriff's salary ....... 80, 94, 131, 140, 274
HB 74 --Heard County; Board of Commissioners, change
compensation
___..._.. 118, 165, 217, 222, 498
HB 54 --Heard County; Sheriff's salary _________ 88, 103, 173, 174, 300
HB 36 --Irwin County; Superior Court, change
terms ..........._......__...................................____.76, 91, 104, 150, 273
SB 192 --Jackson County; Banks-Jackson-Commerce
Hospital Authority, fill vacancies ......._.._.___ 1881, 1890, 2023
HB 412 --Jefferson County; Chairman and Members of
the Board of Roads and Revenues,
salaries .__........_...._____.__......._._._..______________744, 827, 903, 907, 1475
HB 411 --Jefferson County; Sheriff's Bond _______ 744, 827, 903, 907, 1474
HB 410 --Jefferson County; Sheriff's salary __ _744, 827, 961, 969, 1474
HR 185-425 --Jenkins County; conveyance of certain State
property ____..........___................_.._____ 822, 896, 962, 1416, 2306
HR 160-313 --Jenkins County; Ordinary, furnish certain
law books ___________________ ..__.....___....___ 533, 635, 959, 972, 2302
HB 578 --Johnson County; Board of Commissioners of
Roads and Revenues, salary ....1288, 1390, 1397, 1480, 2175
HB 263 --Johnson County; Sheriff's salary ........470, 493, 501, 548, 1184
HR 164 --Johnson County; State Board of Education;
discontinue collection of certain
overpayments ....._......__._. ________________ 515, 542, 961, 1100, 1476
HB 517 --Johnson County; Tax Receiver, paid from ad
valorem school tax, repeal act ............1021, 1171, 1178, 1312,
2300
HB 35 --Lamar County; Sheriff's salary ............76, 91, 131, 138, 1182
HB 239 --Lanier County; Sheriff's salary ._........._405, 475, 502, 509, 834
HB 361 --Laurens County; certain officials, office
hours ____________ ____.............._..-..----627, 691, 753, 758, 1188
HB 82 --Laurens County; Dublin-Laurens School
System; create __ _____............................120, 166, 217, 220, 416
HB 689 --Lee County; Ordinary's salary .................... 1754, 1871, 2026,
2028, 2497
HB 688 --Lee County; Treasurer's salary ____ _______1754, 1871, 2026, 2028,
2497
HB 207 --Lincoln County; Sheriff's
salary ________..._.___,,_._....___.________..__________ 371, 410, 501, 505, 1184
HB 194 --Long County; Sheriff's salary. ____________ 303, 379, 382, 422, 704
HR 241-677 --Lowndes County; convey certain tract of land to
Euna Roberts Hoye, Euna Hoye Love and Shirley
Hoye Martin........____.__-__-_.-.1667, 1758, 1764, 1967, 2302
INDEX
2803
HB 158 --Madison County; Board of Commissioners of Roads
and Revenues, create ..........._._... _. ..._._______..__..___ 280, 307, 925
HB 590 --Madison County; Board of Commissioners of Roads
and Revenues, create ________ 1289, 1391, 1397, 1481, 1886
HB 591 --Madison County; certain officials'
salaries
_
1289, 1391, 1397, 1481, 1886
HB 159 --Madison County; change certain officials'
salaries ..... .
.
......___.._.... 280, 308, 925
HR 184-423 --Madison County Industrial Development and
Building Authority; create; amendment to
the Constitution ______._._...__ ..... 747, 829, 903, 909, 2178
HB 193 --Madison County; Morgan County; Madison-Morgan
County Airport Authority;
create
_______ _ 303, 379, 382, 421, 703
HB 157 --Madison County; Sheriff's salary .............. 280, 307, 924
HB 592 --Madison County; Sheriff's salary ....... 1290, 1391, 1397, 1481,
1886
HR 65-112 --Marion County; Board of Education; election
of members; amendment to the
Constitution
________ _. 159, 213, 382, 436, 2499
HB 693 --Marion County; Sheriff's
salary ....___._._.._._ ..................... 1755, 1872, 2026, 2029, 2496
HB 27 --McDuffie County; Coroner's salary .... 74, 89, 131, 137, 702
HB 594 --Mclntosh County; certain officials'
salaries .__._............... ....... 1290, 1392, 1466, 1620, 2147, 2208
HR 236-654 --Miller County Development Authority; create;
amendment to the Constitution .. _____ 1602, 1670, 1677,
1915, 2500
HB 639 --Miller County; Sheriffs
salary ........___...__..........._. 1387, 1463, 1467, 1617, 2300
HB 370 --Muscogee County; Chairman and Vice-Chairman of
Board of Commissioners,
election ____________________________________ 629, 693, 753, 761, 1189
HR 170-372 --Muscogee County; Columbus-Muscogee County Port
Development Commission; create; amendment
to the Constitution __....630, 693, 961, 1085, 1090, 2146, 2224
HR 372 --Muscogee County; Coroner's
salary.___._....._..._.__.__._.__.-_-___--........-629, 693, 753, 761, 1189
HB 371 --Muscogee County; Deputy Coroner's
duties ______________._______-_-_.-_.--__-___---629, 693, 753, 761, 1189
HB 369
--Muscogee County; employee's pension fund, provide. _......__-------.---629, 692, 753, 760, 1189
HB 324
--Newton County; Board of Commissioners, Commissioner's salary... ________________ 536, 637, 697, 718, 1473
HB 276
--Newton County; Sheriff's chief deputy, salary........__...._________________......_.______ 472 495, 501, 550, 1472
HB 145 --Oconee County; Sheriff's salary___________ 261, 286, 289, 318, 642
HB 630
--Paulding County; certain officials' salaries _____________________ ......... 1386, 1462, 1467, 1619, 1887
2804
INDEX
HB 346 --Paulding County; Clerk's salary .............._--------....---- 539, 640, 698, 715, 1468, 1642
HB 164 --Peach County; abolish office of Treasurer......----..-..------.------ 281, 308, 382, 418, 1183
HB 97 --Peach County; Sheriff's salary --------124, 170, 218, 223, 498 HB 68 --Pierce County; Chairman of Board of
Commissioners; compensation--....... 101, 126, 173, 220, 498 HR 105-133 --Pierce County Industrial Development and
Building Authority; create; amendment to the Constitution----------------208, 263, 382, 440, 2177 HB 69 --Pierce County; Sheriff's salary............... 102, 127, 173, 220, 498 HB 362 --Pike County; Sheriff's salary..............628, 691, 753, 759, 1883 HB 334 --Pulaski County; Commissioner of Roads and Revenues, salary ........_____-_.___......-...._.537, 638, 698, 714, 1187 HB 333 --Pulaski County! Ordinary's salary................. 537, 638, 698, 714,
1187 HB 331 --Pulaski County; Sheriff's
salary.................................................... 537, 638, 698, 713, 1187 HB 332 --Pulaski County; Superior Court
Clerk's salary_.__........_____.__.__.............537, 638, 698, 714, 1187 HB 175 --Putnam County; Board of Commissioners;
salary......--------____--.-------------283, 310, 382, 418, 703 HB 176 --Putnam County; Coroner's
salary....--------..------.---------284, 310, 382, 419, 703 HB 3 --Quitman County; Board of Commissioners; election
from county at large ....__._......_...___..48, 70, 131, 132, 271 HB 685 --Quitman County; Board of Education, selection
of members--------------------1753, 1871, 2026, 2027, 2497 HB 203 --Quitman County; Office of Tax Commissioner,
create-------------------------------305, 380, 382, 423, 1472 HB 458 --Quitman County; Sheriff's
salary............_-.___.-__.....-__-_---- 891, 954, 1033, 1037, 1475 HB 127 --Rabun County; Clerk of Superior Court; compensation
of secretarial assistant.......---.--.--.206, 262, 289, 316, 645 HB 61 --Rabun County; Ordinary, compensation for
secretarial assistance-----------100, 125, 173, 219, 644 HB 408 --Rabun County; Sheriff's
salary-----------------------689, 750, 835, 839, 1608, 1641 HB 59 --Rabun County; Tax Commissioner's secretary;
compensation.----..----------------------.99, 125, 173, 219, 644 HB 280 --Randolph County; Ordinary,
salary....------------------------473, 496, 501, 551, 1185 HB 251 --Randolph County; sheriff's
salary------------..--------.----408, 477, 501, 510, 1882, 2209 HB 403 --Richmond County; Mayor and members
of the council, election contests heard by Superior Court of Richmond County----------------------------688, 749, 835, 838, 1190 SB 116 --Richmond County; Superior Court Reporters' duties and salary----------1192, 1196, 1303, 1306, 1410
INDEX
2805
SB 111 --Richmond County; Treasurer's salary----------------------------1470, 1643, 1673, 1763, 1899
HB 522 --Schley County; Sheriff's salary-----------_.--------------.1023, 1172, 1178, 1313, 1769
HR 52-99 --Spalding County; certain law books furnished Superior Court...----------.----------..154, 209, 959, 973, 2499
HB 260 --Stephens County; Sheriff's deputy, additional deputy ---------------------...409, 478, 502, 512, 831
HB 416 --Stewart County; Sheriff's salary______.___......------------------745, 828, 904, 908, 2495
HB 415 --Stewart County; Superior Court Clerk's salary.------.----------------------745, 828, 903, 908, 2300
HR 110-139--Sumter County; conveyance of a tract of state-owned property..---------___--259, 286, 503, 571, 1470
HB 587 --Sumter County; Sheriff's salary----------.----------_------1289, 1391, 1397, 1480, 1885
HB 139 --Sumter County; Superior Court terms----_--._-------__..__----__-.-.259, 285, 479, 480, 1183
HB 10 --Talbot County; Sheriff's salary----------_----------_--------_.----.66, 81, 131, 134, 272
HB 651 --Taylor County; Sheriff's salary------.------_------_...------.1459, 1607, 1677, 1688, 2177
HB 8 --Telfair County; consolidate offices of tax collector and receiver into office of tax commissioner.------------------------.65, 81, 131, 134, 272
HR 106-135--Telfair County; conveyance of certain stateowned property------------------....--.258, 285, 503, 576, 1470
HR 11-8 --Telfair County; convey certain tract of stateowned property ----------------_.--------65, 81, 132, 196, 1470
HB 7 --Telfair County; Sheriff's salary -.------.65, 81, 131, 133, 272 HR 213-569 --Terrell County; Board of Education members,
School Superintendent; election; amendment to the Constitution ----------.-.1287, 1389, 1397, 1628, 2499 HR 15-21 --Terrell County; conveyance of certain real estate...........------------------..........------.68, 83, 264, 294, 546 HB 634 --Terrell County; Sheriff's salary----------------------.--.1387, 1462, 1467, 1615, 2176 HB 483 --Thomas County; fire protection districts, create----------------------896, 958, 1033, 1034, 1044, 1476 HB 502 --Tift County; Board of Commissioners; Chairman's salary----...-... 1019, 1169, 1178, 1310, 1885 HB 503 --Tift County; Board of Commissioners of Roads and Revenues, term of office ----....1019, 1169, 1178, 1311, 1885 SR 75 --Tift County Development Authority; levy tax for creating a fund; amendment to the Constitution.--------------.1771, 1889, 2022, 2173, 2183 HB 573 --Tift County; Ordinary's salary--------.----..---- .----.----.1287, 1390, 1397, 1479, 1885 HB 572 --Tift County; Sheriff's salary-----------------------.1287, 1389, 1397, 1479, 1885
2806
INDEX
HB 557 HB 570 HB 571 HB 19 HB 182 HB 595 HB 692 HB 656 HB 671 HB 541
HB 505 HB 529
HB 530 HB 528 HB 119 HR 11-8 HB 17 SR 96
HB 243 HB 301
HB 101 HB 607 HB 606
--Tift County; Small Claims Court, clarify provisions................_._____.._... ._ . _. 1164, 1298, 1306, 1405, 1770
--Tift County; Superior Court Clerk's salary----...------------.. __... 1287, 1389, 1397, 1478, 1885
--Tift County; Tax Commissioner's salary--_----,,...------.----.1287, 1389, 1397, 1478, 1885
--Turner County; Sheriff's salary.____.__.___.___._._.....__.______.......... ......._..._.67, 82, 131, 135, 272
--Union County; Treasurer's salary--.--.--...-------.-......----.301, 377, 382, 420, 643
--Upson County; Sheriff's salary------.._..-------...-..-- .1290, 1392, 1466, 1620, 2175
--Walker County; City Court Solicitor, provide....................___....__.... 1754, 1872, 2026, 2031, 2429, 2429
--Walker County; Coroner's salary.......................................... 1602, 1670, 1677, 1775, 2301
--Walker County; Sheriff's salary -------------------. 1666, 1757, 1763, 1894, 2303
--Walton County; Board of Commissioners of Roads and Revenues, members' salaries......... .......................... 1161, 1296, 1306, 1403, 1770
--Ware County; employment personnel, provisions..-..___.____......... 1019, 1169, 1178, 1311, 1883, 2190
--Washington County; Board of Commissioners of Roads and Revenues, centralized purchasing.................................... 1024, 1173, 1178, 1314, 1769
--Washington County; Clerk Superior Court, salary.._........._...._____..___._....._..______._ 1024, 1173, 1178, 1314, 1769
--Washington County; Sheriff's salary.................... ..._..._____.._______.1024, 1173, 1178, 1113, 1769
--Webster County; Sheriff's salary---------_.--._--.....---------.-.161, 214, 289, 315, 1472
--Wheeler County; convey certain tract of stateowned property-.-.---.---------65, 81, 132, 196, 1470
--Wheeler County; Sheriff's salary-----------....--------.-------67, 82, 131, 135, 272
--White County; establishment of old courthouse as a historical monument or State Park; create committee to study ..... 2147, 2150, 2171, 2294, 2410, 2500
--White County; Sheriff's salary ...._._.----------_ --.....---- 406, 475, 501, 509, 1768
--Wilkes County; Board of Commissioners, Chairman shall be road Superintendent and County Warden ..... ._,,.------. ... 529, 633, 698, 707, 1185
--Wilkes County; Clerical assistant to tax commissioner; compensation ....._---- 154, 209, 289, 313, 702
--Wilkinson County; Ordinary's salary.----.----..----.----------.1294, 1394, 1467, 1622, 1886
--Wilkinson County; Sheriff's salary.........------. ..----... 1294, 1393, 1467, 1622, 1886, 2300
HB 234 HB 454
INDEX
2807
--Worth County; Board of Commissioners; salaries.. ._________._.. __________....________._____404, 474, 502, 507, 833
--Worth County; Small Claims Court, qualification of Judge..__..-..__..._... 890, 954, 1033, 1036, 1610
COUNTIES AND COUNTY MATTERS (BY POPULATION)
HB 620
SB 51 HB 41 HB 547 HB 442 HB 85
HB 18 HB 298 HB 268 HB 696 HB 649 HB 284
HB 518
--Alcoholic beverages; certain counties authorized
to legalize and control without necessity of
election .._..__.__.....__.___._..... ..___..__......__._......_____________.... ___1384, 1460
--Conflict of interest by county officials; penalties
in certain counties._...._._._._. _______... 644, 648, 696, 1677, 2045
--Coroners; change compensation,
certain counties _____..
..
....77, 91, 312, 424, 702
--Georgia Health Code, health budget; contributions
from local funds, certain counties ____________ 1162, 1297, 1396
--Housing Authorities Law; exempt in
certain counties -...__-_-__,,..-._-_-._______.._.__.__ 825, 899, 1034, 1042
--Inventory and Public Sale of Property;
private sale of County property; certain
counties ________..._...___._____________-_____..___..121, 167, 218, 223, 1768
--Judicial Circuits; establish law libraries
in certain counties _
_ _____________ 67, 82, 131, 135, 272
--Judicial Circuit law libraries; establishment; shall
not apply certain counties _..._........ 492, 542, 545, 646, 1185
--Law Library; population and census figures, change
in certain counties ._..___....._... _____ 471, 494, 959, 1101, 1609
--Law Libraries; population specifications of
counties where applicable- ___ 1755, 1872, 2026, 2030, 2498
--Municipal taxation; salesmen and merchants;
remove exemptions, certain counties ________ 1459, 1607, 1614
--Superior Court Jury clerks, change
population requirements in order
to apply to certain counties ......
473, 496, 699, 780
--Tax Collectors; compensation in
certain counties _ _._....__._ - .. 1022, 1171, 1177, 1310, 2300
COUNTY BOARDS OF EDUCATION
SB 139 HB 360
Local school systems; audit and check books __________________ .1613, 1644, 1673, 1676, 2403
--Two or more members may be selected from same militia district _____.,,...._._______ 627, 641, 691, 994, 1679
COUNTY MATTERS STUDY COMMITTEE --Report of ..... ... __________________ ...... ...... .________-- ......_ 2701
2808
INDEX
COUNTY OFFICIALS HB 660 --Salary increases; effective date.------------------1603, 1671
COUNTY SURVEYOR
HR 131-218--Abolish office; amendment to the Constitution.---_.-.--_-_------------------------373, 412, 905
HB 472 --Qualifications.----.---..------.--- 893, 956, 1677, 1823
COURT OF APPEALS
~"~"
HB 704 --Additional distribution of laws, journals
and reports._------__------____----......._._.__._........_..._.1870, 2021
SB 160 --Costs in cases; change
amount----
.. .1613, 1645, 1674, 1762, 2230
HR 127-212--Judges; qualifications; amendment to
the Constitution.....--_--__._---___--------.....---------- 372, 411
COURTS OF INQUIRY
HB 525
--Juvenile Courts; power to act as Courts of Inquiry_______--.._._____-_~..1023, 1172, 1210, 1398, 1650, 2496
COURT REPORTERS' RETIREMENT SYSTEM HB 507 --Create.----__.___... _._._----..__._.------.,,..__.--------.........1020, 1169
COURTS (See Practice and Procedure; Court of Appeals, Superior Courts)
HB 551
HB 463 SB 67 HB 185 HB 381 HB 554
--Adoption; forwarding of certificates for a person born outside State; remove provisions.....------...--------.,,.....----.1163, 1297, 1396, 1735
--Adoption laws; remove provisions relating to interlocutory hearings.....--------...--.892, 955, 960, 1218
--Alimony; judgment revised upon change in husband's or wife's financial status--------1771, 1888, 2022
--Alimony; revised if husband or wife has a change in income-------------......--301, 377, 500, 617
--All evidence germane to severity of sentence shall be admissible for jury's consideration,..----____631, 694
--Appearance bond; may not be forfeited if person unable to appear because of physical disability or incarceration ------.......----......1164, 1177, 1298, 2046, 2068
INDEX
2809
HB 556 HB 167
HB 623
HB 562 HB 645 HB 644 HB 87 HB 142 HB 414 HB 420
--Appellate Practice Act of 1965; amend----------__.----_____ 1164, 1298, 1398, 1489, 2146, 2165
--Appellate Practice Act of 1965; modernize procedures, civil and criminal cases ._.._...___._......_........_. 282, 309, 312, 489, 582, 754
--Atlanta Judicial Circuit; number of trial assistant solicitorsgeneral----.._._---- ------1384, 1461, 1467, 1618, 2148, 2282
--Atlanta Judicial Circuit; Solicitor-General's salary __._.._--_.__.._..............__........ .,,-------- 1166, 1299
--Attachment cases; conform procedure to procedure prevailing in ordinary civil cases.-_________________----.1389, 1464
--Attachment cases; provisions relating to person before whom affidavit shall be made._________________.1389, 1464
--Augusta Judicial Circuit; provide for Chief Assistant Solicitor General----122, 168, 479, 516, 831, 845
--Bail for criminal offenses shall continue during trial------------------------------------ 260, 286, 545
--Bail; number of times a person may give--........745, 828, 1033 --Brunswick Judicial Circuit; Judge, supplement
salary----------------------746, 829, 961, 966, 1031, 1466, 1482,
HB 283
1765, 2189 --Civil actions, wrongful death or permanent
impairment; jury may use any rate in reducing verdict----.._._.._______._....__._._......___.473, 496, 641, 1114
HR 22
--Civil and Criminal Procedure; create committee to study.------...-- ..--_-_--._...._..__.._..._..71, 104, 149
HR 182
--Civil and Criminal Procedure; create Committee to study..--...--.......--------............___.722, 961, 977
HB 208
--Civil suits; advance court costs deposited with action......-..--------____---------------------371, 410
HB 474
--Cobb Judicial Circuit; Official Court Reporters, authorize employment----------.894, 956, 1675, 1817, 2496
SB 183
--Cobb Judicial Circuit; Solicitors-general, additional assistant ...---........1771, 1888, 2022, 2173, 2181
HB 479
--Conasauga Judicial Circuit; change terms-..-.._.....----._-........._......_.... 895, 957, 1178, 1197, 2496
SB 160
--Court of Appeals and Supreme Court; costs in cases; change amount.._......,, 1613, 1645, 1674, 1762, 2230
HB 507
--Court Reporters' Retirement System; create--_--------------_------------------------...._- .1020, 1169
HB 14
--Criminal cases; computation of sentence imposed on indigent defendant.......-..------------------------66, 82, 312, 460, 702
HB 186
--Divorce; Judge shall hear case without jury if no issuable defense is filed.....--,,....-------- 302, 378, 500
HR 108-138--Dougherty Judicial Circuit; furnish certain law books ---- ------------ -- 259, 285, 544, 645, 1182
2810
INDEX
SB 115 --Felonies; punishment may be reduced
to misdemeanor upon recommendation
of jury..----__--..--------.--.--------1192, 1195, 1303, 2066
HB 527 --Flint Judicial Circuit; Solicitor-General,
contingent expense allowance --1023, 1173, 1177, 1319, 2179
HB 120 --Garnishment; default judgments for failure to
answer summons..--------------.---------......--.....-- .... 161, 215
SB 38 --Georgia Administrative Procedure Act;
amend to make technical
clarifications..... ..----... -755, 756, 830, 1614, 1963, 2250
HE 147 --Indigent Defendant Study Committee;
create--------..-------------------- ---- --393, 415, 961, 976
HR 127-212--Judges, Court of Appeals, Superior Courts;
Justices, Supreme Courts; Solicitors-General,
Superior Courts; Attorney General;
qualifications; amendment to the
Constitution.---------...--------------- ....------... .-372, 411
HB 423 --Judges' discretion to refuse bail pending appeal
of last conviction----.----.--.--------------------747, 829, 1396
HB 170 --Judges; procedure if presiding in circuit
other than his own -------- ...........__....... 282, 309, 312, 591
HB 378 --Judgments; entry on general execution
docket..____.-- ..-.__._._..631, 694, 1033, 1097, 1397, 1743, 2179
HB 18 --Judicial Circuits; establish law libraries;
certain counties----------------------67, 82, 131, 135, 272
HB 298 --Judicial Circuit law libraries; establishment;
shall not apply certain
counties.---..---.--..--------,.-----492, 542, 545, 646, 1185
HB 102 --Judicial Circuits; Statewide Probation
Act, officer in charge _...._ ... 155, 210, 1035, 1344, 1782, 2494
HB 511 --Judicial procedure for involuntary
hospitalization of mentally ill persons ....... ...... 1020, 1170
HB 513 --Judicial procedure for involuntary
hospitalization of mentally ill persons
....--1021, 1170
SB 136 --Judicial procedure for involuntary
hospitalization of mentally ill
persons .. ----..... ........... 1767, 1772, 1874, 1878, 2261, 2298
HB 273 --Jury duty; persons entitled to exemption.. ----. 471, 494
SB 153
--Jury duty; persons entitled to exemptions from all jury duty ....... . ----_... _. ....---- .. 2044, 2148, 2170
HB 653
--Juvenile Courts; Municipal traffic laws; change provisions ........ ............ .......... ....1601, 1669
HB 337
--Juvenile Courts; news media not excluded from hearings in certain cases--_.--.-.. ------.------------- 538, 638, 903, 1121
HB 525
--Juvenile; power to act as Courts of Inquiry _---------- ... 1023, 1172, 1210, 1398, 1650, 2496
HB 559
--Libel suits for damages; origination..--------_..--------.1027, 1174, 1398, 2017
INDEX
2811
HR 24-43 --Lookout Mountain Judicial Circuit; establish law library_____ .._ ..._____..___.__ 78, 92, 959, 973, 2178
HB 56 --Macon Judicial Circuit; Solicitor-General, change compensation paid by Peach County....... ._....._._--_........ ...... ...... ______ 88, 103, 501, 504, 831
HB 492 --Middle Judicial Circuit; Solicitor-General's salary....................... ............. 951, 1029, 1180, 1319, 1680
HB 703 --Mountain Judicial Circuit; Court Reporter's salary........................................... 1756, 1873, 2026, 2030, 2498
HB 255 --Mountain Judicial Circuit; Superior Court of Towns County; change terms.. ____________________ ....... ______ 408, 477, 545, 645, 1182
HB 116 --Northeastern Judicial Circuit; provide for terms ______________________________ 160, 213, 479, 525, 832
HB 393 --Oconee Judicial Circuit; Solicitor-General's salary _______________ ....... 686, 748, 834, 968, 2180
SB 114 --Ogeechee Judicial Circuit; SolicitorGeneral's salary..... .............. 1191, 1195, 1303, 1466, 1627
HB 22 --Permanent alimony where divorce procured in foreign country and wife not personally served ________________________ ________ 69, 83, 312, 465, 1608
SB 28 --Practice of law; statutory definition; repeal ________ ______________ 755, 756, 830, 1033, 1970
HB 166 --Pretrial and trial procedures in civil cases; modernize... ______________ .... _ ______ _ 282, 309, 312, 488, 586
HB 421 --Quiet title; claimant may bring in rem action......_...___._.__..___.--.....__.._... .......746, 829, 905, 1831
SB 82 --Release of defendant; recovery of personal property___________ 1401, 1402, 1465, 1677, 2267, 2297
HB 471 --Single in rem condemnation if ownership of two tracts of land identical......___.__. ..893, 956, 960, 1132
HB 50 --South Georgia Judicial Circuit; Official Court Reporter, supplement to compensation---_..._.__.________ _______________ 80, 94, 173, 230, 702
HB 141 --Southwestern Judicial Circuit; Solicitor General, compensation ..................... 260, 286, 312, 456, 832
HB 582 --Stone Mountain Judicial Circuit; increase number of judges ______ __ .___ 1168, 1301, 1396, 1654
SB 157
--Stone Mountain Judicial Circuit; increase number of Judges to four ..... 1614, 1687, 1761, 1762, 2055
HB 396
--Stone Mountain Judicial Circuit; Judge, Superior Court; salary supplemented by DeKalb County .................... 687, 748, 834, 969, 2439, 2446
HB 678
--Stone Mountain Judicial Circuit; Official Court Reporter's salary . _____ ......... 1668, 1759
HB 395
--Stone Mountain Judicial Circuit; Solicitor General's salary ____ .. 687, 748, 1177, 1319, 2495
HB 131
--Superior Court Clerks; increase
amount of bond ........
207, 262, 1035, 1276, 2180
2812 HB 223 HB 169 HB 144 HB 568
HB 224 HB 294 HB 584 HB 284 HB 704
INDEX
--Superior Court Clerks; placed upon an annual salary--..--------_.----.-.. .....--___._____....___.._ 374, 413
--Superior Court Clerks; redefine fees for record of transmission.----------282, 309, 312, 590, 739, 1468, 2424
--Superior Court Judges, Emeritus; appointment of totally disabled __--------__.___._ 260, 286, 504, 619, 623, 624, 735, 1399
--Superior Court Judges; salaries increased according to per capita State income.-...-.....------.-..1167, 1177, 1300, 1660, 2418, 2421, 2435, 2457, 2482, 2487, 2488, 2493
--Superior Court Clerks; storage of materials; increase distance from courthouse.--..-.---------.374, 413, 503, 574, 2250, 2419
--Superior Court Judges Emeritus; change certain salaries----_----.------------------492, 541
--Superior Court Judge Emeritus.-..-...-------------.-1289, 1391, 1615, 1737
--Superior Court Jury clerks; change population requirements in order to apply to certain counties----.......--------473, 496, 699, 780
--Supreme Court and Court of Appeals; additional distribution of laws, journals and reports ......._._ --.__------------.--------------------1870, 2021
COWETA COUNTY
HB 489 HB 265
--Deputy's and jailers' salaries----------------------950, 1028, 1034, 1198, 1612
--Newnan-Coweta Airport Authority; create------...__.----..-----------...470, 493, 501, 549, 831
CRAIG, T. W. HR 84-121 --Compensate --------. 163, 216, 499, 556, 1683, 1720, 2122, 2377
CRAWFORD COUNTY
HR 258-703--Board of Education; appointment of school superintendent; amendment to the Constitution^------ ..-- 1757, 1873, 2026, 2035, 2500
HB 304 --Sheriff's salary.....------.--.----....----. 530, 633, 698, 708, 1609
CREDIT UNIONS HB 532 --Procedure for incorporation .... . .............._..... 1024, 1173, 1176
INDEX
2813
CRIBBS, REV. GILBERT --Prayer offered by .----... .... -- ----------------------403
CRIMES (See named offense)
SB 106 HB 44 HB 227 HB 490 HB 129 SB 107 HB 340
HB 341 HB 386 HB 52 SB 9 HB 13 HB 478
HB 16 HB 275
--Abandonment of children;
penalty- ....___._......._........__._. ..... 1614, 1686, 1760, 1762, 2059
--Child abuse; certain persons required to
report... 79, 93, 905, 1003, 1400, 1415, 1468, 1642, 2012, 2046
--Criminal offense to drive while under influence
of alcohol or narcotics __.... ..... ....._...___. 375, 413, 1034, 1857
--Drunkenness in parked motor vehicle on public
street or highway ------ ------------ ._...951, 1029, 1396
--Hitchhiking; prohibit -- . .
....207, 262, 697, 1356
--Horse stealing; punishment .................1191, 1195, 1303, 1677
--Illegal manufacture of alcoholic beverages;
misdemeanor to possess equipment or raw
materials _-----------,,..----.--_----.--------------------538, 639
--Illegal manufacture of alcoholic beverages;
penalty for conspiracy ----..539, 639, 1033, 1369, 1443, 1946
--Illegal possession of weapons; County Sheriff
may confiscate and sell ----632, 695, 1177, 1371, 1397, 1859
--Larceny of motor vehicles;
punishment ---------------- . --------------88, 102, 545, 664
--Larceny of motor vehicles;
punishment .._.._...._.._.______... -. ---- 755, 756, 829, 1677, 2162
--Lottery tickets; unlawful to
possess _-----..----...--..----... 66, 82, 503, 578, 580, 625, 737
--Operators of motor vehicles; wanton disregard of safety of persons or property, misdemeanor -.____-.-----_._------..------..895, 957, 1177, 1373
--Tobacco; manufacturer's serial or code numbers; unlawful to remove .--------...67, 82, 171, 228, 479
--Unethical selling techniques .....------_.472, 495, 503, 615, 1308
CRIMINAL CASES
HB 14
--Computation of sentence imposed on indigent defendants ---.----------66, 82, 312, 460, 702
CRIMINAL PROCEDURE
HR 22
--Civil and Criminal Procedure; create committee to study --------..--------------__....------------71, 104, 149
2814
INDEX
GUMMING, CITY OF HB 317 --Permanent voter registration ._.._._..._.. 534, 636, 698, 711, 1473
CURRUTH, REV. CARL Prayer offered by -.-..----------.----.-------------------- 95
D
BADE COUNTY
HR 28-43 --Conveyance of permanent easements, certain property ............................... ------........ 79, 93, 264, 296, 1476
DAILEY, HONORABLE J. T. HR 178 --Wishing speedy recovery ---------- ---- .----------------.650
DAIRY INSPECTION ACT; MILK AND CHEESE
HB 519 SB 131
--Amend relating to ice cream ------...---------- 1022, 1171, 1175 --Amend relating to ice cream.---- 1614, 1644, 1673, 1877, 2135
DALTON, CITY OF HB 400 -- Police and Fire Department,
688, 749, 903, 906, 1474
DARNELL, GROVER J. HR 26-43 --Compensate ---- . ....__.--78, 92, 499, 553, 1681, 1708, 2120, 2377
DAVIS, HONORABLE TRUITT HR 259 --Congratulate --.------------------------. ._.----..---- --1781
DAWSON, CITY OF
HB 171 HB 172
--Mayor and Council's compensation --------283, 309, 382, 424 --Sale of certain property __.--------.- 283, 310, 382, 428, 1472
INDEX
2815
DAWSON COUNTY
HB 543 HB 664
--Ordinary's salary ................ 1162, 1296, 1306, 1404, 2304, 2346 --Sheriff's salary ..... ..._.___.._. 1606, 1672, 1763, 1892, 2304, 2345
DAY NURSING PROGRAM HR 230 --Create committee to study ......................... ........_._._.....__......1324
DEALERS, RETAIL
HB 133
--Sales tax; compensation allowed for collection and remittance ................_..___....._.. 208, 262, 1180, 1328, 1679
DECATUR COUNTY HB 694 --Small Claims Court, create
1755, 1872, 2025, 2034, 2498
DEEDS HB 42
--Real property; certified copy admissible in evidence ..... ...........__.___..................___._...77, 92, 479, 520, 1182
DEKALB COUNTY
HB 654
HB 397 HB 269 HB 682 HB 672 HB 655 HB 658 HB 396
HB 548
--Certain employee's pension benefits _._._.._.___ 1602, 1670, 1677, 1775, 2301
--Civil and Criminal Court Judges, Solicitors, salaries __.....__-.._... .---687, 748, 835, 837, 1474
--DeKalb County Local Government Commission; establish ._____-.-._...__-.-._._._.-......._--..._--_-...---.-471, 494
--Legal advertisement, publication ___..__._.._........._._.._...1668, 1759 --Life Insurance companies and representatives,
levy tax ____...-.._.--.__.------...__........__..1666, 1758 --Pensions, transfer funds ...............1602, 1670, 1677, 1775, 2301 --School System; audit books _..._... 1603, 1671, 1763, 1895, 2301 --Stone Mountain Judicial Circuit; supplement
salary of Judge, Superior Court ...............687, 748, 834, 969, 2439, 2446
--Tax Commissioner; extend time for filing returns ..____.___.__..... ___...___.._____....___1163, 1297, 1306, 1404, 1770
DENNIS, DR. WILLIAM H., JR. HR 166 --Express sympathy for passing of ....--..----__.___..----__........514
2816 DENTISTS
HB 112
INDEX
--Board of Dental Examiners; additional grounds for revocation or suspension of licenses __-----------._._----.------. .._____158, 212, 902, 1446
DEPARTMENT OF AGRICULTURE
HB 677 HB 515 HB 192 HB 524 HB 650 HB 426 SB 131 HB 519 SB 98 HB 480
--Commercial weighers of corn or small grain; licenses ___.....--------..__---.--------._----.--------------1667, 1758
--Division of Institutional Farms; create ......1021, 1171, 1175 --Farmers'markets; Commissioner allowed to lease
land --.--.__-___----------------_...._---- 303, 378, 696, 789, 1880 --Georgia Biological Permit Act;
establish ----------___------.------1023, 1172, 1176, 1952, 2303 --Insecticides, fungicides; licenses required for
commercial application __--------------....._..._.1459, 1607 --Laying hens; redefine production as applied to
property tax exemptions ...._----.1023, 1172, 1615, 1956, 2303 --Milk and Cheese; Dairy Inspection Act; amend
relating to ice cream --------.1614, 1644, 1673, 1877, 2135 --Milk and Cheese; Dairy Inspection Act; amend
relating to ice cream .._------__----------------1022, 1171, 1171 --Milk Control Act; true legislative intent of
transfer of Milk Commission ........959, 963, 963, 1030, 1969 --Swine breeding stock; license to sell __--.------------.895, 957
DEPARTMENT OF ALCOHOL BEVERAGE CONTROL
HB 546 HB 305
--Provide for ...._--..._....-.-------_.__---------1162, 1297, 1396 --Provide for under Alcohol Beverage
Control Act ____.__..._------------_-.--........----...530, 634
DEPARTMENT OF ARCHIVES AND HISTORY
HB 217
--Secretary of State to designate and establish branch depositories ----------.373, 412, 699, 797, 1468, 2426
DEPARTMENT OF INDUSTRY AND TRADE
HB 377 --Establish air markers ....----------__--630, 694, 902, 999, 1399 HR 177-407 --Lieutenant-Governor; additional duties in
connection with; amendment to the Constitution __..__,,----------------------------__--.689, 750
INDEX
2817
DEPARTMENT OP PUBLIC HEALTH
SB 35 HB 219 HB 344
SB 150
HB 245
--Authorized to enter into agreements related to control or ionizing radiation ....--....546, 547, 641, 905, 1010
--Board of Health; increase membership ----------------.373, 412 --Public Assistance Act of 1965; establish
categories of assistance payments ----------------.._._--..-539, 640, 962, 1123, 2174 --Revise laws relating to issuance of birth certificates in adoption cases _..._...--.1767, 1773, 1874, 1878,
2253, 2296, 2345, 2381, 2400, 2501 --State institutions; cost of care assessed against
assessable income of patient ......-._.._.._.__....--..._ 406, 453, 476
DEPARTMENT OF PUBLIC SAFETY
HB 535 HB 209
HB 399 HB 232 HB 231 HB 356 HB 358 HB 581
HB 129 HB 30 HB 11 HR 39 SB 54 HB 115 HB 113 HB 278
HB 614
--All vehicles used for police purposes must be directly marked --....--_--------.1026, 1174, 1179, 1356, 2179
--Blue, alternately flashing lights; misdemeanor if used by private motorists ..............371, 410 judgment for damages------...._____ 376, 414, 479, 518, 2180
--Compensation of certain members.----.----687, 700, 749, 885, 1400, 1413, 1416, 1426, 2009, 2045
--Disposition of security deposited to satisfy --Driver's license; educational requirements if
under 21 years of age ............._.--__.._...___ 376, 414, 453 --Driver's license; minimum age requirement for
applicants of operator's license ..--------626, 649, 690, 901 --Driver's license; revocation on 65th birthday;
renewal of ......_._._------------.__...._.......----------.627, 691 --Filing of proof of financial responsibility upon
second conviction, certain offenses, repeal ...............................__..._........_.-.-.-.....-.__.1289, 1306, 1391 --Hitchhiking; prohibit ------------------------207, 262, 697, 1356 --Inspection of Motor Vehicles Act; change provisions ..----.------._.__------------._----._.__ 75, 90 --Inspection of Motor Vehicles Act; change provisions --....------............_..----......_...._.....----_....66, 81, 642 --Inspection of Motor Vehicles Act; create committee to study ...------_.....----------___.-- 106, 173, 255 --Inspection of Motor Vehicles Act; inspection prior to sale to general public------------------644, 648, 696 --Inspection of Motor Vehicles Act; repeal ------..159, 213, 642 --Inspection of Motor Vehicles Act; shall apply to 1963 or later models ------..-.._.--------.--..........__ ----159, 213 --Inspection of Motor Vehicles Act; change certain requirements ........472, 495, 699, 849, 872, 1608, 1940, 2003,
2016, 2150, 2168 --Inspection of Motor Vehicles Act; seller must
warrant that vehicle ready for inspection....1383, 1450, 1678
2818 HB 376 HB 2 HB 53 HB 233 HB 210 HB 216 HB 339 HB 259 HB 357
INDEX
--Learner's driver's license; holder may operate motor scooter _.._........._... - .......... ... .._.._..___..__________ 630, 693, 1034
--License plates; issued by county tax collectors or tax commissioners --.___.___..__....._.......... 24, 48, 71, 112, 265
--License plates; payment of annual tax semi-annually ...._..._..........._._...... ....... .... ....88, 103, 525, 1399
--License plates; proof of payment of ad valorem tax .... ._..___.......__.._._............ .......... 376, 414, 452, 698
--License plates shall not be issued until payment of ad valorem tax ........___._.____.._._.___....__..___ 371, 410, 453, 1180
--License plates issued to ham radio operators ...................___.__....._......_..........__.._.. 373, 411, 502, 580
--License plates; tax commissioners shall be agent for accepting applications .-.-- .-..... ..._..__..._____... 538, 639, 743
--Special license plates to Georgia Civil Defense _._... . 409, 478 --Speed detection devices used; by counties and
municipalities .... ....__...____._..............._..__...._.._.....627, 691, 960
DEPARTMENT OF REVENUE
HB 339
--Motor vehicle license plates; tax commissioners shall be agent for accepting applications ...... 538, 639, 743
DEPUTY SHERIFF
HB 325
--Ineligible to serve as grand or traverse juror during term of office __........ .................. 536, 637, 1033, 1375
DEXTER, TOWN OF HB 553 --Municipal elections, date held .__.____1164, 1298, 1306, 1404, 1770
DEVELOPMENT CORPORATIONS HB 468 --Incorporate on a statewide basis .. 827, 900, 1465, 1733, 2495
DIABETICS HB 485
--Authorization to wear identification bracelet or tag ___..______.._____.__._..-......._..___949, 1028, 1176, 1724, 2146, 2226
DISABLED VETERANS HB 700 --Honorary fishing licenses ............1756, 1873, 1877, 2053, 2497
INDEX
2819
DIVISION OF INSTITUTIONAL FARMS
HB 515
--Create within the Department of Agriculture ---------------------------- 1021, 1171, 1175
DIVORCE HB 185 HB 186 HB 22
--Alimony; revised if husband or wife has a change in income ------- ._.._..__.......___.__..___.301, 377, 500, 617
--Judge shall hear case without jury if no issuable defense is filed.-............---.. ............ 302, 378, 500
--Permanent alimony where divorce procured in foreign country and wife not personally served ....._.. ......... ..................----....... 69, 83, 312, 465, 1608
DOCTORS HB 254
--Sterilization; authorized to perform operation on certain persons ....... .................... - ... 408, 477, 641, 1646
DODD, TROOPER W. E. HR 98 --Commend------ -------------- ----------------200,270
DOMESTIC ANIMALS
SR 40
--Ad valorem tax; exempt; amendment to Constitution --------------------------- ---1767, 1774, 1876
DOOLY COUNTY HB 211 --Change certain official's salaries ... 372, 410, 501, 505, 753
DOUGHERTY COUNTY
HB 70 HB 661 HB 662
--Justice of the Peace; special elections ----_------.----_.----__.102, 127, 172, 174, 270, 274
--Sheriff and Clerk of the Superior Court, salary ------.------------..----....1604, 1671, 1762, 1892, 2299
--Tax Commissioner's salary ----..1604, 1671, 1762, 1892, 2299
DOUGHERTY JUDICIAL CIRCUIT HR 108-138 --Furnish certain law books ._.------..-- 259, 285, 544, 645, 1182
2820
INDEX
POUGLAS, CITY OF
HB 438 HB 126
--City Court's Judge and Solicitor; salaries ----.----......._..._.....--------...824, 898, 961, 971, 1190
--Close portions of certain streets ..... 206, 261, 289, 316, 645
DOUGLAS COUNTY FOOTBALL TEAM HR 138 --Commend .... -- ---___..___._.__._.._.._.. ..386
DOUGLAS COUNTY
HB 181 HB 72
--Change certain official's salaries ....301, 377, 382, 420, 1609 --Coroner's salary _-..._.__..--- -- .118, 165, 217, 223, 498
DOWNS, MRS. LOLA HR 294 --Expressing appreciation to ---...---- ......
...... _.._..-- -- 2327
DRAFTS SB 2
--Georgia Sale of Checks Act; license required of
business selling for a fee -
.700, 704, 750, 960, 1150
DRIVER EDUCATION COURSE
HB 355
--Included as part of curriculum of all public high schools; minimum requirements --------626, 690, 901
DRIVER'S LICENSE (See Department Public Safety)
HB 231
HB 376 HB 356
HB 358
--Educational requirements if under 21 years
of age
--- ---..--.--.376, 414, 453
--Learners; holder may operate motor scooter ....630, 693, 1034
--Minimum age requirements for applicants of
operator's license --------------._.____-___._.626, 649, 690, 901
--Revocation on 65th birthday; renewal of ----------......_627, 691
DRUGS
HB 601 HB 196 SB 123
--Narcotics; felony to sell to minors ............................1293, 1393 --Osteopathy; provide for use .------._____- ___________....._.._..304, 379 --Paregoric; unlawful to possess more than two
fluid ounces ------.-....... .........1469, 1643, 1673, 1676, 2131
SR 30
HB 453 HB 544
INDEX
2821
--Petition Congress; must purchase certain drugs from patent owners.____-......__1469, 1645, 1674, 2294, 2408
--Sales tax; exempt __.__._._...........__-..-....__._______..___.890, 953 --Sales tax; exempt if prescription required __-_--.,,....1162, 1296
DRUNKENNESS
HB 490
--Crime if person in parked motor vehicle on public street or highway .._.........--_--...-.951, 1029, 1396
DUBLIN, CITY OF
HB 82 HB 504
--Dublin-Laurens School System; create ..._._._.__.__.__........_~_-120, 166, 217, 220, 416
--Wards, redefine territorial limits ..1019, 1169, 1306, 1402, 1769
DUNCAN, HONORABLE A. C.
HR 36
Contest ..................................... ,,.,,.,,._----.............. 11, 12, 95 Oath of Office .___....................._.____._._-__._.__-_._.___............_.. 97 --Representative, Fannin County; duly elected --_---...--...._- 96
DUNCAN, HONORABLE J. EBB SR 18 --Commend _.....__..._._...._.__._.__......._._...__.___.............. 264, 267
DURDEN, HENRY W. HR 54-101 --Compensate .._......____._..__.__........155, 210, 1675, 1778, 2304, 2380
DuVALL, REV. DON Prayer offered by --.-..--_--,,---------__--_-. --------------__--__ ..205
DYSART, FRANK C. HR 53-99 --Compensate........ 154, 209, 499, 555, 1682, 1713, 2121, 2377
EAST DUBLIN, TOWN OF HB 637 --Municipal election hours ........ ... 1387, 1463, 1467, 1616, 2177
2822
INDEX
EAST POINT, CITY OF
SB 205 HB 680
--City Clerk's duties ............._._........._ 1882, 1890, 2024, 2168 --City limits, change ----_._.__ ____. -1668, 1759, 1763, 1895, 2497
ECHOLS COUNTY
HR 235-652 --Board of Education; appointment of members; amendment to the Constitution ........ 1601, 1669, 1677, 1912, 2499
HR 161-313 --Echols County Development Authority; create; amendment to the Constitution . 534, 635, 961, 1078, 2177
HB 604 --Sheriff's salary ____. ------.................1293, 1393, 1466, 1621, 2176
ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT COMMITTEE
HR 271 --Create committee to study recommendations ..
...... 1936
EDUCATION
HB 236 --Certified professional personnel shall not be
assigned to serve as classroom teachers .... .... . .... 405, 474
HR 66-117 --Classroom teachers, public and private schools;
declared professional people _._.,,_......._....._.....__..__...._. 160, 214
HR 238-657 --Costs incurred by State and local governments in
operating public schools; create committee
to study ___.... .......1603, 1671, 1678, 1836, 2251, 2278, 2297,
2344, 2360, 2419
HR 153 --Council of State Governments requested to create
Interstate Commission to study standards ... .
483
HB 360 --County Boards; two or more members may be
selected from same militia
district ...... ......... 627, 641, 691, 994, 1679
HB 432 --Dependent students; additional exemptions on
income tax .... ------......--_.. ........ ............ ........ ... .. ... 823, 897
HB 355 --Driver Education Course included as part of
curriculum of all public high schools;
minimum requirements __--------..._.--------.--.626, 690, 901
HR 216 --Freeze salaries of certified personnel for next
biennium ___------_--_.__--_...--.,,._.___------..----------__. .... -1204
SB 162 --Georgia Education Improvement Council; provide
for additional members ___._.----_........_....._----1613, 1645, 1674
SB 8 --Georgia Higher Education Assistance Corporation;
create .__._.---- ... 700, 704, 751, 962, 1107, 1194, 1940, 2119,
2363, 2382
HB 520
--Integrated schools; report number of students attending ....------_...-------_..-......__.._.----.......... ...... 1022, 1171
SR 64 SB 139
INDEX
2823
--Interim Scholarship Study Committee; create ..............._.----.-..... 1469, 1645, 1675, 1879, 2142
--Local school systems; audit and check books ......-.....1613, 1644, 1673, 1676, 2403
EDUCATIONAL ORGANIZATIONS
HB 373 --Method for discharging existing trustees ___________ 630, 693 HB 206 --Minimum Foundation Program of Education Act;
determination of local participation __..__ 371, 410, 901 HB 498 --Minimum Foundation Program of Education Act;
equalized adjusted school property tax digest; independent school systems ._ --_.____.-...._.--.___.__---- 952, 1030 HB 148 --Minimum Foundation Program of Education Act; funds allocated to local units ___________._....__________________._.. 278, 306 HB 585 --Minimum Foundation Program of Education Act; local financial ability; change provisions _--.... 1168, 1301 HR 231 --Minimum Foundation Program of Education Act; local financial ability; create committee to study best method of calculating .__.__.______..____... ......... _._1325 HB 86 --Minimum Foundation Program of Education Act; minimum schedule of salaries ________ 121, 168, 171, 226, 480 HB 625 --School buses; Motor Fuel Tax Law; refunds _____ __..1385, 1461 HR 139 --School bus service to day students above high school level; create committee to study .._. ... ..__..__.. .390 HB 47 --School superintendent's offices; clerical personnel, minimum standards and salaries ___..__79, 93, 901 HR 212-569 --Tax levy for education; change millage limitation; amendment to the Constitution _ ...._......___._._.___.___. 1167, 1301
HB 659 HB 496 HB 88 HB 261
--Teachers' Retirement System; addition of two members to Board of Trustees ....__......,,--.. 1603, 1671, 1676
--Teachers' Retirement System; allowance received upon service retirement.. 952, 1030, 1175, 1449, 2123, 2205
--Teachers' Retirement System; Board of Trustees' membership ............-......._..... ...122, 168, 901, 1114
--Teachers'Retirement System; contributions and service credit ______________ ........ 469, 493, 499, 609, 2123, 2212
HB 262
--Teachers' Retirement System; disability allowance ....................................... ... 470, 493, 499, 611, 1182
SB 22
--Teachers' Retirement System; Board of Trustees; provide for two additional members ......... . 644, 648, 695, 698, 901, 1114, 1159, 1443
SB 184
--Teachers' Retirement System; define establishing basis for minimum schedule . ... 300, 305, 381
SB 15
--Teachers' salaries; change provisions for etsablishirig basis for minimum schedule _ 300, 305, 381
HR 205 --Teachers' Salary Study Committee; create .......................... 978
HB 407 --Teachers' work days; ratify ___________ ..... ....... .__.__. 689, 750, 901
2824 HR 152 HR 140
INDEX
--Teachers' work day; State Board of Education
requested to rescind order requiring 200
working days -- _------------
__........... ...----.482
--Twelve month school year; create committee to
study ....__...........___.__..._____.._.......__._................_....... 391, 2295, 2343
EDWARDS, HONORABLE FRANK H. HR 16-JR 1--Legislative Counsel; election of .-...-..-,,.-----...-.--_.--_.__--_..___..52
EFPINGHAM COUNTY HB 222 --Sheriff's salary _------------------------374, 412, 501, 507, 1184
EGG COMMISSION, GEORGIA SR 93 --Expressing appreciation to _______________________________________.1880, 1933
ELBERT COUNTY
HB 123 HB 213
HB 122
--Chairman of Board of Commissioners; duties.--163, 216, 284 --Chairman of Board of Commissioners;
salary ____.___...._._.._.........._..............372, 411, 501, 506, 1472 --Clerk of Superior Court, Ordinary; change
compensation --...----.._...__...--__.....__..163, 216, 289, 316, 645
ELECTIONS
SB 13 --Absentee ballots; procedure ---- 264, 266, 287, 699, 925, 1309 HB 319 --Assistance to electors in voting compartment or
booth .--.----.--------.------ ----....----.--..--_.- 535, 636 SB 12 --Assistant Managers and poll officers shall
assist in reading names and other information on ballot ..__._.-.........-.__..--............. 264, 265, 287, 312, 454 HR 186-439 --Freeholders only may vote in bond elections; amendment to the Constitution _-_..--.............. 825, 899, 903 HB 248 --Georgia Election Code; time required to file notice of candidacy in a general election 407, 476, 697, 786, 1470 HB 350 --Incumbent Justice of Peace may serve as poll officer ----------------------------.540, 640, 1179, 1423, 1841 SB 93 --November election; change certain provisions .-.--.__...------.1612, 1643, 1672, 1762, 1961, 2118 SB 75 --Presidential Electors, where printed on ballot; use of vote recorder ......1612, 1643, 1672, 1878, 2234, 2306 HB 473 --Separate voting facilities for disabled electors ____--_----..-------------------------....894, 956, 1677
INDEX
2825
HB 71 --Special, members of General Assembly; exceptions relative to vacancies occurring in 1965 ._.._............................._..._..102, 127, 130, 187, 188, 274
SB 26 --State Senators; election on a District basis ^-1614, 1686, 1760 HR 133-230 --Write-in candidates; require notice of
candidacy; amendment to the Constitution __.____________.__..___--.376, 414, 544, 666, 2250, 2284
ELECTION BOARD, STATE HR 148 --Mrs. Harry B. Williams, Jr.; elected as member ........_....,,_ 452
ELECTION CODE, GEORGIA
HB 580
--House of Representatives; election of members in 1965 ......._...............1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472
ELECTION LAWS STUDY COMMITTEE HR 156 --Create .....__..........____________487, 497, 835, 993, 2429, 2429
ELECTRICAL CODE
HR 173
--Statewide Plumbing and Electrical Code; create committee to study establishment .___._______563, 1678, 1934
ELLARD, HONORABLE GLENN W. Elected Clerk of House -__.........__..----~~--------_____..___.__16
EMANUEL COUNTY
HB 613
--Emanuel County Development Authority, create ._..._._-._.....-.-._...........-...-._1295, 1395, 1467, 1624, 1887
EMERITUS OFFICES
HB 583
--Create for State House Officials ......._...............:....._.__..1168, 1177, 1301, 1420, 2438
2826
INDEX
EMINENT DOMAIN
HB 471 HB 107 HB 274
--Single in rem condemnation if ownership of two
tracts of land identical _....__._._._
893, 956, 960, 1132
--State Properties Acquisition Commission;
create .__.._....._..._._._. .156, 211, 503, 664, 699, 807, 2045, 2393
--Underground reservoirs for storage of natural
or manufactured gas; grant
rights ........______.._______.:....____..____.472, 495, 544, 932, 1765, 1944
EMORY, LEILIA HR 33-61 --Compensate ___.._...__...________...._..........._..........................
100, 125
EMORY, LULA HR 34-61 --Compensate ................._-._....-__-._._............._..._.._._.._.____._....___100, 125
EMPLOYEES HR 232
--Certain business firms urged to reexamine personnel policies __.-----..--...--..--...-..-.-...........-_._._._... 1326
EMPLOYEES RETIREMENT SYSTEM Interim study committee report - ..._.........................._........ .2664
EMPLOYEES' RETIREMENT SYSTEM, GEORGIA
HB 600
--Georgia Cooperative Services for the Blind, Inc.; credit for previous service __..__..... _._.__..___.___...._.._...._..1293, 1392, 1396, 1741, 2496
EMPLOYEES' RETIREMENT SYSTEM, STATE
HB 43
HB 647 HB 495 HB 285
HB 697
SB 218
--Certain members may re-establish credits for prior service ............................... 78, 92, 544, 659, 1469, 1483
--Certain tax assessors to become members ----.-- ..1458, 1607 --Creditable service for certain employees __.._._..__......_._ 952, 1029 --Former employees; change
provisions ___..__._.._....................... 474, 496, 524, 696, 983, 1680 --Remove provisions providing creditable service
for certain members _______.....__........ . 1755, 1872, 2025, 2116 --Remove provisions providing creditable service
for certain members ........2046, 2148, 2170, 2173, 2349, 2418
HB 257
INDEX
2827
--State Highway Department; certain employees
shall be eligible
_ . ----.----.409, 478, 500, 568
EMPLOYMENT SECURITY LAW
HR 58
--Licensed real estate salesman; commission not deemed employment ----.....-...-89, 103, 641, 733, 744, 1014
EPILEPTICS HB 485
--Authorization to wear identification bracelet or tag -------..----.......----949, 1028, 1176, 1724, 2146, 2226
ERNEST, REV. H. N. Prayer offered by --------------.----,,------ ------------------1750
ESTATES SB 156
SB 135
--Taxation; reciprocity with other states; intangible personal property of non-residents ------------1681, 1687, 1761, 1869, 1878, 2252
--Wards; termination of guardianship when restored to mental health ----1684, 1772, 1874, 1878, 2263
ETHERIDGE, HONORABLE JACK HB 281 --Protest by Re:
------------ -----741
ETHICAL STANDARDS COMMISSION HB 99 --Create -----------------------.--------------.----154, 209
ETHICS, PROPOSED CODE OF Interim committee report - ---------- -- --------------------2584
EVANS, MR. AND MRS. ALBERT HR 86-121 --Compensate --....... 163, 216, 1175, 1201, 1683, 1721, 2122, 2377
2828
INDEX
EVANS COUNTY HB 406 --Sheriff's salary ... .
_._.____689, 750, 835, 839, 1190
EXECUTIONS Stay of by Governor _----____----..--.--.----.._--.----_--._----.--128
F
FAIRBURN, CITY OP SB 201 --Corporate limits, extend ___.___.._----------_------1882, 1890, 2023
FAMILY AND CHILDREN SERVICES, STATE DEPARTMENT OF
HB 34
--County employees; provide Health Insurance Plan ------------------.------ . --.--76, 90, 499, 613, 2479, 2480
FAMILY AND CHILDREN SERVICES, DEPARTMENT OF
HB 344
--Public Assistance Act of 1965; establish categories of assistance payments ------------539, 640, 962, 1123, 2174
FANNIN COUNTY
HR 36 SR 84
HB 545
--Honorable A. C. Duncan duly elected Representative ___--.96 --School Superintendent; election; amendment to
the Constitution ...................2146, 2149, 2171, 2295, 2312 --Sheriff's salary ..............................1162, 1296, 1306, 1407, 2175
FARMERS' MARKETS
HB 192
--Commissioner of Agriculture allowed to lease land ._-__.----...._..................... ...-- 303, 378, 696, 789, 1880
FARMS
HB 434 HB 515
--Certain machinery exempt from sales tax ..._------_. 824, 898 --Division of Institutional Farms; create
within the Department of Agriculture _._._--1021, 1171, 1175
INDEX
2829
HB 663 --Equipment exceeding width and length requirements; special permit not required during daylight hours within certain radius of owner's residence ......__.-__.__-___1604, 1672, 1676, 1829, 2299
HB 657 --Equipment exceeding width and length requirements; special permit not required during daylight hours within certain radius of owner's residence ......--._-,,,,.--..._----.1602, 1670
HB 642 --Equipment exceeding width and length requirements; special permit not required during daylight hours if used on highways ___._._..._-..._._._..._-......- 1388, 1464
HR 234-648 --Farm products; ad valorem property tax; classify certain lands; amendment to the Constitution ...__......._.-.._-.......-_....-_._._-.._-_.,,.._1458, 1607
HR 204-521 --Implements; exempt from ad valorem taxation; amendment to the Constitution _....._._.__________.1022, 1172
FARMS, STATE: COMMITTEE TO STUDY Interim committee report - .... ._._.....__.._...._.....-...__-..-_._.._._.._....2590
FAYETTE COUNTY
HB 447
HB 445 HB 444 HB 446 HB 443
--Board of Commissioners of Roads and Revenues, salaries ____.__-___.______826, 900, 961, 968, 1610
--Clerk of Superior Court, salary _...._____826, 899, 961, 968, 1610 --Ordinary's salary -__.___.___-.___._-___....._._.826, 899, 961, 967, 1610 --Sheriff's salary .__.___._.___.__-.___.____________.___826, 900, 961, 970, 1610 --Tax Commissioner's salary ______.__...._-_.826, 899, 961, 967, 1610
FEEDING STUFFS
HB 73
--Commercial; inspection fee, change amount _____.._.__.____.__________.__________118, 165, 504, 729, 1400, 1639
FELONIES SB 115
--Punishment may be reduced to misdemeanor upon recommendation of jury __-._.___._.1192, 1195, 1303, 2066
FIRE DEPARTMENTS, VOLUNTEER HB 320 --Sales tax; sales exemptions ______-._-.__-_...._____._--__-535, 636
2830
INDEX
FIRE COMMISSIONER
HB 128
--Georgia Safety; Building Exists Code; rules and regulations _______._._,,.__,,______,,__,,_
_._.___.207, 262
FIRE INSURANCE
HR 283 --Special Fire Insurance Committee on
Underwriting Practices; create.,,..,,.._______
2319
HR 225-612 --Special Fire Insurance Committee on Underwriting
Practices; create .___1295, 1394, 1764, 1959, 2251, 2276, 2297
FIREMAN'S RETIREMENT SYSTEM, GEORGIA HB 345 --Create and establish .._................................._.. 539, 640, 697, 842
FISCAL OFFICERS
HB 314
--Preparation of budget; working reserve, high and low income period ...____----__..______.__._________._._.___.534, 635
FISHING HB 62
--Licenses; honorary to disabled veterans ..___,,-..._..-_____._.-._.____-__ ______100, 125, 381, 458, 754
FISH HB 700
HB 384
HB 469 HB 375
--Licenses; honorary to disabled veterans ____________ __________._.___.___...___1756, 1873, 1877, 2053, 2497
--Licenses; increase non-resident fee ____.___.._______.._______-_____632, 695, 1032, 1427, 1439, 1476, 1648
--Navigable streams; redefine fishing rights ______ ___.....__893, 956 --Rough; use of baskets prohibited .______----,,_-___ ______.._.630, 693
FLINT JUDICIAL CIRCUIT
HB 527
--Solicitor-General; contingent expense allowance _.__..._____,,.....___._._________..___._____.1023, 1173, 1177, 1319
INDEX
2831
PLOURNOY, REV. W. W. --Prayer offered by........... _...----.................. ....,,...__..___........_. .....43
PLOYD COUNTY
SB 213 SB 188 SB 212 SB 90 SB 99 HB 363 SB 189 SB 200
--Board of Commissioners; members' salary ..................... 1882, 1891, 2024, 2174, 2182
--Certain officials, salaries .._.__..______________.--........___.1765, 1774, 1875, 2026, 2040
--City Court; Judge's salary.__..______________._._._..____._._______...1882, 1891, 2024, 2173, 2182
--Easement of certain property ______________________________2146, 2150, 2171, 2295, 2307
--Employees' Pension, qualifying requirements.............._____.___1191, 1195, 1302, 1306, 1409
--Percentage of contract price paid contractor-...............................-1387, 1463, 1467, 1616, 1888
--Tax Commissioner's salary............. 1766, 1774, 1876, 2026, 2040 --Treasurer's office, abolish......_____.1881, 1890, 2023, 2173, 2181
PLUORIDATION
SB 103
--Atlanta, City of; provide Fluoridation of Public Water System.--------.-905, 906, 958, 1762, 1905, 2046, 2118, 2288, 2389, 2392, 2452
FORD, MR. CHARLES HR 301 --Express appreciation.....----._._.________________________________ 2332
FONDREN, MISS KAY HR 40-84 --Compensate............... 120, 167, 499, 553, 1682, 1710, 2120, 2377
FOREIGN CORPORATIONS
HB 241
--Examination of petitions for the domestication of foreign corporations._____.___......_.. 405, 475, 697, 802, 2299
FOREIGN-TRADE ZONES
HB 15
--Right of corporations to operate and
maintain in or adjacent to ports of
entry ................_......_
67, 82, 132, 182, 754
2832
INDEX
FOREST PARK, CITY OP SB 83 --Personnel Department, create .............. 755, 757, 830, 961, 970
FORSBERG, E. C. A. HR 45-84 --Compensate-.-_-_---121, 167, 499, 554, 1682, 1712, 2120, 2377
FORSYTH COUNTY
HB 318 HB 316
--Board of Commissioners, expense allowance------ __........________.___..........__535, 636, 697, 711, 1473
--Sheriff and Clerk's salary____.._.____........534, 635, 698, 710, 1472
FORT GAINES, CITY OF HB 605 --Corporate limits, change __.__..........1294, 1393, 1466, 1624, 2300
FORTSON, HONORABLE BEN W., JR.
HR 303
--Expressing appreciation to_________________ _____________ __.__._._.___._2333 --Communication from ...___._.___.._____________._..........___._____.__........._5
FORT VALLEY, CITY OF
HB 177
--Council posts for Utilities Commission-------..--- ________________ 284, 310, 382, 419, 1183
4-H CLUBS OF GEORGIA SR 93 --Expressing appreciation to_________ __________......._.......__.______1880, 1933
FOWLER, HONORABLE J. WYMAN HR 12 --Express sympathy for passing of_______ ..__......................___________49
FREE ENTERPRISE WEEK, GEORGIA HR 287 --Designate for week of May 2-8, 1965 ....-......_-._-__,, 2323
INDEX
2833
FULTON COUNTY
HB 566 --Board of Commissioners, salary.--- 1166, 1300, 1306, 1406 SB 216 --Board of Education; reinstatement
in pension system after re-employment----------------2145, 2149, 2171, 2295, 2307 SB 31 --Chief Deputies of the Ordinary, salary------------------------------ 497, 513, 543, 1762, 1898 HR 183-418 --Conveyance of certain tract of state-owned property_________......... -746, 828, 962, 1099, 1471 HB 565 --Criminal Court; Judges and Solicitors, salary----_--------_------...1166, 1300, 1306, 1406, 2148, 2283 SB 182 --Dispossessory warrants; property moved away from premises pursuant to execution shall be placed in storage------- 1767, 1774, 1875, 2173, 2382 SB 32 --Fire Protection System, payment from general funds ----------_--------_-....--498, 513, 543, 698, 706 HR 248 --Fulton-Atlanta Court Study Commission; commend .----....--------------------. ____------ . 1693, 1880 SB 194 --Group Insurance for all regular County employees....----.--....-----......1881, 1890, 2023, 2173, 2181 HB 270 --Joint board of tax assessors, salaries--------------------------471, 494, 501, 551, 1185 HB 563 --Juvenile Court Judges' salaries.......................--.1166, 1300, 1306, 1405, 2147, 2281 HR 237-656 --Local Government Commission; establish---------------------- -....1602, 1670, 1677, 1780 HB 353 --Medical Examiner's office, create............................................... --626, 690, 753, 758, 1473 HB 564 --Ordinary's salary............... 1166, 1300, 1306, 1405, 2429, 2431 HB 655 --Pensions, transfer funds----------1602, 1670, 1677, 1775, 2301 SB 30 --Sheriff's sales, places held-------..-497, 513, 543, 698, 706 SB 181 --Taxes; minimum interest....___..._...--................1881, 1889, 2023 SB 88 --Traffic Court, Judges and Solicitor, appointment and tenure--------.......834, 842, 900, 1306, 1407 HR 143-247 --Transfer of certain real property.....------...------....----------407, 476, 503, 570, 1471
FUNERAL SUPPLIES HB 544 --Sales tax; exempt......--------------.----------------1162, 1296
FUNGICIDES HB 650 --Commercial application; license required------------1459,1607
FUTURE FARMERS OF AMERICA HR 151 --Robert Page, Vice-President; commend----------------_....__481
2834
INDEX
G
GAINESVILLE, CITY OP
HB 240
--Employees' Retirement System, annual increases ------------..........405, 475, 501, 509, 1184
GALLOWAY, NOEL M.
--Communication ._.._.... ....... ......
11
--Petition of . .------....... .--------------..... ....12, 95
GAME AND FISH COMMISSION, STATE
HB 384
HB 684 HB 700
HB 375 HB 62
--Fishing and hunting licenses; increase non-resident fee ......632, 695, 1032, 1427, 1439, 1476, 1648
--Director's compensation and expenses ___.___.___._______.__1669, 1760 --Honorary fishing licenses for totally
disabled veterans ----------------1756, 1873, 1877, 2053, 2497 --Rough fish; use of baskets prohibited ------------..____. 630, 693 --State; honorary fishing licenses to
disabled veterans __..._. ......_._-............._..100, 125, 381, 458, 754
GAME AND FISH LAWS --Interim committee report _______________________________________________ 2580
GARDEN CITY HB 214 --Extend corporate limits .....__..__.--------372, 411, 501, 506, 1184
GARNISHMENT
HB 645 HB 644 HB 120
--Attachment cases; conform procedure to procedure prevailing in ordinary civil cases ___..__....__....._....1389, 1464
--Attachment cases; provisions relating to person before whom affidavit shall be made ----.--...-.---1389, 1464
--Default judgments for failure to answer summons --161, 215
GAS HB 274
--Natural or manufactured; underground reservoirs for storage; eminent domain ----472, 495, 544, 932, 1765, 1944
GASOLINE HB 404 HB 45 HB 456 HB 441
HB 229 HB 625
INDEX
2835
--Motor Fuel Tax Act; accounting by counties of
expenditure of funds _._..-........_..............____._......688, 750, 1032
--Motor Vehicle Tax Law; refund if used by
certain water craft ...........____________ 79, 93, 700, 813, 2493
--Motor Fuel Tax Law; sales tax refund
if used for aircraft ...
. ..... .._._......._._.. .........891, 954
--Motor Fuel Tax Law; sales tax refund to
counties and municipalities._..___._____..___._.____________._______825, 899
--Redefine term ....... ....._..__........_.__. 375, 414
--School bus transportation; Motor Fuel
Tax Law; refunds ..............._.._____..........._._...._.....__.1385, 1461
GAYNER, HON. EDWARD J. Highway Board member; elected as --.--_......____.. 116, 142
GENERAL APPROPRIATIONS ACT
HB 25 HB 1
--Provide for ..........69, 84, 288, 324, 345, 395, 1031, 1048, 1072, 1096, 1193, 1220
--Supplement ................... .................23, 48, 49, 107, 110, 250, 251
GENERAL ASSEMBLY
HR 155 --Adjournment, February 26, 1965; relative to
apportionment ._.......__.._..._._..__..___....486
HR 115 --Appropriations Committee; adjournment for budget
study, Friday, January 22, 1965 ... .....__.__.....__..270, 271, 275
HR 190 --Authorize payment of certain committee expenses ___.___.....769
HB 449 --Compensation, allowances and mileage for members ..889, 953
HR 142-244 --Compensation and allowance of members;
amendment to the Constitution __._________.............._. .406, 476
HR 292 --Compensation and expenses of members;
create committee to study ..... ...........__..___..............__..._.2326
HR 278 --Compensation of members __________._.____._____.__.___.____________._._.__.2187
HB 383 --Election of Legislative Counsel ........631, 694, 904, 1006, 1609
HR 5 --Joint Session; canvass election returns ___________________20, 42, 50
HR 6 --Joint Session; to elect members of Legislative Counsel ...20, 42
HR 119 --Joint Session; to hear proposed State Songs ................290, 313
HR 7 --Joint Session; to hear address by Governor _.__........21, 32, 52
HR 96 --Joint Session to hear address by Senator
Richard B. Russell .._.___.___.....___._,,..._...
198, 265
HR 97 --Joint Session to hear address by Senator
Herman E. Talmadge ._____.____.____._.._.____..___.________199, 265, 293
SR 24 --Joint Session to hear proposed State Songs ________...____264, 267
HR 2 --Notify Governor that General Assembly has convened... 18, 41
2836
HR 222 HR 307
HB 71
INDEX
--Relating to expenses of members _._._._______.____.______._.__1210, 1678 --Sine Die, 11:35 P. M., Friday,
March 12, 1965 __._______-___.__________________..__.______2336, 2500, 2501 --Special elections; exceptions relative to vacancies
occurring during 1965 ___....__....102, 127, 130, 187, 188, 274
GENONE, ERNEST, JR.
HR 224-609 --Bibb County; release from all fi. fas., certain property ___..___.........__...........___.1294, 1394, 2024, 2129
GEORGE, JAMES R. HR 262 --Commend _._......___.___.._-........-.__........--.-..-..-._........_._._-..-.-.-_.1923
GEORGETOWN, TOWN OP HB 4 --Mayor and councilmen; terms of office ... 48, 70, 131, 133, 272
GEORGE, WALTER F. RESERVOIR HR 268 --Change name to Lake Chattahoochee ........____1929, 2305, 2388
GEORGIA ADMINISTRATIVE PROCEDURE ACT
SB 38
--Amend to make technical clarifications __......______,....___755, 756, 830, 1614, 1963, 2250
GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT
SB 151
--Membership of members of the General Assembly .....___......._._...._....__.1613, 1644, 1674, 1877, 2137
GEORGIA BASIC SCIENCE LAW HB 501 --Create ......_.-............-._.-.-__...-.-_..__.-..._...._...-..._._......1019, 1168
GEORGIA BIOLOGICAL ACT
HB 524
--Permit required to operate, sell, distribute any type of biological not used on human beings __._...._.___.._.._..1023, 1172, 1176, 1952, 2303
INDEX
2837
GEORGIA CIVIL DEFENSE HB 259 --Special license plates .-._-.._._......______.._.-.-.._._._________409, 478
GEORGIA COOPERATIVE SERVICES FOR THE BLIND, INC.
HB 600
--State Employees' Retirement System; credit for previous service ....-..--.--.1293, 1392, 1396, 1741, 2496
GEORGIA EDUCATION IMPROVEMENT COUNCIL SB 162 --Provide for additional members _.___________.........1613, 1645, 1674
GEORGIA EGG COMMISSION SR 93 --Expressing appreciation to ,,_________.____._--_.______.....1880, 1933
GEORGIA ELECTION CODE
SB 13 SB 12
SB 93
--Absentee ballots; procedure ..._.__264, 266, 287, 699, 925, 1390 --Assistant Managers and poll officers shall assist
in reading names and other information on ballot ......___....__..____._....._..._____.__.___264, 265, 287, 312, 454 --Change provisions relating to public officials being elected at the November election _..___._._....___________..__.1612, 1643, 1672, 1762, 1961, 2118
GEORGIA ELECTION CODE
HB 580
HB 350 SB 75 HB 248
--House of Representatives; election of members in 1965 ........1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472
--Incumbent Justice of Peace may serve as poll officer ............_______........._.....540, 640, 1179, 1423, 1841
--Presidential Electors, where printed on ballot; use of vote recorder ............1612, 1643, 1672, 1878, 2234, 2306
--Time required to file notice of candidacy in a general election __.______...._._________.____407, 476, 697, 786, 1470
GEORGIA FIREMENS' RETIREMENT SYSTEM HB 345 --Create and establish __......_.........-...__.____._.....539, 640, 697, 842
2838
INDEX
GEORGIA FREE ENTERPRISE WEEK HR 287 --Designate for week of May 2-8, 1965 ...__.__._.... .......... 2323
GEORGIA HEALTH CODE
SB 35 HB 547
--Department of Public Health authorized to enter into agreement related to control of ionizing _._____._.___...._....._._.546, 547, 641, 905, 1010
--Health budget, contributions from local funds, certain counties _..._....___._...............1162, 1297, 1396
GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION SB 8 --Create ....700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
GEORGIA HISTORICAL COMMISSION
SB 159
--Secretary of the Board of Commissioners; salary __......1613, 1645, 1674, 1878, 2138, 2170, 2230, 2237, 2298
GEORGIA HISTORICAL SOCIETY HB 288 --Designate and name new members ....491, 541, 699, 799, 2301
GEORGIA INDUSTRIES HR 207 --Urge State to purchase Georgia products ___.__-._....---------.974
GEORGIA INSTITUTE OF TECHNOLOGY
HB 497
--Designate as State Agency for establishment and operation of Water Resources Research _..._.._.. 952, 1030, 1308, 1454, 2180
GEORGIA INSURANCE CODE OF 1960
HB 67 HB 81 SB 125
HB 531
HB 560
--Amend to make certain technical clarifications _.__......._.--.101, 126, 129, 194 2180
--Change minimum capital investment required ___..--..119, 166 --Domestic stock insurers; manner in which dividends
paid to stockholders .___________....1685, 1687, 1761, 1877, 2245 --Domestic life insurance companies; establishment of
separate investment accounts .....--_.__.-....-.----.-- 1024, 1173 --Insurance companies writing fire insurance on
dwellings; increase tax .............. .......1027, 1174, 1398, 1866
HB 63
HB 296 HB 66 HB 83 HB 509 HB 510
HB 494
HB 64 HB 417 SB 57
INDEX
2839
--Insurers; annual report concerning affairs and operations ________100, 126, 171, 247, 266, 402, 416, 521, 1180, 1411
--Insurer's investment in mortgage loans; participation _________________._..__________.______492, 542, 697, 935, 2301
--Insurer; payment of commissions to salesmen _____._.____-_._____....____-__...__..______101, 126, 129, 193, 2178
--Insurer; right to require proof of loss ___._.__._..__.____.____120, 166 --Liability of insurer; attorney's fees __.._._.......1020, 1170, 1177 --Liability of insurer; finding by jury that
plaintiff entitled to attorney's fees shall constitute finding that bad faith exists ....1020, 1170, 1177 --Municipal license fees and taxes; shall not apply to life insurance companies writing exclusively through state education associations ----..951, 1029, 1749 --Non-resident licenses; State line hardship cases --._____,,__.------___..__-_ 101, 126, 129, 177, 2178, 2394 --Renewal of charter by insurer; change fee .................745, 828 --Uninsured motorists; venue of action _.______.___1681, 1686, 1760
"GEORGIA IS THE STATE FOR ME" HR 208-551 --Adopt as new official State Song __.._..._._.._._ 1163, 1297, 1396
GEORGIA MOTOR BOAT NUMBERING ACT HB 394 --Extend renewal date of licenses ______ 686, 748, 902, 1154, 1680
GEORGIA POST MORTEM EXAMINATION ACT
HB 163
--Autopsies performed solely to determine cause of death _....______..____._................. 281, 308, 902, 979, 1155
GEORGIA POULTRY FEDERATION SR 93 --Expressing appreciation to .._._..............._ _____________1880, 1933
GEORGIA POULTRY IMPROVEMENT ASSOCIATION SR 93 --Expressing appreciation to _____ . ... _________ 1880, 1933
GEORGIA PUBLIC ASSISTANCE ACT OF 1965
HB 344
--Department of Family and Children Services to establish categories of assistance payments ....._.._.._.______...._._...._... _ . 539, 640, 962, 1123, 2174
2840
INDEX
GEORGIA SAFETY FIRE COMMISSIONER HB 128 --Building Exits Code; rules and regulations _______.._____207, 262
GEORGIA SALE OF CHECKS ACT
SB 2 --Checks, drafts, money orders; license required of business selling for a fee ___._.________700, 704, 750, 960, 1150
GEORGIA STATE BOARD OF COSMETOLOGY SB 23 --Increase number of members ______________.__.._.____.1771, 1888, 2021
GEORGIA STATE COLLEGE HR 168 --Commend .......... ...... ......._._.____....558, 704
GEORGIA STATE SCHOLARSHIP COMMISSION
SB 7 --Create __.________700, 704, 751, 962, 1103, 1134, 1194, 1939, 2119, 2363, 2381
GEORGIA, UNIVERSITY SYSTEM OF
HR 111 SR 28 SR 6 HR 252
--Alumni Society; commend ,,.____._._..._...__.. ... ___......_ 253, 271 --Alumni Society; commend _________..._.._._____.___._._.381, 389 --Athletic Department officials; commend _,,__..-._____.._._.--84, 85 --Dormitories; administration of rules and regulations;
create committee to study _____--__-_--_------_______.___--.........1698
GEORGIA VETERINARY PRACTICE ACT
SB 6 --Practice of medicine; revise laws regulating _.__-_____..__..-._____-_______755, 756, 829, 901, 1147, 1309
GEORGIA WATER QUALITY CONTROL ACT
HB 190
--Water pollution control projects; grants allowed without Federal aid if need is shown _._.._......_.......302, 378
GIBBONS, HONORABLE W. J. (BILL)
HR 76
--Express sympathy for passing of .........____________._____________148 Escort Committee appointed for funeral of ________.______________.86
INDEX
2841
GILLIS, HONORABLE JAMES S.
HE 288 HR 157
--Commend _,,_.......--.-- ..,,._____...._..__..__________.___._...._..__.___ 2323
--Commend _.._...._
...__......_485
GINGER SALADS, INC. HR 41-84 --Compensate ....... ___ 120, 167, 499, 553, 1682, 1711, 2120, 2377
GLASCOCK COUNTY HB 352 --Commissioner's salary _...__._........_..______.626, 690, 753, 758, 1188
GLYNN COUNTY HB 264 --Board of Education; define extent of annual audit ___..___--... 470, 493, 501, 549, 1472 HB 237 --Brunswick and Glynn County Development Authority, define commence ..........__.____........___.__ 405, 475, 502, 508, 834 HR 211-558 --Convey certain property for site of Georgia Air National Guard Armory __.._.....1165, 1299, 1467, 1658, 2302 SR 74 --Conveyance of certain property for use as site for Georgia Air National Guard Armory...__ _1771, 1889, 2022 HB 238 --Magistrate's Court; Magistrate's salary .............. _..__________._____..........405, 475, 502, 508, 831, 843 HB 307 --Sheriff's deputy; salary ___.________.__._...____531, 634, 698, 709, 1186
GOODE, MR. AND MRS. GUYTON E. HR 55-101 --Compensate ............................. 155, 210, 1675, 1778, 2439, 2444
GORDON, CITY OF HB 253 --Charter, create ________________________________________408, 477, 502, 511, 754
GORDON COUNTY
HB 310 HB 308
--Law library; establish and maintain ____531, 634, 698, 710, 1186 --Sheriff's salary ._._____............__.___._.._______ 531, 634, 698, 709, 1186
GOVERNOR HB 29
--Authorized to offer reward for slayers of law enforcement officers ____.__________..._..______..._ 75, 90, 1035, 1367
2842 HE 7
INDEX
--Joint Session of the General Assembly to hear address .---- ._..,,--------..--------------_ 21, 42, 52
GOVERNOR'S HONORS PROGRAM --Interim study committee report ----------------..------2689
GOWEN, HONORABLE CHARLES L. HR 310 --Express appreciation ..._.__,,----.....___--------...__------------_.2337
GRADY COUNTY
HB 632 --Board of Commissioners, Chairman, salary ------___--------____. 1386, 1462, 1467, 1622, 1887
HR 215-576 --Conveyance of certain property --1167, 1301, 1307, 1652, 2302 HB 631 --Sheriff's salary ------------------1386, 1462, 1467, 1619, 1887 HB 100 --Superior Court; provide for terms ----154, 173, 209, 266, 546
GRAHAM, EDWARD F. HR 89-123 --Compensate ..-- ..164, 216, 499, 557, 1683, 1722, 2122, 2377
GRAIN HB 677
--Commercial weighers; licensed by Department of Agriculture __.----.._. ....,,..------..--------......__.1667, 1758
GRANTS HB 648 HB 6
HB 190
--Municipalities; accounting of expenditure of funds for street improvements .._.__----. .____------1458, 1607, 1614
--Municipalities; construction and maintenance of streets, equipment and personnel for control of traffic ......----64, 80, 130, 184, 190, 218, 1679, 1703, 1880
--Water pollution control projects; grants allowed without Federal aid if need is shown ---- ----. 302, 378
GREAT SEAL OF THE STATE OF GEORGIA
SR 32
--Permit use of facsimile; home office, North Caroline Mutual Life Insurance Company, Durham, N. C. ...... ..------..--1310, 1327, 1395, 2027, 2155
INDEX
2843
GREEN COUNTY
HB 621 HB 622
--Ordinary's salary ----------.--------1384, 1460, 1467, 1617, 1887 --Sheriff's salary ...._..._....._._._......... 1384, 1461, 1466, 1626, 1887
GREEN, REV. GEORGE --Prayer offered by ....__.......--.--------------------.------._.._-- 257
GRIFFIN, CITY OF
HB 220 HB 221
--Corporate limits; extend-.---.- ...374, 412, 500, 547, 1184 --Election Manager's appointment .. . . 374, 412, 500, 548, 1184
GRIFFIN, REV. JAMES --Prayer offered by --...._.-...-.......----.......--..----._-.-.-.-... 685
GROGAN, JACK D. HR 68-117 --Compensate ...---- 160, 214, 959, 1072, 1682, 1714, 2121, 2377
GUARDIANS SB 135
--Ward; termination when restored to mental health .................... _._._.. .1684, 1772, 1874, 1878, 2263
GUNS HB 386
--Illegal possession; may be confiscated and sold by County Sheriff ----.__.------.632, 695, 1177, 1371, 1397, 1859
GUYER, HONORABLE CHARLES L.
HR 267 --Commend --------..------_.._-- ......
1928
GWINNETT COUNTY
HB 670
HB 668 HB 687
--Ordinaries custodians of vital statistics ----------_------.._----_ 1666, 1757, 1763, 1894, 2303
--Ordinary's salary ..,,___.___...___......._ 1666, 1757, 1763, 1893, 2300 --City Court, name changed to Civil and Criminal
Court of Gwinnett County ......1754, 1871, 2026, 2034, 2497
2844
INDEX
H
HABERSHAM COUNTY HB 49 --Sheriff's salary _....__........_..........__.........._80, 94, 131, 140, 274
HALE, HON. MADDOX J. --Elected Speaker Pro-Tempore of House ___.____,,_____--.--.._.--22
HALL COUNTY
HB 111
--County Board of Education; election of chairman .___._._...__._.._______.158, 212, 289, 314, 1183
HALL, HONORABLE H. GOODWIN HR 74 --Wishing speedy recovery ________________________________________________147
HAMBY, HOWARD H., SR. HR 20-27 --Compensate .__._,,.,,.___._..._._________ -_.........__._...__..75, 89
HAMILTON, HONORABLE GEORGE B. HR 308 --Expressing appreciation to ________--....._-..._-_-_._______________..--_____2336
HAM RADIO OPERATORS HB 216 --Motor vehicle tags _____.......,,_.......__--_-..___.___-..373, 411, 502, 580
HARALSON COUNTY HB 597 --Treasurer's salary ..........__..____-____ 1290, 1392, 1466, 1621, 2175
HART COUNTY
HB 162 HB 161 HB 160
--Coroner's salary ___._.__.. ._...________.__.,,..__... 281, 308, 382, 418, 643 --Custody of County property ___._________..._ 281, 308, 382, 417, 643 --Sheriff's salary .................. ........___.280, 308, 382, 417, 643, 842
INDEX
2845
HAWKINS, TROOPER J. L. HR 72 --Commend .__........._._____.._._._..___..-_.__..._.._____._.____.__-....--_....-144, 265
HAWKINSVILLE, CITY OF
HB 536 HB 335
--City Commissioners authorized to sell and convey certain land ... ....__-____. 1027, 1174, 1178, 1314, 1769
--Commissioners authority to close, sell and convey certain land ... .._................ 537, 638, 698, 715, 1187
HAYWARD, SUSAN HR 284 --Express appreciation ........._...__.................._.._-____............_..__.2320
HAZLEHURST, CITY OP
HB 612 HB 610 HB 611
--Taxation of life, accident and sickness insurance companies _____________1295, 1394, 1467, 1624, 1887
--Taxation of life insurance companies _.-._...-__-.._.....-___-.1294, 1394, 1467, 1623, 1886
--Use of voting machines in all municipal elections __.._._________.________._______..___1295, 1394, 1467, 1623, 1887
HEAD, DR. DOUGLAS L. HR 197 --Express sympathy for passing of ......._..,,....._..,,.....___.,,..847
HEALTH (See Dept. of Health, and nanwd subject)
SB 35
HB 219 HB 245
--Department of Public Health authorized to enter into agreements related to control of ionizing radiation ______-___~___._-__546, 547, 641, 905, 1010
--Department of Public Health; increase membership of Board of Health ____________________373, 412
--Department of Public Health; State institutions; cost of care assessed against assessable income of patient _.___.._...._._........,,..-_...........416, 453, 476
HEALTH CODE, GEORGIA
HB 547
--Health budget, contributions from local funds, certain counties ,,__._...._....._..--__._....1162, 1297, 1396
2846
INDEX
HEALTH INSURANCE PLAN
HB 34
--State Department of Family and Children Services; provide Health Insurance Plai, for County employees .. ............ 76, 90, 499 <-.}f> k4"ib
HEARD COUNTY
HB 74 HB 54
--Board of Commissioners; change compensation ......................118, 165, 217, 222. 49f-
--Sheriff's salary ._..._.._._..................._.._......88, 103, 173, 174, 300
HEARN, MAJOR GENERAL GEORGE HR 280 --Commend ... . ...........................__.__........................._._..__......._2316
HENS, LAYING
HB 526
--Property tax exemptions; redefine production . ................................1023, 1172, 1615, 1956, 2303
HIGGSTON, TOWN OF HB 484 --Calling of elections .... ................ 949, 1028, 1034, 1197, 1768
HIGHER EDUCATION ASSISTANCE CORPORATION, GEORGIA SB 8 --Create 700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
HIGHWAYS (See State Highway Board, Motor Vehicles, Appropriations)
HB 252 HB 289
HR 260 HB 642
HB 657
--Appropriate vegetation sowed along right of way to prevent soil erosion ........_.....__...__..._.408, 477, 752, 981, 2044
--Closing for construction; barriers placed at either end of closed portion _........___491, 541, 696, 782, 821, 940, 1096, 1270, 2044
--Construction and maintenance; create committee to study distribution of funds ......,,.._....... -..1922
--Farm equipment exceeding width and length requirements; special permit not required during daylight hours _______________.__.____.._______..._______.1388, 1464
--Farm equipment exceeding width and length requirements; special permit not required during daylight hours within certain radius of owner's residence _.......__..._........__--.._._..._......__._.__--..1602, 1670
HB 663
HB 311 HB 471 HB 599 HB 569 HB 149 HB 698 HB 257
HB 413
HB 291
HB 542 HB 107 HB 274
HB 129
INDEX
2847
--Farm equipment exceeding width and length require ments; special permit not required during daylight hours within certain radius of owner's residence .____________..____.. 1604, 1672, 1676, 1829, 2299
--Outdoor advertising; regulations on National System of Interstate and Defense Highway ________--__--____531, 634
--Single in rem condemnation if ownership of two tracts of land identical _______.___________________893, 956, 960, 1132
--Special permit not necessary on certain vehicles if outside width exceeds 96 inches ._..___......__..___.._._1291, 1392
--State Highway Board; expenditure of funds ....._..1167, 1300 --State Highway Board; procedures relating
to expenditures of funds _.--___.________.___._.__.______----______278, 306 --State Highway Department; additional compensation
for all hours in excess of 40 hours per week ----1756, 1873 --State Highway Department; certain employees eligible
for State Employees' Retirement System ________._.-...______________----------_._________-409, 478, 500, 568 --State Highway Department; county and municipal contracts for construction and maintenance of airports ____.__..._.....__..______.....__... 745, 827, 1032, 1282, 2495 --State Highway Department; Federal funds for construction; relocation payments to eligible persons .__..______-..-_..--___.__--,,----------_,,____491, 541 --State Highway Department; use of convict labor ___._..............._.__...._.-_.....__._____...1161, 1296, 1396 --State Properties Acquisition Commission; create ___.___------..._.___156, 211, 503, 664, 699, 807, 2045, 2393 --Underground reservoirs for storage of natural or manufactured gas; eminent domain _____.__----------472, 495, 544, 932, 1765, 1944 --Uniform Act Regulating Traffic on Highways; prohibit hitchhiking _______------,,._....__.,,___ 207, 262, 697, 1356
HIGHWAY BOARD CAUCUS --Communication calling for ----..____--______,,__----____94, 115
HIGHWAY BOARD, STATE
--Hon. N. N. Burnes elected member --_------------____141, 142 --Hon. Edward J. Gayner elected member of--_.__116, 142
HILES, HONORABLE ED HR 114 --Invite to address House of Representatives __------._269, 324
2848
INDEX
HILL, WILMA C. HR 91-123 --Compensate
,, ,, --..__..................................16^, 217
HISTORICAL COMMISSION, GEORGIA
SB 159
--Secretary of the Board of Commissioners; salary __ 1613, 1645, 1674, 1878, 2138, 2170, 2230, 2237, 2298
HISTORICAL GRAVES HR 154 --Deploring acts of vandalism ..___..._........_.___...___._...........484, 547
HISTORICAL SOCIETY, GEORGIA KB 288 --Designate and name new members _.____491, 541, 699, 799, 2301
HITCHHIKING
HB 129
--Uniform Act Regulating Traffic on Highways; prohibit .......__..___._.....--__-___._________~-___--.207, 262, 697, 1356
HOGS HB 480
--License to sell breeding stock ......._......-..._..........____._-.895, 957
HOLLAND, H. C.
HR 77-120 --Compensate _._..__._._161, 215, 499, 555, 1682, 1716, 2121, 2377
HOME RULE
HR 113 --Counties; amend HR 50 creating Committee to study ______269 SR 7 --Counties; provide; amendment to the
Constitution ................155, 757, 830, 1177, 1338, 2239, 2305 HR 50 --Counties; create Committee to study ...........___..__114, 173, 254 HR 23-43 --Counties; provide; amendment to the
Constitution .....,,.___.--...-._-.....______78, 92, 500, 606, 609, 625 HB 5 --Municipalities; delegate
powers ___-__________..__..__-_____-.___.64, 80, 132, 312, 456, 500, 595 SB 4 --Municipalities; provide for_-415, 416, 478, 1033, 1333, 1426,
1427, 1770, 1781, 2123, 2145
INDEX
2849
HOMESTEAD EXEMPTION
HB 701
--Include home owned by applicant but located on property not owned by applicant ----.___-------- 1756, 1873
HONESTY IN GOVERNMENT ACT
HB 343
--Penalty to any person who offers a bribe to a state employee ....___.................--.... . 539, 639, 904, 1012
HOPKINS, CORPORAL A. H. HR 72 --Commend
.-- --..- ...------------144, 265
HORNE, JOHN B. HR 31-56 --Compensate-.-------------89, 103, 1675, 1777, 2304, 2379
HORSE STEALING SB 107 --Punishment ----_----------.------------1191, 1195, 1303, 1677
HOSPITAL ADVISORY COUNCIL SB 34 --Selection of membership-.....--701, 705, 751, 960, 2007, 2119
HOSPITAL AUTHORITIES
HB 516
--Effective location of facility ------------------1021, 1171, 1177, 1211, 1372, 2302
HOSPITALS HR 253
HB 295 HB 320
--Public; cost of patient care; create committee to study----------------------1699, 2174, 2342
--Public and non-profit; exempt Sales Tax--------------492, 542 --Sales tax; sales exemptions.--._--..----.------------...535, 636
HOUSE OF REPRESENTATIVES
HB 683
--Apportionment; election of first members from Representative Districts ------------------1669, 1759
2850
INDEX
HB 281 --Apportionment; 205 members; Representative
Districts..-- ....._.._..._. 473, 496, 545, 669, 671, 741, 1399
HB 297 --Apportionment; 205 members to be
elected on state-wide basis _________ ______________..._______ 492, 542
HR 226-627 --Apportionment; political subdivisions on
equitable basis; amendment to the
Constitution ........ _ ___ ___._........... ________ .. __________ 1385, 1461, 1465
HB 12 --Apportionment; provide for ____________ _______ 66, 81
HB 136 --Apportionment; provide for ________________________ 258, 285
HB 367 --Apportionment; provide
for...... _____________ 628, 692, 1307, 1494, 1505, 1520, 1527, 1538,
1542, 1549, 1557, 1565, 1596, 1975, 2016, 2070, 2145
HR 14-21 --Apportionment, provide for; amendment
to the Constitution...............--...._.----.. _ _ ______________ 68, 83
HR 107-138 --Apportionment, provide for; amendment
to the Constitution ............ .--.__..---- _._.______.___.____ 259, 285
HB 242 --Apportionment; Representative Districts ___________ _____ 406, 475
HR 313 --Apportionment; request Federal Court to
allow certain members to continue to serve ......... 2476
HR 256 --Apportionment; urge Federal Court
to allow members to complete 1965-66
term ..
_ ______________________ 1700, 1933
HR 112 --Appropriations Committee; relating to
meetings, etc. for budget study .---- ..__.,,..--_____________________ 254
--Committees, Standing; assignment of _------....___ 25
HB 580
--Election of members in 1965...... 1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472
HR 293 --House Clock; Speaker authorized to impound _______________ 2327
HR 8 --Members; compensation, per diem .--------_----------___----__ 21 --Members of; oath of office---- ..._____----. -- ........__............ 15
HR 1 --Notify Senate that House has convened ____.. _____________ ......17
HR 3 --Provide for Attaches of House _____________________________ ... 18
HR 221 --Relative to personnel and committees _..............------ ... 1208
HR 4 --Rules of House; adopt...............------......----_____________________19
HB 71
--Special elections; exceptions relative to vacancies occurring during 1965___ ____________--------....-_.___._______ 102, 127, 130, 187, 188, 274
HOUSING AUTHORITIES LAW HB 442 --Exempt in certain counties--__________________825, 899, 1634, 1042
HOUSTON, FRANCIS HONORABLE Communication from--------------..------.----.---------- -- ---942
INDEX
2851
HUGHSTON, DR. JOHN W. --Prayer offered by
HUNTING HB 384 SB 39
--Licenses; increase non-resident fee...----...--------.-.632, 695, 1032, 1427, 1439, 1476, 1648
--Owls; prohibit ........... -1308, 1327, 1395, 2173, 2272, 2433
HUSBAND AND WIFE
HB 279
--Marriage license; waiting period ...... .... ... 473, 495, 545, 873, 883, 2439, 2465, 2487, 2488, 2490, 2500
ICE CREAM HB 519 SB 131
--Amend Milk and Cheese; Dairy Inspection Act.__._._.........___._._._...._._... -------1022, 1171, 1175
--Amend Milk and Cheese; Dairy Inspection Act......_._.._._._..........1614, 1644, 1673, 1877, 2135
IMPOTENCY SB 96
--Marriage; persons able to contract; remove disability........ ........ 1684, 1772, 1874, 2173, 2354, 2418
INCOME TAX (See Taxation)
HB 105 --Additional first year depreciation allowance for small business-.------.--.--156, 210, 700, 795, 2044
HB 103 --Apportionment and allocation----....------------ 155, 210, 1399 HB 561 --Corporations; taxable
periods--------------------1165, 1299, 1398, 1739, 2496 HB 576 --Cutting1 of timber as a sale or
exchange of property--------------.----1167, 1301, 1396 HB 432 --Dependent students, additional
exemptions ------------- ...... ..-..------.-- .,,... ..... 823, 897 HR 58-107 --Disallowance, methods of depreciation;
suspend ----- . .....----------------157, 211, 700, 792, 2499
2852
HB 104
HB 98 HB 134
INDEX
--Extend time tax assessed or refunds claimed.....__..........._........... 155, 210, 700, 1365, 2494
--Federal; deducted from gross income .........._......._ 124, 170 --$600 personal exemption for each
son, daughter or ward from net income.--...--..----------.. .------.208, 263, 1035, 1214, 1685
INDIGENT DEFENDANT STUDY COMMITTEE HR 147 --Create.-... -- ..-...-......-----...___.------------..--393, 415, 961, 976
INDUSTRIES, GEORGIA HR 207 --Urge State to purchase Georgia products.----..----....... 974
INDUSTRIAL SAFETY COMMITTEE
HR 169 --Create
. ...............-_-------. 559
HR 255-582 --Create committee to study.------.-..----------.....------1759
--Interim study committee report--------------........----.. 2637
INDUSTRIAL SECRETS
SB 90
--Unlawful to steal or unlawfully obtain..... ..._----...__.........----... 1681, 1686, 1760, 2294, 2405
INDUSTRY AND TRADE, DEPARTMENT OF
HB 377 --Establish air markers....-------------630, 594, 902, 999, 1399 HR 177-407 --Lieutenant-Governor; additional duties
in connection with; amendment to the Constitution .......----_----..............-------------------689, 750
INHERITANCE TAX
SB 156
--Reciprocity with other states; intangible personal property of non-residents---.----1681, 1687, 1761, 1869, 1878, 2252
INSANE PERSONS
SB 136
--Judicial procedure for involuntary hospitalization....-------1767, 1772, 1874, 1878, 2261, 2298
HB 513 HB 511 HB 418 HB 374
INDEX
2853
--Judicial procedure for involuntary hospitalization .._.,,._.----_-____________....... _______ _ __1021, 1170
--Judicial procedure for involuntary hospitalization . ______________________ _____.._. .........1020, 1170
--Sheriff may take into custody for safety reasons-----------------------.----..---- _________746, 828, 1033
--Warrants; method of service.--_-..--,,--------.---- -._.. .630, 693, 903, 1008, 2179
INSECTICIDES HB 650 --Commercial application; license required _________________ 1459, 1607
INSPECTION OF MOTOR VEHICLES ACT
HB 278
HB 30 HR 39 HB 11 HB 115 HB 113
SB 54
HR 614
--Change certain requirements_________ ______472, 495, 699, 849, 872, 1608, 1940, 2003, 2016, 2150, 2168
--Act; change provisions.--.._.----..............--.__.. __________________75, 90 --Act; create Committee to study __________________ 106, 173, 255 --Change provisions ...___ ___________________ ....____________. 66, 81, 642 --Act; repeal _._-_---_.--_--._--.--------.--_---159, 213, 642
--Act; shall apply only to 1963 or later models____.___...----------.....----..... .------......----159, 213
--Inspection prior to sale to general public---.--------.--------- ----..-----644, 648, 696
--Seller must warrant that vehicle ready for inspection___,----_________... _______ 1383, 1459, 1678
INSTITUTIONS
HR 253
--Public; cost of patient care; create
committee to study ----.
..
1699, 2174, 2342
INSTITUTIONAL FARMS
HB 515
--Division of; create within the Department of Agriculture----.-........-...-- --...... -- 1021, 1171, 1175
INSTITUTIONS, STATE
HB 245
--Cost of care assessed against assessable income of patient ______________ . .... _ ....... 406, 453, 47H
2854
INDEX
INSURANCE HB 58 HB 67 HB 560 HB 531
HB 63
HB 83 HB 296 HB 510
HB 509 HB 494
HB 64 HB 66 HB 417 SB 57 SB 125
HB 81 HB 34
HB 577 HB 342
--Agent or salesman; commission not
deemed employment_. . 98, 103, 641, 733, 744, 1014
--Code of 1960; amend to make certain
technical clarifications .__._._._..______ 101, 126, 129, 194, 2180
--Code of 1960; companies writing fire insurance
on dwellings; increase tax .......... ...1027, 1174, 1398, 1866
--Code of 1960; domestic life insurance
companies; establishment of separate
investment accounts ..__...-.-.......-,,......__.___._............ 1024, 1173
--Code of 1933; insurers, annual report
concerning affairs and
operations ............. ... 100, 126, 171, 247, 266, 402, 416, 521,
1180, 1411
--Code of 1960; insurer's right to require
proof of loss.................... ..... ... ....._._...........__............ 120, 166
--Code of 1960; insurer's investment in mortgage
loans; participation ._._..._..._.......... 492, 542, 697, 935, 2301
--Code of 1960; liability of insurer; finding
by jury that plaintiff entitled to attorney's
fees shall constitute finding that bad
faith exists __-__--_-_---..--..-......._._.............. 1020, 1170, 1177
--Code of 1960; liability of insurer,
attorney's fees ............................................. 1020, 1170, 1177
--Code of 1960; municipal license fees and taxes;
shall not apply to life insurance companies
writing exclusively through state education
associations ________
..........._..__....._____._... 951, 1029, 1749
--Code of 1960; non-resident licenses; State line
hardship cases __._...___._..._....- 101, 126, 129, 177, 2178, 2394
--Code of 1960; payment of commissions to salesmen __________________ 101, 126, 129, 193, 2178
--Code of 1960; renewal of charter by insurer; change fee ...__._.---- .... . . . ..
745, 828
--Code of 1960; uninsured motorists; venue of action ____________________ __ ...... 1681, 1686, 1760
--Domestic stock insurers; manner in which dividends paid to stockholders _____________ _._-_-_ 1685, 1687, 1761, 1877, 2245
--Georgia Insurance Code of 1960; minimum capital investment required .__...___.__
_ 119, 166
--Health Insurance Plan for county employees of State Department of Family and Children Services---__-_----76, 90, 499, 613, 2479, 2480
--Liability on motor vehicles; giving of security..........................--... .___.._..________.___.______ 1288, 1390
--Long Term Disability Insurance Plan; establish for State employees...........................___________ 539, 639
INDEX
2855
HR 283 --Special Fire Insurance Committee on Underwriting Practices; create.----..----------_--------.. 2319
HR 225-612 --Special Fire Insurance Committee on Underwriting Practices; create.-1295, 1394, 1764, 1959, 2251, 2276, 2297
HB 191 --Uninsured motorists; rights of insurer in establishing recovery of losses.......--------------302, 378, 502
INTEGRATED SCHOOLS HB 520 --Report number of students attending ...._.......___._.......1022, 1171
INTERSTATE COMMISSION
HR 153
--Council of State Governments requested to provide to study goals and standards of education.........------------........_.-----------------------483
INTERSTATE COOPERATION, GEORGIA COMMISSION ON --Interim committee report...... .. .__.------------ .........._...._....2645
INVENTORY AND PUBLIC SALE OF PROPERTY
HB 85
--Private sale of county property; certain counties------------.-- -...--121, 167, 218, 223, 1768
IONIZING RADIATION
SB 35
--Department of Public Health authorized to enter into agreements relating to control--------..--..--..-.---546, 547, 641, 905, 1010
IRWIN COUNTY HB 36 --Superior Court; change terms -- ------ ..76, 91, 104, 150, 273
ITINERANT SHOWS HB 96 --Service of process fee ....... ...--------.124, 170, 172, 245, 832
2856
INDEX
J
JACKSON, CITY OF
HB 21
--Mayor and councilmen; increase salaries----------------------------68, 83, 131, 136, 1471
JACKSON COUNTY
SB 192
--Banks-Jackson-Commerce Hospital Authority, fill vacancies------------------1881, 1890, 2023
JAMES, REV. BOB --Prayer offered by-------.-------------.--- .. ------------ ......1664
JEFFERSON, CITY OF
HB 673 HB 676 HB 675 HB 674 SB 209
--Corporate limits, change----- ------------------ 1667, 1758 --Corporate limits, change .... ...------.--------_---- 1667, 1758 --Corporate limits, change------- ------------1667, 1758 --Corporate limits, change. ..------ ....__.._._---------------- 1667, 1758 --Corporate limits, extend-------- 2188, 2149, 2170, 2294, 2310,
2439
JEFFERSON COUNTY
HB 412
HB 410 HB 411
--Chairman and Members of the Board of Roads and Revenues, salaries...--.......------.--.-..--.-..744, 827, 903, 907, 1475
--Sheriff's salary----..----------------744, 827, 961, 969, 1474 --Sheriff's Bond------- .----. -------- 744, 827, 903, 907, 1474
JENKINS COUNTY
HR 185-425 --Conveyance of certain State property -------------------------__._.. 822, 896, 962, 1416, 2306
HR 160-313 --Ordinary; furnish certain law books.-.------------------------.-533, 635, 959, 972, 2302
JOHNSON COUNTY
HB 578
--Board of Commissioners of Roads and Revenues, salary-------- 1288, 1390, 1397, 1480, 2175
HB 263 HR 164
HB 517
INDEX
2857
--Sheriff's salary ____________ ______________________ 470, 493, 501, 548, 1184 --State Board of Education; discontinue collection
of certain overpayments ___________ 515, 542, 961, 1100, 1476 --Tax Receiver, paid from ad valorem school
tax, repeal act..----------.------ 1021, 1171, 1178, 1312, 2300
JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM HB 440 Create _________________________________ 825, 899, 903, 1125, 1468, 1633
JOINT SESSIONS
HR 5 HR 6 HR 7 HR 96
HR 97
SR 24 HR 119
--Canvass election returns -.---------------------- 20, 42, 50 --To elect members of Legislative Council________----____________ 20, 42 --To hear address by Governor____ _________________________________ 21, 42, 52 --To hear address by Senator Richard B.
Russell __________----------------_-----_-------------.198, 265 --To hear address by Senator
Herman E. Talmadge____----__.____________________________.199, 265, 293 --To hear proposed State Songs..--.--------------------264, 267 --To hear proposed State Songs.------------------------290, 313
JONES, HONORABLE FRED HR 279 --Congratulate _________________________________________________________________________ 2186
JONES, SEABORN HR 49-87 -- Compensate, --------122, 168, 499, 554, 1682, 1713, 2121, 2377
JONES, MRS. THOMAS B. HR 59-112 --Compensate---.----------..-.------_-158, 212, 499
JUDGES
HR 127-212 --Court of Appeals, Superior Courts; qualifications; amendment to the Constitution ------------------------------------ 372, 411
HB 170 --Procedure if presiding in circuit other than his own.--------------------------282, 309, 312, 591
HB 423 --Refusal of bail pending appeal of last conviction...--------------------------------747, 829, 1396
2858 HB 144
HB 294 HB 584 SB 109 HB 568
INDEX
--Superior Court; Emeritus; appointment of totally disabled.---.....--260, 286, 504, 619, 623, 624, 735, 1399
--Superior Courts, Emeritus; change certain salaries-------- --....--._----------.__._..._____._____ 492, 541
--Superior Court; Emeritus; may serve in any judicial circuit upon request -------- 1298, 1391, 1615, 1737
--Superior Court; General Retirement fund; provide------....-.--------.-----1771, 1888, 2022
--Superior Court; salaries increased according to per capita State income--..........----------1167, 1177, 1300, 1660, 2418, 2421, 2435, 2457, 2482, 2487, 2488, 2493
JUDGMENTS HB 378 HB 617
--Entry on General execution docket.....----__._.---- 631, 694, 1033, 1097, 1397, 1743, 2179
--Personal property; limit in causes of action arising from contracts ...----....------ --1383, 1460
JUDICIAL CIRCUITS
HB 623
--Atlanta Judicial Circuit; number of trial assistant solicitorsgeneral ------------_----_ 1384, 1461, 1467, 1618, 2148, 2282
HB 562
--Atlanta Judicial Circuit; Solicitor General's salary _____.._____.------.....----------....--.___--------1166, 1299
HB 87 HB 420 HB 474
--Augusta Judicial Circuit; provide for Chief Assistant Solicitor General.-----------.--------122, 168, 479, 516, 831, 845
--Brunswick Judicial Circuit; Judge, supplement salary....--...... 746, 829, 961, 966, 1031, 1466, 1482, 1765, 2189
--Cobb Judicial Circuit; Official Court Reporters, authorize employment --------...... 894, 956, 1675, 1817, 2496
SB 183 --Cobb Judicial Circuit, Solicitor-general, additional assistant ------...._..._ 1771, 1888, 2022, 2173, 2181
HB 479 --Conasauga Judicial Circuit; change terms ----.----_.------------_--...___. 895, 957, 1178, 1197, 2496
HR 108-138 --Dougherty Judicial Circuit; furnish certain law books.--------..-------------.-259, 285, 544, 645, 1182
HB 527 --Flint Judicial Circuit; Solicitor-General, contingent expense allowance.--....... 1023, 1173, 1177, 1319
HB 18 --Law Libraries; Establish certain counties...------------------------------.67, 82, 131, 135, 272
INDEX
2859
HB 298 --Law libraries; establishment; shall not apply certain counties ...........................__.A9Z, 542, 545, 646, 1185
HR 24-43 --Lookout Mountain Judicial Circuit; establish law library........_..._................78, 92, 959, 973, 2178
HB 56 --Macon Judicial Circuit; Solicitor-General, change compensation paid by Peach County............. .................................... 88, 103, 501, 504, 831
HB 492 --Middle Judicial Circuit; Solicitor-General's salary......... ............._...___..,,... .. 951, 1029, 1180, 1319, 1680
HB 703 --Mountain Judicial Circuit; Court Reporter's salary.._....____..___.____.__._..._._.---_-.1756, 1873, 2026, 2030, 2498
HB 116 --Northeastern Judicial Circuit; provide for terms..................................................__.160, 213, 479, 525, 832
HB 393 --Oconee Judicial Circuit; Solicitor-General's salary....___.____.._..__.. _.,,_._....__............. 686, 748, 834, 968, 2180
SB 114 --Ogeechee Judicial Circuit; Solicitor-General's salary_________..__._.____.._______.......--_-..1191 ) 1195, 1303, 1466, 1627
HB 50 --South Georgia Judicial Circuit; Official Court Reporter, supplement to compensation ____.__...------.___......_. 80, 94, 173, 230, 702
HB 141 --Southwestern Judicial Circuit; Solicitor General, compensation _._.................._. 260, 286, 312, 456, 832
HB 102 --Statewide Probation Act; officer in charge_..._.________.._........._....__.-114) 210, 1035, 1344, 1782, 2494
SB 157 --Stone Mountain Judicial Circuit; increase number of Judges to four....- 1614, 1687, 1761, 1762, 2055
HB 582 --Stone Mountain Judicial Circuit; increase number of judges._..____................__.___.1168, 1301, 1396, 1654
HB 678 --Stone Mountain Judicial Circuit; Official Court Reporter's salary.............__.-_...................-...-1668, 1759
HB 395 --Stone Mountain Judicial Circuit; Solicitor General's salary........._.......-....-.687, 748, 1177, 1319, 2495
HB 396 --Stone Mountain Judicial Circuit; Judge, Superior Court; salary supplemented by DeKalb County...............__.687, 748, 834, 969, 2439, 2446
HB 584 --Superior Court Judge, Emeritus; may serve in any judicial circuit upon request.__....._____________..._..--_--...-.__...._.1289, 1391, 1615, 1737
HB 255 --Towns County; Superior Court of; change terms~---~---------408, 477, 545, 645, 1182
JUHAN, ARTHUR HR 82-121 --Compensate.............162, 215, 499, 556, 1683, 1718, 2121, 2377
JURIES AND GRAND JURIES
HB 381
--All evidence germane to severity of sentence shall be admissible...._.._____.............._.___.__......................631, 694
2860 HB 283
HB 325
SB 115
SB 153 HB 273 HB 284
INDEX
--Civil actions, wrongful death or permanent impairment; jury may use any rate in reducing verdict.-------------- -.......... 473, 496, 641, 1114
--Deputy Sheriffs ineligible to serve as grand or traverse juror during term of office----.------------------------------ -536, 637, 1033, 1375
--Felonies; punishment may be reduced to misdemeanor upon recommendation of jury----------. .1192, 1195, 1303, 2066
--Jury duty; persons entitled to exemption from all jury duty----.._._--.----------------2044, 2148, 2170
--Persons entitled to exemption from duty........._._________.__-471, 494 --Superior Court jury clerks; change population
requirements in order to apply to certain counties..--------------------473, 496, 699, 780
JUSTICE OF PEACE
HB 350
--Incumbent may serve as poll officer------------------------540, 640, 1179, 1423, 1841
JUVENILE COURTS
HB 653 HB 337
HB 525
--Municipal traffic laws; change provisions-------1601, 1669 --News media not excluded from hearings
in certain cases--------------------------538, 638, 903, 1121 --Power to act as Courts of
Inquiry-------------------1023, 1172, 1210, 1398, 1650, 2496
K
KELLER, WALTER L. HR 18-27 --Compensate--------.74, 89, 499, 552, 1681, 1706, 2120, 2377
KELLY, HONORABLE ROY HR 249 --Commend---------. .......
......._.------------------.1694
KELLY, MRS, NELLY HR 35-61 --Compensate ......
. .. _ -
. .. ....._.. .... .. 100,125
INDEX
2861
KENNEDY, HONORABLE HENRY C.
HR 124-192 --Clerk Superior Court, Tattnall County, City Court of Reidsville; compensate for certain services rendered.....,,...---- 303, 379, 500, 566, 1684, 1724, 2122, 2377
KENNEDY, J. CLIFF HR 123-192 --Designate bridge.----------------------303, 379, 500, 564, 1471
KENNERLY, REV. BYRON --Prayer offered by.--....__.----,,.__.--...............................___----...948
KENNESAW, CITY OF
HB 392
--Mayor and City Council, salaries....__--------._.._.............. 686, 747, 835, 836, 2147, 2193
KILPATRICK, DR. WILLIAM SR 53 --Express sympathy for passing of--.-.------------------701, 773
KINNARD, CHARLES N. HR 92-123 --Compensate __......._.....-------- ...--------------__ 164, 217
KITCHENS, REV. WILLIAM, JR. --Prayer offered by--------------------------------_.----743
KNIGHT, HONORABLE WILLIAM D. HR 251 --Congratulate ..._.__....._..._----_____.._.-------- ------------.1696
L
LABOR HR 126
--Taft-Hartley Act; Congress requested to continue in full force ._.._.__-._.._----_.321, 1396, 2339, 2499
2862 HB 165
INDEX
--Workmen's Compensation Act; change provisions relative to settlements .__._______.___,,,,_...........,,._.,, 281, 308
LAGRANGE, CITY OF
HB 37
HB 39 HB 38
--Competitive bidding by city officials contracting
business with city -_____..__..._,,__._._._,,._.76, 91, 131, 139, 273
--Group insurance for employees ----_---_ 77, 91, 131, 139, 273
--Tax increase for the years 1965
and 1966 ......
77, 91, 131, 139, 273
LAGRANGE HI GRANGERS HR 273 --Congratulate ..........._._._.__.................._..........._.......
_ __1932
LAKE CHATTAHOOCHEE
HR 268
--Name changed from Walter P. George Reservoir .....__... --.-_.....__ ________ ___ 1929, 2305, 2388
LAMAR COUNTY HB 35 --Sheriff's salary .............__.___......__...-......_____76, 91, 131, 138, 1182
LAMBERT, MRS. E. R.
HR 30 HR 37
--Express sympathy for passing of __________ _,,___,,_.._................ 85 --Express sympathy for passing of __________ ___,,__.__.._.____._. __.__104
LANDOWNERS
SB 108
--Encouraged to make land and water areas available to public ___...__.___________1612, 1643, 1673, 1678, 2133
LANIER COUNTY HB 239 --Sheriff's salary _-_-____-__.....________.,,,,_______ 405, 475, 502, 509, 834
LARCENY
HB 52 SB 9
INDEX
2863
--Motor vehicles; punishment ........___.________._._____.88, 102, 545, 664 --Motor vehicles; punishment ----........755, 756, 829, 1677, 2162
LAURENS COUNTY
HB 361 HB 82
LAW SB 28
--Certain officials, office hours ______.__._.. 627, 691, 753, 758, 1188 --Dublin-Laurens School System; create __..__..__ 120, 166, 217,
220, 416
--Statutory definition of practice of law; repeal _.____.____.____._.__ 755, 756, 830, 1033, 1970
LAW ENFORCEMENT OFFICERS
HB 29
--Governor authorized to offer reward for slayers of ._____.___.__.__..___.._..____....................._..75, 90, 1035, 1367
LAW LIBRARY
HB 268
--Population and census figures, change in
certain counties
.......471, 494, 959, 1101, 1609
LAW LIBRARIES
HB 18 HB 696
--Establish in certain counties ___................67, 82, 131, 135, 272 --Population specifications of counties
where applicable .......................1755, 1872, 2026, 2030, 2498
LAWRENCEVILLE, CITY OF HB 667 --Entrance fee, certain candidates -1666, 1757, 1763, 1893, 2299
LAWSON, COACH HARBIN HR 243 --Congratulate ........
..... ...1689, 1880
LEE COUNTY
HB 689 HB 688
--Ordinary's salary ............................1754, 1871, 2026, 2028, 2497 --Treasurer's salary ......_.............._...__.1754, 1871, 2026, 2028, 2497
2864
INDEX
LEE COUNTY BOARD OP EDUCATION HR 42-84 --Compensate _.._.._..__..120, 167, 499, 554, 1682, 1711, 2120, 2377
LEE, JOSEPH W. HR 109 --Commend ..............-..............._______.___.....____....____.._______ .__._____._..___.218
LEE, MRS. LILLIE S. HR 136 --Express sympathy for passing of ____.___________.......___________________385
LEE, MRS. RICHARD E. HR 180 --Express sympathy for passing of _______________________________.....720
LEESBURG, CITY OF
HB 633
--Mayor and Council, term of office .................-..-..___--__.______.1386, 1462, 1677, 1688, 2176
LEGAL ADVERTISEMENTS
HR 194-478 --Publication of notice, local legislation; additional methods; amendment to the Constitution _____ 895, 957, 1033
HB 188 --Uniform rates allowed to publishers _______ ........302, 378, 905, 1331, 2174
LEGISLATIVE COUNSEL
HB 383 --Election of; duties of .............__._.____._631, 694, 904, 1006, 1609 HR 16-JR 1--Election of Honorable Frank H. Edwards ._._.-_-_______--_._52 HR 302 --Express appreciation __._.._..._...-..-................-_.___..__._.______2333 HR 6 --Members; Joint Session of General Assembly to elect.__.20, 42
LEGISLATIVE SERVICES COMMITTEE HB 383 --Legislative Counsel; election of ........631, 694, 904, 1006, 1609
LESLIE, TOWN OF HB 293 --Voting, certain changes __-._.................491, 541, 545, 646, 1185
INDEX
2865
LIBEL SUITS HB 559 --Damages; origination ....................._......1027, 1174, 1398, 2017
LICENSES HB 533 SB 2 HB 677 HB 491 HB 112 HB 231 HB 376 HB 356 HB 358 HB 700 HB 62 HB 524
HB 394 HB 384 HB 650 HB 64 HB 279 HB 23 HB 24 HB 51 HB 552 HB 216
--Alcoholic beverages; annual license
fee .
_ .__.__._._-1024, 1026, 1173, 1177, 1452, 2179
--Checks, drafts, money orders; license required
of business selling for a fee ___________700, 704, 750, 960, 1150
--Commercial weighers of corn or small grain;
licensed by Department of Agriculture ................1667, 1758
--Corporations; assessment and collection in
unincorporated county areas .........._.__.951, 1029, 1097, 1307
--Dentistry; additional grounds for revocation
or suspension ............_..._.__.._-__-..______..____.__..-.158, 212, 902, 1446
--Drivers; educational requirements if under 21
years of age ........_.________--.--..___._._..___.___-___--_.-_.___.376, 414, 453
--Drivers; holder of learner's license may operate
motor scooter .._-----.--.___.___.__._._.___.___ 630, 693, 1034
--Drivers; minimum age requirements for
applicants of operator's license __.___....... 626, 649, 690, 901
--Drivers; revocation on 65th birthday;
renewal of .................--...___.___..._.___._.._........__..__.627, 691
--Fishing; honorary for totally disabled
veterans .....-..---------....1756, 1873, 1877, 2053, 2497
--Fishing; honorary to disabled
veterans _________..._-._________.-________.___.___.._100, 125, 381, 458, 754
--Georgia Biological Permit Act; require for
biologicals not used on human
beings ____________....___.__._.__--------.--.1023, 1172, 1176, 1952, 2303
--Georgia Motor Boat Numbering Act; extend
renewal date ..____..___-...._....._.___._._686, 748, 902, 1154, 1680
--Hunting and fishing; increase non-resident
fee ...._._...._--....-.--632, 695, 1032, 1427, 1439, 1476, 1648
--Insecticides, fungicides; license required for
commercial application ---- -- .........--....1459, 1607
--Insurance, non-residents; state line hardship
cases ........----------..--------101, 126, 129, 177, 2178, 2394
--Marriage; 3 day waiting period ------------473, 495, 545, 873,
883, 2439, 2465, 2487, 2488, 2490, 2500
--Marriage; proof of pregnancy of underage female --..-..69, 83
--Marriage; proof of pregnancy, change provisions .........69, 84
--Marriage; three-day waiting period, certain
exemptions ---------_..--...----------------.-----88, 102
--Plates; compensation allowed tax commissioner or collector acting as agent ----------------1163, 1298, 1747
--Plates; ham radio operators .--------------373, 411, 502, 580
2866 HB 512 HB 2 HB 539 HB 210 HB 53 HB 233 HB 652 HB 259 HB 339 HB 256 HB 65 HB 480
INDEX
--Plates; issuance to veterans .----.1021, 1170, 1305, 1859, 1946, 2496
--Plates; issued by county tax collectors or tax commissioners --_--_--------...-------.__----.24, 48, 71, 112, 265
--Plates; maximum fee for private trucks hauling livestock ---- ,,.._.------.... ... . ______ 1161, 1296
--Plates; payment of ad valorem tax -_-_-.......--.---_-.-------.-371, 410, 453, 1180
--Plates; payment of annual tax semi-annually __._.._------_.,,........-_............ 88, 103, 525, 1399
--Plates; proof of payment of ad valorem tax ......--_.--------------...-------------....-376, 414, 452, 698
--Plates; sold by tax collector or tax commissioner __------------.,,.__-_------.. ______________ 1601, 1669
--Plates; special to Georgia Civil Defense __________________.409, 478 --Plates; tax commissioners shall be agent for
accepting applications _______----...__...._.----_..__..___..538, 639, 743 --Real estate brokers and salesmen; change
provisions ........._----...-.408, 478, 834, 996, 1879, 2305, 2397 --Surplus Line Brokers; increase bond
required ....___------__------------._...101, 126, 1032, 1731, 2494 --Swine breeding stock; sale of __________________________________895, 957
LIEUTENANT-GOVERNOR
HR 177-407 --Additional duties in connection with Department of Industry and Trade; amendment to the Constitution _______.___,,_____....._------..____689, 750
LIGHTS HB 209
--Blue, alternately flashing; misdemeanor if used by private motorists --__------------_.__,,._... ..--371, 410
LINCOLN COUNTY HB 207 --Sheriff's salary .______._----_.___----------_ 371, 410, 501, 505, 1184
LINCOLNTON, CITY OF
HB 205 HB 189
--Councilmen, method of electing _......... 370, 409, 501, 505, 753 --Limitation of ad valorem taxation ________302, 378, 502, 551, 1183
INDEX
2867
LIQUEFIED PETROLEUM GAS
HB 229
--Shall not be included under the term "petroleum products" ________________ ..--___________.-- 375, 414
LIQUORS (See Alcoholic Beverages, elections, taxation)
HB 620 HB 340 HB 341 SB 141 HB 546 HB 312 HB 533
--Certain counties authorized to legalize and control without necessity of election ....------ ...__ 1384, 1460
--Illegal manufacture; misdemeanor to possess equipment or raw materials _...__................__--.__________ 538, 639
--Illegal manufacture; penalty for conspiracy _______-_.__........... 539, 639, 1033, 1369, 1443, 1948
--Municipal elections; provisions 1469, 1644, 1673, 2296, 2416 --Provide for Department of Alcohol Beverage
Control ----------------_--_-,,-._._._..____..__...._____ 1162, 1297, 1396 --Reduce size of packages which may be sold by
licensed dealers __................--------.. 531, 533, 634, 641, 724 --Sale of; annual license fee ....1024, 1026, 1173, 1177,1452, 2179
LITERATURE HB 271
--Obscene; felony to knowingly sell, exhibit, etc. persons under 18 years of age .........471, 494, 500, 593, 2449
LITHONIA, CITY OF
SB 5 --Mayor and Councilmen, qualifying
fees --------
........271, 287, 311, 383, 424
LIVESTOCK HB 539
--Maximum license plate fee for private trucks hauling livestock _.___...___________..._...___._._._____ 1161, 1296
LOANS HB 433
HB 296
SB 8
--Building and Loan Act; investment in real estate loans; 100 mile limitation ------_----.--------------824, 898, 1465, 1823, 2495
--Georgia Insurance Code of 1960; insurer's investment in mortgage loans, participation ______.___._----____.________..___.492, 542, 697, 935, 2301
--Student; Georgia Higher Education Assistance Corporation; create ----700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
2868 HB 467
INDEX
--Uninvested trust funds by financial institutions, real estate loans -_._...--...-..-_-.._.......827, 900, 960, 1142, 1686
LOCAL GOVERNMENT COMMISSION
HR 237-656 --Establish in Atlanta and Fulton County ._.__.,,.______.......___.______________1602, 1670, 1677, 1780
LOCKHEED GEORGIA AIRCRAFT CORPORATION
HR 245 HR 175
--Congress urged to assist in securing Air Force C-5A Transport Contract _..____._________________._.____1691
--Urge construction of underpass at intersection on Highway 280 ________...._______.___...______.___649, 696, 765, 1471
LONG COUNTY HB 194 --Sheriff's salary ..____.________________._____________303 f 379, 382, 422, 704
LOONEY, GEORGE M. HR 27-43 --Compensate ....._.__.._........._.._......_..._.__.._..__..._....-..78, 92
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT HR 24-43 --Establish law library _.__.____-_.__.__78, 92, 959, 973, 2178
LORD, REV. WADE H. --Prayer offered by ....--_--__---_.._,,.--_~~_,,..--__.--_..___.__1599
LOTTERIES HB 13
--Lottery tickets; unlawful to possess ________66, 82, 503, 578, 580, 625, 737
LOUISVILLE, CITY OF
HB 110
--Board of Tax Assessors; arbitration of assessments _.___.____.._..__157, 212, 289, 313, 833
INDEX
2869
LOVETT, HONORABLE W. HERSCHEL HR 277 --Congratulate ..._.....__._____--..._.__........_..._--......_..._._._2186
LOWNDES COUNTY
HR 241-677 --Convey certain tract of land to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin ___._._______.....1667, 1758, 1764, 1967, 2302
LYONS, CITY OP
HB 457 HB 459
--City Court Judge, salary -_-_...........891, 954, 1033, 1037, 1768 --City Court, rules of practice ............891, 954, 1034, 1038, 1768
M
MACHINERY HB 336
--Sales tax; exempt machinery used in new manufacturing plants -......._.____________.______-._--__.__________538, 638
MACON, CITY OP HB 435 --Corporate limits, change .....____.__.__..-__.824, 898, 961, 966, 1475
MACON JUDICIAL CIRCUIT
HB 56
--Solicitor-General; change compensation paid by Peach County __..----....-.. ........ 88, 103, 501, 504, 831
MACON TELEGRAPH AND NEWS HR 150 --Express appreciation __.._-..._..._.......___._..-...__._._.... 481, 546
MACON TV STATION WBML HR 203 --Commend ................._...................,,..._.__,,.......................... - 974
2870
INDEX
MADISON COUNTY
HB 158 --Board of Commissioners of Roads and Revenues, create ...,,.-______.___._____________...._...._..--..280, 307, 925
HB 590 --Board of Commissioners of Roads and Revenues, create .....-.__._....__..-_.--.....__..____...._ 1289, 1391, 1397, 1481, 1886
HB 591 --Certain officials' salaries ____.______.1289, 1391, 1397, 1481, 1886 HB 159 --Change certain officials' salaries __..-____....-__._-_280, 308, 925 HR 184-423 --Madison County Industrial Development and
Building Authority; create; amendment to the Constitution __________._______________.747, 829, 903, 909, 2178 HB 193 --Madison-Morgan County Airport Authority; create --..._....._..,,._.._.....-_-................ 303, 379, 382, 421, 703 HB 157 --Sheriff's salary ............_____-..............._____..__-_-.........280, 307, 924 HB 592 --Sheriff's salary ____.....__.____-_._-.........1290, 1391, 1397, 1481, 1886
MALOOF, HONORABLE CHARLES N.
HR 179 HR 274
--Congratulate ._._________.__..........__..__.._.__._____........__..._______._....720, 2499 --Congratulate ......._..___-__...........-_.._...-.-_.__...._._____.___._._..____.._.2046
MALT BEVERAGES (See Beer, Alcoholic Beverages)
HB 628
--Alternate method of reporting and paying tax ....................._._..______-....__......______.__..._.1386, 1462, 1615
MANCHESTER, CITY OF
HB 464
--Board of Commissioners, change method of electing ................_.._---............_..892, 955, 1034, 1039, 1611
MARIETTA, CITY OF
HB 499 --City Councilmens' salaries ... 952, 1030, 1034, 1199, 1765, 2195 HB 391 --Cobb-Marietta Water Authority,
membership ___._.___........_._....._..._.-.......686, 747, 835, 836, 1474 HR 193-475 --Levy of additional taxes for educational purposes;
amendment to the Constitution ....894, 957, 1034, 1092, 2306
MARSHALL, REV. SAM --Prayer offered by ._..--..--.-..--.-._._..-.-.-..--.--_--....--------------.469
INDEX
2871
MARION COUNTY
HR 65-112 --Board of Education; election of members; amendment to the Constitution ---- 159, 213, 382, 436, 2499
HB 693 --Sheriff's salary ___....._._......_......____1755, 1872, 2026, 2029, 2496
MARKED VEHICLES
HB 535
--All vehicles used for police purposes must be distinctly marked ______._______.__......1026, 1174, 1179, 1356, 2179
MARKETING ACT, COOPERATIVE
HB 488
--Election of officers from and by others than Directors ............__._._.___.......___...__. 950, 959, 1028, 1280, 1680
MARRIAGE HB 279
HB 24 HB 23 HB 51
SB 96
--License; 3 day waiting period ______________473, 495, 545, 873, 883, 2439, 2465, 2487, 2488, 2490, 2500
--License; proof of pregnancy, change provisions ._--__.,,__69, 84 --License; proof of pregnancy of underage female ___...._. 69, 83 --License; three-day waiting period, certain
exemptions _____...._______________.__.____.____.______..__..,,... 88, 102 --Persons able to contract; remove disability,
impotency .........................1684, 1772, 1874, 2173, 2354, 2418
MATRIMONY HB 279
--Marriage license; 3 day waiting period -----473, 495, 545, 873, 883, 2439, 2465, 2487, 2488, 2490, 2500
Me
McCORKLE, H. F. HR 69-117 --Compensate ________.__161, 214, 1175, 1200, 1682, 1715, 2121, 2377
McDANIEL, REV. E. C. --Prayer offered by ......--.........._........__............................._... 1870
2872
INDEX
McDENNON, REV. PHILO --Prayer offered by _____--__---.___----._--------------_____________. 819
McDUPFIE COUNTY HB 27 --Coroner's salary .....------_--_.___------.74, 89, 131, 137, 702
McINTOSH COUNTY HB 594 --Certain officials' salaries .-1290, 1392, 1466, 1620, 2147, 2208
MEDICARE HR 214
--Congress urged to oppose __--,,__--.____.--------_____________1201
MEDICINE SB 123
HB 453 HB 544
--Paregoric; unlawful to possess more than two fluid ounces _..._.....--..--...........1469, 1643, 1673, 1676, 2131
--Sales tax; exempt .---__,,.---_--.__________--------.........890, 953 --Sales tax; exempt if prescription required ......--~--1162, 1296
MEETINGS HB 287
--All organizations, except grand juries, supported by public funds, to hold public meetings .___.--------------_-._.-.490, 540, 697, 937, 1608, 1636
MENTAL HEALTH
HB 418 HB 374 SB 136
HB 511 HB 513 HB 245
--Insane persons; Sheriff may take into custody for safety reasons .__........_..-._..-..-___.__.....--.746, 828, 1033
--Insane persons; warrants; method of service ------------_------...----_---630, 693, 903, 1008, 2179
--Judicial procedure for involuntary hospitalization of mentally ill persons ...........__.___--.---1767, 1772, 1874, 1878, 2261, 2298
--Judicial procedure for involuntary hospitalization of mentally ill persons.--------_1020, 1170
--Judicial procedure for involuntary hospitalization of mentally ill persons _------~.1021, 1170
--State institutions; cost of care assessed against assessable income of patient --------406, 453, 476
INDEX
2873
MERCER, MR. JOHNNY HR 162 --Requested to compose State Song __-_____,,__--...,,_________513, 643
HR 281 --Express appreciation .....,,..........__._.___...__....__..._................__.._2317
MERCER, JOSEPH B. HR 43-84 --Designate bridge _....___.____._....____._..___.____121, 167, 311, 463, 2498
MERCHANDISE
HB 275
--Unethical selling techniques; unlawful _._.._._472, 495, 503, 615, 1308
MERCHANTS HB 649 HB 133
--Municipal taxation; remove exemptions, certain counties ___.___._..______-__...,,,,_.___._,,........_..........1459, 1607, 1614
--Sales tax; compensation allowed for collection and remittance .._..-.-.......,,......_-_-208, 262, 1180, 1328, 1679
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY SB 102 --Create .............................._...-_......905, 906, 958, 1179, 1749, 2045
METROPOLITAN ATLANTA RAPID TRANSIT CORPORATION HB 500 --Create -- -__,,_,,------._,,_.__.........__952, 1030
METTER, CITY OP
HB 455
--City Court's Judge, filling vacancies .
__. 890, 954, 1033, 1037, 1610
MIDDLE JUDICIAL CIRCUIT HB 492 --Solicitor-General's salary _._....._.......951, 1029, 1180, 1319, 1680
2874
INDEX
MILAN, CITY OP HB 135 --Election code ................._..__--..______.___.258, 284, 289, 317, 703
MILITARY PERSONNEL
HB 550
--Cognizance bonds accepted in misdemeanor cases --_--..-_.-.._-._-_-----------------1163, 1297, 1396, 1827
MILK AND CHEESE; DAIRY INSPECTION ACT
SB 131 HB 519
--Amend relating to ice cream ______. 1614, 1644, 1673, 1877, 2135 --Amend relating to ice cream ___...._____...............1022, 1171, 1175
MILK AND MILK PRODUCTS
SB 131 HB 519
--Milk and Cheese; Dairy Inspection Act; amend relating to ice cream ___ 1614, 1644, 1673, 1877, 2135
--Milk and Cheese; Dairy Inspection Act; amend relating to ice cream _____________________ .1022, 1171, 1171
MILK CONTROL ACT
SB 98
--True legislative intent of transfer of Milk
Commission to Department of
Agriculture
__ _______....___... ..959, 963, 963, 1030, 1969
MILLEDGEVILLE, CITY OF
SB 27 SB 154
--Mayor's term of office _________.__..____._._. 497, 512, 542, 2026, 2038 --Registration and voting; change
provisions ______..... ------1766, 1772, 1874, 2026, 2043, 2122
MILLEDGEVILLE STATE HOSPITAL
HR 57-107 --Chapel of All Faiths; suspend sales tax on equipment ...._____________.___ _._.._.____..__,,. 157, 211, 700, 777, 1400
MILLER COUNTY
HR 236-654 --Miller County Development Authority; create; amendment to the Constitution ...... 1602, 1670, 1677, 1915, 2500
HB 639 --Sheriff's salary __.____.._..--__.______.__. 1387, 1463, 1467, 1617, 2300
INDEX
2875
MILNER CONFEDERATE CEMETERY
HR 199
--Secretary of State authorized to employ Caretaker __________________________________ _____________ 848, 900
MINERAL LEASING COMMISSION
HB 57
--Increase membership __.___... 89, 103, 503, 804, 1684, 1950, 2002, 2062, 2153, 2168
MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT
HB 236
HB 206 HB 498
HB 148 HB 585 HR 231
HB 86
SB 15
--Certified professional personnel shall not be assigned to serve as classroom teachers _.____,,_ 405, 474
--Determination of local participation ____________________ 371, 410, 901 --Equalized adjusted school property tax digest;
independent school systems --_._________._. .._._______._ 952, 1030 --Funds allocated to local units _.___.__________...__________278, 306 --Local financial ability; change provisions _______ 1168, 1301 --Local financial ability; create committee to study
best method of calculating _________________ ___________________ ___1325 --Minimum schedule of salaries; provisions
for establishing _____...._________________.121, 168, 171, 226, 480 --Teachers' salaries; change provisions for
establishing basis for minimum schedule ______ 300, 305, 381
MINORS SB 106 HB 60 HB 44 SB 163 HB 134 HB 525 HB 653 HB 337 HB 23
--Abandonment of children; penalty ______ 1614, 1686, 1760, 1762, 2059
--Aid to Dependent Children Act; change age limit ________-____________-_______....,,__.__..__. __________ 99, 125, 1879
--Child abuse; certain persons required to report ___79, 93, 905, 1003, 1400, 1415, 1468, 1642, 2012, 2046
--Children and Youth Act; licenses, rules and regulations ____.__.__,,_______...._. ______ 2146, 2150, 2171, 2294
--Income tax; $600 personal exemption from taxpayer's net income _____________ 208, 263, 1035, 1214, 1685
--Juvenile Courts empowered to act as Courts of Inquiry ________________ 1023, 1172, 1210, 1398, 1650, 2496
--Juvenile Courts; Municipal traffic laws; change provisions _________-_-------_--_.._..___._.---__________ 1601, 1669
--Juvenile Courts; news media not excluded from hearings in certain cases ____________ 538, 638, 903, 1121
--Marriage license; proof of pregnancy of underage female ....____.--_----....--.-._._-. ____.___.___..__ 69, 83
2876 HB 292
HB 601 HB 374
INDEX
--Married or 18 years of age; may execute conditional sales contracts for personal property _-_______.__________-___-.._.____.____.____.491, 541, 834, 986, 2301
--Narcotics; felony to sell to minors _.-......._____.-......_.1293, 1393 --Warrants; method of service ............630, 693, 903, 1008, 2179
MITCHELL, TOWN OF HB 351 --Election Polls, hours open __.___._.____._____625, 690, 753, 757, 1188
MITCHELL, REV. SAM --Prayer offered by _._,,__......._.,,..-__--._...,,.._._.-------...2169
MONEY ORDERS
SB 2 --Georgia Sale of Checks Act; license required of business selling for a fee ............700, 704, 750, 960, 1150
MONTEZUMA, CITY OP HB 46 --Extend and define city limits __..__~~_-._79, 93, 131, 140, 274
MOORE, HONORABLE JOHN H. HR 295 --Commend ...__...__.__......-._.._.._...__.-........ 2328
MOORE, R. P. HR 198 --Sympathy for passing of ........ .... ...... ........... 847
MOORMAN, DR. JIMMY W. HR 188 --Wishing speedy recovery .__..____.--.-----....,,.--_----_----....--..767
MORGAN COUNTY
HB 193
--Madison-Morgan County Airport Authority; create -- ....... ---. .......303, 379, 382, 421, 703
INDEX
2877
MORGAN, SAMUEL H. HR 229 --Express sympathy for passing of _...-.--_____._______._.. ___________1324
MORTGAGES HB 296
--Georgia Insurance Code of 1960; insurer's investment in loans, participation ___ 492, 542, 697, 935, 2301
MOTOR BOATS
HB 394 HB 45 HB 48
--Georgia Motor Boat Numbering Act; extend renewal date of licenses ____-___.___.686, 748, 902, 1154, 1680
--Motor Vehicle Tax Law; refunds on gasoline _._..._.__._........................_.___.........79, 93, 700, 813, 2493
--Sales tax; exported equipment .. ..,, _ 80, 93, 504, 587, 754
MOTOR FUEL TAX ACT (See Gasoline, Taxation, Motor Vehicle)
HB 404
--Accounting by counties of expenditure of funds ..--....--___..____-_-__-.._..-.-_-_-_....____-........688, 750, 1032
MOTOR FUEL TAX LAW
HB 456 HB 441 HB 625
--Gasoline used for aircraft; sales tax refund ,,...----__ 891, 954 --Sales tax refund to counties and municipalities ._.___.__825, 899 --School buses; refunds ---___________________1385, 1461
MOTOR POOL HR 121
--Centrally located State, interagency; create Committee to study --_._.-----------_-_...._..----...--____,,,,_. 292
MOTOR SCOOTER
HB 376
--Holder of learner's driver's license may operate ..............__...-.-...___-__-__......-......-........-630, 693, 1034
MOTOR VEHICLES
HB 535 HB 209
--All vehicles used for police purposes must be distinctly marked _____......_.1026, 1174, 1179, 1356, 2179
--Alternately flashing blue lights; misdemeanor if used by private motorists _...--_-------__._371, 410
2878 HB 629 HB 84 HR 121 HB 508
HB 641 HB 282 HB 227 HB 232 HB 231 HB 356 HB 358 HB 490 HB 642
HB 657
HB 663
HB 581
HB 354 HB 278
HB 11 HB 30 HR 39
INDEX
--Ambulance drivers; emergency first aid
course required -- ...--- - - _------____-._____.___.._______.--1386, 1462
--Boat trailers; exempt brake requirements,
2000 Ibs. or less .-------120, 167, 502, 603, 1679, 1701, 1765
--Centrally located State, interagency motor pool;
create Committee to study --.. ----..----_----_--............292
--Certificate of Title Act; delivery when being
held by first security interest or
lienholder
............... 1020, 1169, 1306, 1424, 2302
--Certificate of Title Act; wrecked or scrapped;
disposition of certificate .................... .._.__.._.. ........ 1388, 1464
--Change speed restrictions, certain
highways _,,_--------........--------._.... 473, 496, 699, 788, 1399
--Criminal offense to drive under influence of
alcohol or narcotics; blood test .__._....... 375, 413, 1034, 1857
--Disposition of security deposited to satisfy
judgment for damages .----......___. .... 376, 414, 479, 518, 2180
--Driver's license; educational requirements
if under 21 years of age .......___..______......____._...___ 376, 414, 453
--Driver's license; minimum age requirement
for applicants of operator's license ...... -626, 649, 690, 901
--Driver's license; revocation on 65th birthday;
renewal of ......................----_______...____.______________----.-..627, 691
--Drunkenness in parked motor vehicle on public
street or highway; crime .__--------....--------951, 1029, 1396
--Farm equipment exceeding width and length
requirements; special permit not required
during daylight hours if used on highways ......._1388, 1464
--Farm equipment exceeding width and length
requirements; special permit not required
during daylight hours within certain radius
of owner's residence --------------------------1602, 1670
--Farm equipment exceeding width and length
requirements; special permit not required
during daylight hours within certain radius
of owner's residence ------..----1604, 1672, 1676, 1829, 2299
--Filing of proof of financial responsibility
upon second conviction, certain offenses;
repeal ___..........._,,_.........,,......._----_.--.-------1289, 1306, 1391
--Inspection and regulation of substances and
preparations of anti-freeze .....------. .--626, 690, 697, 816
--Inspection of Motor Vehicles Act; change certain
requirements .-------472, 495, 699, 849, 872, 1608, 1940,
2003, 2016, 2150, 2168
--Inspection of Motor Vehicles Act; change
provisions ------_--------__...----------..------------66, 81, 642
--Inspection of Motor Vehicles Act; change
provisions --..------------_---------------------- ......75, 90
--Inspection of Motor Vehicles Act; create
Committee to study ----------------------. ..106, 173, 255
SB 54 HB 115 HR 614
HB 113 SB 9 HB 52 HB 376 HB 577 HB 2 HB 53 HB 233 HB 652 HB 259 HB 339 HB 552 HB 216 HB 512 HB 210 HB 539 HB 404 HB 45 HB 94 HB 93 HB 92 HB 246 HB 48 HB 599 HB 357
INDEX
2879
--Inspection of Motor Vehicles Act; inspection
prior to sale to general public _--..----,,__,,.....- 644, 648, 696
--Inspection of Motor Vehicles Act; repeal _...__---- 159, 213, 642
--Inspection of Motor Vehicles Act; seller must
warrant that vehicle ready for
inspection ____------.------------...1383, 1459, 1678
--Inspection of Motor Vehicles Act; shall apply
only to 1963 or later models -- ...-------------- 159, 213
--Larceny; punishment ------------------755, 756, 829, 1677, 2162
--Larceny; punishment _-- ...------------ -- 88, 102, 545, 664
--Learner's driver's license; holder may operate
motor scooter ___,,_-----------_.--------__------630, 693, 1034
--Liability insurance; giving of security ..____--...........1288, 1390
--License plates; issued by county tax collectors
or tax commissioners ---------- ,, .. 24, 48, 71, 112, 265
--License plates; payment of annual tax
semi-annually
. ------............ 88, 103, 525, 1399
--License plates; proof of payment of ad
valorem tax ----------------------------376, 414, 452, 698
--License plates; sold by tax collector or
tax commissioner ,,--_---_------------------1601, 1669
--License plates; special to Georgia Civil Defense -----409, 478
--License plates; tax commissioners shall be agent
for accepting applications --------------------538, 639, 743
--License plates; compensation allowed tax
commissioner or collector acting as agent _ 1163, 1298, 1747
--License plates; ham radio operators .... -373, 411, 502, 580
--License plates; issuance to veterans ----------1021, 1170, 1305,
1859, 1946, 2496
--License plates; payment of ad valorem
tax --.----------------------------------.......371, 410, 453, 1180
--Maximum license plate fee for private trucks
hauling livestock ------ ----------..._.------------1161, 1296
--Motor Fuel Tax Act; accounting by counties
of expenditure of funds .----.....------------.----688, 750, 1032
--Motor Vehicle Tax Law; refund on gasoline
by certain water craft ----------------.79, 93, 700, 813, 2493
--Non-resident motor carriers; service of
process fee .
----------------124, 169, 172, 241, 1470
--Non-resident motor common carriers; service
of process fee --------------.---------- 123, 169, 172, 239, 2494
--Non-resident motorists; service of process
fee ------------.---------- ----------------123, 169, 172, 238, 832
--Parking brakes; adequate to hold on any grade ----407, 476
--Sales tax; exported equipment; additional
exemptions --------....--.....----------....._.80, 93, 504, 587, 754
--Special permit not necessary on certain vehicles
if outside width exceeds 96 inches ----------------1291, 1392
--Speed detection devices; use by counties and
municipalities ......-------------- ----------------627, 691, 960
2880 HB 615 HB 129 HB 191 SB 57 SB 129
HB 478 HB 618
INDEX
--Tires; date of manufacture and serial number
stamped in raised letters _.____.____--__________1383, 1459, 1678
--Uniform Act Regulating Traffic on Highways;
prohibit hitchhiking
,,,,__.._..._.. 207, 262, 697, 1356
--Uninsured motorists; rights of insurer in
establishing recovery of losses _...........___.__..._.___.302, 378, 502
--Uninsured motorists; venue of action......... 1681, 1686, 1760
--Vehicle proceeding in line of traffic shall
yield right-of-way to vehicle immediately
ahead .............__..-....___.-..-.-..-._.___-.-.-......___...._.1309, 1327, 1395
--Wanton disregard of safety of persons or
property, misdemeanor .....,,_-_.-.-.........._.__.895, 957, 1177, 1373
--Wrecked or scrapped; cancellation of Certificate
of Title __.____-.......-__.-......___........1383, 1460, 1615, 1729, 2180
MOTOR VEHICLE INSPECTION LAW --Committee report - _..-...___........_.._.___.--..__.. ....--._.___.--.,,..___. 2583
MOTOR VEHICLE TAX LAW
HB 45
--Gasoline used by certain water craft; refunds of State taxes .........____._--....__79, 93, 700, 813, 2493
MOULTRIE, CITY OF
HB 436
--Mayor and Councilmen, elected by majority vote _______,,_______._..____.__...._....__824, 898, 961, 967, 1475
MOUNTAIN JUDICIAL CIRCUIT
HB 703 HB 255
--Court Reporter; salary _.__._.._...1756, 1873, 2026, 2030, 2498
--Superior Court of Towns County; change
terms .......
.._..--_....__.._408, 477, 545, 645, 1182
MOWRY, MINNIE B. HR 44-84 --Compensate ....._......___......... .,,..._...____..121, 167
MT. AIRY, TOWN OF
HB 258
--Mayor and Council, change election date _.__-._,,.-__--.-.--...-^Oe, 478, 502, 511, 1609
INDEX
2881
MUNDAY, BILL HE 228 --Express sympathy for passing of ------.....------.... 1322, 1471
MUNICIPAL CORPORATIONS
HB 450 HB 514 HB 681 HB 506 HB 108 HB 588 HB 114 HB 338 HB 419 HB 215 HB 699 SB 19 SB 215 HR 248 SB 29 SB 17 SB 121 SB 198 SB 199 SB 164 SB 103
--Acworth, City of; corporate limits, extend _------....... ..------------_. 889, 953, 1033, 1036, 1884
--Albany, City of; City Court, appointment of more than one judge ------------.1021, 1170, 1178, 1312,1769
--Albany, City of; corporate limits, change .------.....------------....__..1668, 1759, 1878, 1897, 2303
--Allenhurst, Town of; create and incorporate ------------.. 1019, 1169, 1178, 1312, 1768, 2061
--Alma, City of; mayor and council, election _------_.--------_--------.157, 211, 289, 319, 1765, 2062
--Alpharetta, City of; corporate limits, change ......................._..__.__.1168, 1302, 1391, 2026, 2031, 2497
--Ashburn, City of; mayor and council, compensation ------------_,,__.__._----159, 213, 289, 314, 702
--Athens, City of; Ad Valorem Tax, levy ................ ...._.------------------.538, 639, 698, 715, 1188
--Athens, City of; employee's pensions :...746, 828, 904, 908, 1475 --Athens, City of; installation of storm sewers,
cost assessment .--------------__-- 373, 411, 501, 506, 754 --Athens, City of; taxation, increase ___....................._...1756, 1873 --Atlanta, City of; Advisory Committee,
expenditure of funds -..........__..........._ 271, 288, 311, 545, 647 --Atlanta, City of; corporate limits,
extend .------------------.--------1882, 1891, 2024, 2174, 2182 --Atlanta, City of; Fulton-Atlanta Court Study
Commission; commend ----------..-------..-.--_--..----1693, 1880
--Atlanta, City of; Municipal Court, Chief Deputies' salaries ....--------.--------497, 512, 543, 1762, 1898
--Atlanta, City of; Fire Department, maximum pension benefits _...._.-~--~-~-.._........271, 287, 311, 545, 646
--Atlanta, City of; employees' pension benefits ------------------------1192, 1196, 1303, 1762, 1900
--Atlanta, City of; elections, polling places .........................................2144, 2149, 2170, 2295, 2308
--Atlanta, City of; elections, vote in residence area --------------.-2145, 2149, 2170, 2295, 2308
--Atlanta, City of; elections, use of voting machines .....--.__--------_.._..1766,1773, 1874, 1878, 2039
--Atlanta, City of; Fluoridation of Public Water System .------.905, 906, 958, 1762, 1905, 2046, 2118, 2288, 2389, 2392, 2452
2882
INDEX
HB 270 --Atlanta, City of; Joint board of tax assessors,
salaries ________.._____._____.__..__.._____..__..___ 471, 494, 501, 551, 1185
HR 237-656 --Atlanta, City of; Local Government
Commission; establish ........___._._. .____1602, 1670, 1677, 1780
HB 567 --Atlanta, City of; Municipal Court Judges'
salaries
,,._..__ 1166, 1300, 1306, 1406, 2148, 2281
SB 120 --Atlanta, City of; Department Heads, pension
benefits if not reelected or
reappointed _______..1192, 1196, 1303, 1762, 1899
SB 18 --Atlanta, City of; Pensions for officers who
fail to be reelected or reappointed ___.271, 288, 311, 545, 647
SB 20 --Atlanta, City of; Police Department,
maximum pension benefits ___.._ .... 271, 288, 311, 545, 647
SB 60 --Atlanta, City of; Street
improvements ___________... ----.. 1192, 1194, 1302, 1762, 1898
HB 401 --Augusta, City of; Assistant Recorder,
duties ______ 688, 749, 835, 837, 1189
SB 126 --Augusta, City of; Augusta Municipal Court,
revise laws ____.. ____.__..._... 1193, 1196, 1304, 1466, 1627
HB 403 --Augusta, City of; Mayor and members of the
council, election contests heard by Superior
Court of Richmond County _______._. __. 688, 749, 835, 838, 1190
HB 402 --Augusta, City of; Police Department, height
requirements ___.._..._...._....._,..............__. 688, 749, 835, 838, 1189
HB 465 --Austell, Town of; corporate limits,
increase _____......... ________.-_..___ 892, 955, 1034, 1039, 2147, 2190
HB 315 --Bainbridge, City of; City Manager, create
office .._...._____.__.............___._-_-___-.._._...._ 534, 635, 698, 710, 1609
HB 323 --Brinson, Town of; elections, establish
biennial ._.____.....__..__........_...................... 535, 636, 697, 711, 1610
HB 237 --Brunswick, City of; Brunswick and Glynn
County Development Authority, define
commerce __..__...__,,._______________-_______________ 405, 475, 502, 508, 834
HB 309 --Brunswick, City of; City Court, Judge's
salary .__..._...._. -
- -- - 531, 634, 698, 709, 1186
HB 306 --Brunswick City Court; Sheriff's deputies,
salary
___..._._._...__..._.___.__ 530, 634, 698, 708, 1186
HB 28 --Brunswick, City of; voting machines and vote
recorders, authorize use ......... ......75, 90, 131, 137, 831, 844
HB 669 --Buford, City of; City Manager's
salary ......................_________..___..__.1666, 1757, 1763, 1893, 2300
HB 147 --Cairo, City of; off-street parking areas,
authority __..________.-...-........_,,...-..-_..._...__261, 287, 289, 318, 703
HB 204 --Carnesville, City of; reincorporate _______ 305, 381, 383, 429, 642
HB 609 --Cedartown, City of; Tax millage rate,
change _......_..__.._..__.._...1294, 1394, 1467, 1623, 1886
HB 460 --Chamblee, City of; Sanitary taxes;
increase ...._______.__......_..._....___891, 955, 1034, 1038, 1611
HB 398 --Chatsworth, City of; corporate limits,
change . .. . -
____.._.687, 748, 835, 837, 1474
HB 267
HB 156 SB 79 SB 80 HB 368 SR 33 SB 191
SB 168
SB 211 HB 462 HB 624 HB 184 HB 121 HB 317 HB 400 HB 171 HB 172 HB 553 HB 438 HB 126 HB 82 HB 504 HB 637
INDEX
2883
--Chatsworth, City of; Mayor and Aldermen
authorized to sell certain
land _.....__..________. ._______._.________________________470, 494, 501, 550, 1185
--Colbert, City of; create new
charter _______ _____._,,_____________________________ 280, 307, 382, 417, 703
--College Park, City of; alternate pension plan
for employees _________________ _____.__...__701, 705, 751, 1178, 1315
--College Park, City of; employees' pension
benefits __________,,..__. _______.___.___701, 705, 752, 1763, 1900, 2250
--Columbus, City of; Commission member's
salary ...__.
__._.___.___.629, 692, 753, 760, 1188
--Columbus, City of; easement of certain
property ____--.__._,,_.________-_-._._,,,,_._._.________479, 480, 497, 699, 801
--Commerce, City of; Banks-Jackson-Commerce
Hospital Authority; vacancies on Board,
appointment ______________........ ...1881, 1889, 2023
--Commerce, City of; certain officials, shall hold
office until removed for
cause _-_,,.__.__. ..___-- 1766, 1773, 1875, 2295, 2308, 2440
--Commerce, City of; First and Second Wards,
change territory ________ _______,,__,,_. 2145, 2149, 2170
--Cordele, City of; change form of
government ______________________ 892, 955, 1033, 1042, 1611
--Cordele, City of; conveyance of certain
property __._.._.._
___ 1385, 1461, 1466, 1618, 2176
--Cordele, City of; qualification of
voters _._,,,,_.___..._ .......____-.._____ 301, 377, 382, 421, 642
--Cornelia, Town of; division of
wards ,,________-__._.______--___________________. .162, 215, 289, 315, 1609
--Gumming, City of; permanent voter
registration .
,, _ ______________ .534, 636, 698, 711, 1473
--Dalton, City of; Police and Fire Department,
personnel----____.__.-----.--_----688, 749, 903, 906, 1474
--Dawson, City of; Mayor and Council's
compensation_______ ____________ _______ ..____.. 283, 309, 382, 424
--Dawson, City of; sale of certain
property _____ _________________________ 283, 310, 382, 428, 1472
--Dexter, Town of; municipal elections, date
held _ ________________ _____,,.___ 1164, 1298, 1306, 1404, 1770
--Douglas, City of; Court's Judge and Solicitor; salaries _ _.____..... _____ 824, 898, 961, 971, 1190
--Douglas, City of; close portions of certain streets_____._._._________._--________________ 206, 261, 289, 316, 645
--Dublin, City of; Dublin-Laurens School System; create_ __________________________ 120, 166, 217, 220, 416
--Dublin, City of; Wards, redefine territorial limits ________ _____.___. __1019, 1169, 1306, 1402, 1769
--East Dublin, Town of; municipal election hours ____________________ 1387, 1463, 1467, 1616, 2177
2884 SB 205 HB 680 SB 201 SB 83 HB 605 HB 177 HB 240 HB 214 HB 4 HB 253 HB 220 HB 221 HB 536
HB 335
HB 612
HB 611 HB 610 HB 484 HB 21 HB 676 HB 675 HB 674 HB 673
INDEX
--East Point, City of; City Clerk's
duties .------__------.-. . . .......... _ ...... 1882, 1890, 2024, 2168
--East Point, City of; city limits,
change ......_._._ .._._.......... ...._... 1668, 1759, 1763, 1895, 2497
--Fairburn, City of; corporate limits,
extend-- _----------.----..----._ . ._..___.________ 1882, 1890,2033
--Forest Park, City of; Personnel Department
create ___.._----._._.___.._....____ ..__.._.__.__........ 755, 757, 830, 961, 970
--Fort Gaines, City of; corporate limits,
change -- ... .-- _ _ 1294, 1393, 1466, 1624, 2300
--Fort Valley, City of; council posts for
Utilities Commission _......_...... ....... 284, 310, 382, 419, 1183
--Gainesville, City of; Employees' Retirement
System, annual increases----.. 405, 475, 501, 509, 1184
--Garden City; extend corporate
limits .......-- .._.._--------_ ------ ._.----.. 372, 411, 501, 506, 1184
--Georgetown, Town of; may and councilmen;
terms of office---------------- 48, 70, 131, 133, 272
--Gordon, City of; Charter,
create------.--------------
408, 477, 502, 511, 754
--Griffin, City of; corporate limits,
extend-------------------------- -- 374, 412, 500, 547, 1184
--Griffin, City of; Election Manager's
appointment ._----------------------. 374, 412, 500, 548, 1184
--Hawkinsville, City of; City Commissioners
authorized to sell and convey certain
land .............................--------_. .1027, 1174, 1178, 1314, 1769
--Hawkinsville, City of; Commissioners
authority to close, sell and convey certain
land ._------------------__ ...------------ 537, 638, 698, 715, 1187
--Hazlehurst, City of; taxation of life,
accident and sickness insurance
companies...----------.-...--..-.1295, 1394, 1467, 1624, 1887
--Hazlehurst, City of; use of voting machines
in all municipal elections..------ 1295, 1394, 1467, 1623, 1887
--Hazlehurst, City of; Taxation of life insurance
companies.-------- .-- ....__-----.1294, 1394, 1467, 1623, 1886
--Higgston, Town of; calling of
elections------------------------949, 1028, 1034, 1197, 1768
--Jackson, City of; mayor and councilmen, increase salaries.----------------------68, 83, 131, 136, 1471
--Jefferson, City of; corporate limits, change----------.------------------------1667, 1758
--Jefferson, City of; corporate limits, change --..--.--------------------------------.----1667, 1758
--Jefferson, City of; corporate limits, change ------------------... ------------------------ . .1667, 1758
--Jefferson, City of; corporate limits, change ------------.....------------------------------..1667, 1758
INDEX
2885
SB 209 HB 392 HB 37
HB 39 HB 38 HB 667 HB 633 HB 293 HB 205 HB 189 SB 5 HB 110
HB 459 HB 457 HB 435 HB 464 HB 499 HB 391
--Jefferson, City of; corporate limits,
extend_____________.._._-------- 2118, 2149, 2170, 2294, 2310, 2439
--Kennesaw, City of; Mayor and City Council,
salaries..--...._....------.....-- .686, 747, 835, 836, 2147, 2193
--LaGrange, City of; competitive bidding by
city officials contracting business
with city----..----------_..------____..___.... 76, 91, 131, 139, 273
--LaGrange, City of; group insurance
for employees..----------__----_..--.____-_. 77, 91, 131, 139, 273
--LaGrange, City of; tax increase for the years
1965 and 1966 .-------------.....-...-77, 91, 131, 139, 273
--Lawrenceville, City of; entrance fee,
certain candidates..---- _____ 1666, 1757, 1763, 1893, 2299
--Leesburg, City of; Mayor and Council, term
of office--.......--------...------.... 1386, 1462, 1677, 1688, 2176
--Leslie, Town of; voting, certain
changes....................----.-......_............491, 541, 545, 646, 1185
--Lincolnton, City of; Councilmen, method
of electing _...__....._.----..__...--..---- 370, 409, 501, 505, 753
--Lincolnton, City of; limitation of ad valorem
taxation..........----_.......---------- 302, 378, 502, 551, 1183
--Lithonia, City of; Mayor and Councilmen,
qualifying fees._......--..._................... 271, 287, 311, 383, 424
--Louisville, City of; Board of Tax
Assessors, arbitration of
assessments __.___.___.........._.___.._...... .157, 212, 289, 313, 833
--Lyons, City of; City Court, rules of
practice ._._..___--.....--.................... 891, 954, 1034, 1038, 1768
--Lyons, City of; City Court Judge,
salary..._._........ _______________________ 891, 954, 1033, 1037, 1768
--Macon, City of; corporate limits,
change ...... ___________ _
_.__......... 824, 898, 961, 966, 1475
--Manchester, City of; Board of Commissioners,
change method of electing _______ 892, 955, 1034, 1039, 1611
--Marietta, City of; City Councilmens'
salaries.......----._.----...._.__ 952, 1030, 1034, 1199, 1765, 2195
--Marietta, City of; Cobb-Marietta Water
Authority, membership ..._...--------686, 747, 835, 836, 1474
HR 193-475 --Marietta, City of; levy of additional taxes for educational purposes; amendment to the Constitution ... _______ ... 894, 957, 1034, 1092, 2306
HB 455
--Metter, City of; Court's Judge, filling vacancies ___ _ .... ... .... _ 890, 954, 1033, 1037, 1610
HB 135
--Milan, City of; election
code _____
_____ _____ 258, 284, 289, 317, 703
SB 27
--Milledgeville, City of; Mayor's term of office ..----.. ------ _..--...-_._---- 497, 512, 542, 2026, 2038
SB 154
--Milledgeville, City of; registration and voting; change provisions .._._.... 1766, 1772, 1874, 2026, 2043, 2122
2886 HB 351 HB 46 HB 436 HB 258 HB 327 HB 266 HB 424
HB 265 HB 665 HB 470
HB 32
HB 201 HB 200 SB 165 HB 487 HB 476 HB 477
HB 695 HB 466 HB 31 SB 173 SB 124 HB 702
INDEX
--Mitchell, Town of; Election Polls, hours
open._.___......._..__.._.__.._...... .__..----__. 625, 690, 753, 757, 1188
--Montezuma, City of; extend and define city
limits.... .-._.__-.----___.. . ......._..__ 79, 93, 131, 140, 274
--Moultrie, City of; Mayor and Councilman,
elected by majority vote ..... .. ... .._.. 824, 898, 961, 967, 1475
--Mt. Airy, Town of; Mayor and Council,
change election date ... .._ ...... .. . 409, 478, 502, 511, 1609
--Newnan, City of; City Court, Solicitor's
secretary's salary.......... ....._.___.... 536, 637, 697, 712, 1186
--Newnan, City of; City Clerk, license fee
execution, issuance ...... .. ......... 470, 493, 501, 549, 1184
--Newnan, City of; Mayor and Members
of the Board of Aldermen,
salaries __----........,,...----.....--............... - ............. 822,896
--Newnan, City of; Newnan-Coweta Airport
Authority; create ._.._._............-..._..470, 493, 501, 549, 831
--Ocilla, City of; corporate limits;
extend .... . .__.___.__.. _____ _ 1606, 1672, 1763, 1896, 2299
--Odom, City of; Mayor and Council authorized
to sell certain portion of a
street ______.------.---- .._.___. _______ 893, 956, 1034, 1040, 1611
--Pearson, City of; mayor and members
of city council elected by a
majority vote _____________ ________ 76, 90, 131, 138, 832
--Pembroke, City of; City Court, Judge's
salary_______ ______________ 305, 380, 382, 423, 833
--Pembroke City Court; Solicitor's
salary ......_..----.......................... 304, 380, 382, 423, 833
--Pooler, Town of; corporate limits,
extend .......... ........ ... . 1766,1773,1875,2295,2307
--Powder Spings, City of; corporate limits,
change _____ ...... ....... 950, 1028, 1034, 1198, 1885
--Quitman, City of; City Commissioners,
reduce number .... . . ... . . 894, 957, 1034, 1040, 1475
--Quitman, City of; Chairman of the
Board of Commissioners, voting
rights ........ ... ........... ... .. . 895, 957, 1034, 1040, 1475
--Ringgold, City of; Water works and sewerage
system, extend .......... . . .. 1755, 1872, 2026, 2029, 2498
--Riverdale, City of; employee's group
insurance, secure _ _ . . . 892, 955, 1034, 1039, 1611
--Rockmart, City of; Rockmart Development
Authority, create ...... ..... ... .
75, 90, 131, 137, 273
--Rome, City of; corporate limits,
extend _________ ________... .. 1767, 1773, 1875, 2026, 2039
--Rome, City of; Employees' Retirement Fund,
increase contributions ..... .... 1192, 1196, 1304, 1306, 1410
--Rossville, City of; corporate limits,
extend ___ _ ..... ..... ........... .... ... 1756, 1873, 2026, 2030, 2498
INDEX
2887
HB 64 --Roswell, City of; corporate limits, change.-------------------- 701, 705, 751, 1763, 1899
SB 58 --Savannah, City of; Board of Education, eligibility for reappointment....___---- 644, 648, 696, 835, 840, 1193
HB 183 --Savannah, City of; City Court, conform practices----------------------_------..___... 301, 377, 382, 421
HB 521 --Savannah, City of; County and City Board of Tax Assessors, create point Board.-..-...-....-.---- 1022, 1172, 1178, 1313, 2045, 2223
SB 70 --Savannah, City of; Municipal Court Judges and Associate Judges, salaries --_...._---- 701, 705, 751, 835, 840
HR 269 --Savannah, City of; Public Health Service Hospital; transfer to site now occupied by Hunter Air Force Base ....__.....__. .......__. ...... ... 1930, 2305
HR 117-149 --Savannah, City of; Savannah Port Authority; name changed from Savannah Authority"; amendment to the Constitution .__.------.------. ....... 278, 300, 306, 382, 431, 963
HB 26 --Smithville, City of; voter registration, time and manner_------...----------_.._..._ 70, 84, 131, 136, 273
HB 448 --Smyrna, City of; Number of wards, change .........--..--..-..--.. 826, 900, 1178, 1197, 2147, 2191
HB 603 --Statesville, Town of; corporate limits, change------... ------ .-------- 1293, 1393, 1466, 1621, 2176
HB 602 --Statesville, Town of; Reincorporated to City of Statenville----.-.-.-..-------1273, 1393, 1466, 1625, 2175
HB 385 --St. Mary's, City of; City council, method of filling vacancies...--------_----....---- 632, 695, 753, 763, 2303
HB 405 --St. Mary's, City of; voting machines, authorize use........._--------......._.----. 689, 750, 835, 838, 1190
HB 426 --Summerville, City of; close certain streets ._..------------ 822, 896, 961, 966, 1884
HB 427 --Summerville, City of; proposed ordinances, giving notice...-...-..------...--------. 823, 897, 961, 965, 1884
HR 176-398 --Swainsboro, City of; lease agreement on certain property between Georgia State Agency for Surplus Property and the State Board of Education..........----.---- .---- 687, 749, 962, 1113, 2306
HB 138
--Sylvester, City of; City Council, election ......... ...- ..... ._....... ....... ... . 259, 285, 289, 318, 703
HB 235
--Sylvester City Court; Judge's and Solicitor's salary .. ...... ............... ..... . 404, 474, 502, 507, 833
HB 596
--Tallapoosa, City of; additional tax
levied for school purposes
.. .. ... .... 1290, 1392
HB 686
--Tallapoosa, City of; Tax for school purposes, levy ............. .. 1753, 1871, 2026, 2027, 2497
HB 482
--Thomaston, City of; ad valorem tax, limit........ .._.._..------------------. 896, 958, 1034, 1041, 1613
2888
INDEX
HB 481 --Thomaston, City of; ad valorem tax levy and
collection ______________________ 895, 958, 1034, 1041, 1611
HB 117 --Thomaston, City of; extend corporate
limits..................... ________________ 160, 214, 289, 314, 1183
HB 249 --Thomasville, City of; levy and
collection of tax upon salaries
of employees'- _-- __...._._____ ________________ 407, 477, 501, 510, 834
HB 137 --Unadilla, City of; convey certain property
to E. Guy Conner______.._. _______________ 259, 285, 289, 317, 703
HB 212 --Unadilla, City of; corporate limits,
alter..__._______._...._____________._.._._______.._...__372, 411, 1762, 1891, 2300
HB 33 --Unadilla, City of; levying and collection of
ad valorem tax on property.. _______ ... 76, 90, 131, 138, 273
HB 299 --Union City; elections, certain
changes-..._...____.__________._.___..._ 493, 542, 698, 706, 2452, 2470
HB 461 --Valdosta, City of; corporate limits,
change........................................... 891, 955, 1034, 1038, 1611
HB 691 --Vernonburg, Town of; additional
commissioner, provide............... 1754, 1872, 2026, 2029, 2498
HB 643 --Warner Robins, City of; City Court,
create..........__._...__.__._._......... 1388, 1464, 1466, 1626, 1883, 2051
HB 300 --Warrenton, Town of; returns, change
date ________.-_.._.__.___-___._____________._...._ 529, 633, 697, 716, 1185
HB 389 --Waycross, City of; City Manager's
salary..__.__________.__
._
632, 695, 752, 764, 1189
HB 388 --Willacoochee, Town of; Mayor and Members
of the Board of Aldermen,
election _______________________________ __.. _ 632, 695, 752, 763, 1189
HR 192-454 --Winder, City of; easement of sewer lines
through Fort Yargo State
Park -_------__--_ .... ..... 890, 954, 962, 1097, 1471
HB 635 --Woodland, City of; close certain
street_............ ________________ 1387, 1463, 1467, 1616, 2176
HB 579 --Wrightsville, City of; City Court; Judge's
salary..-.. _____ ..... ...... . ... 1288, 1390, 1397, 1480, 2175
MUNICIPAL OFFICIALS HR 144 --Welcome ... _ .... .... .................... ......... . ...................
.... 386
MUNICIPAL STUDY COMMITTEE
--Interim committee report.... ..... _
2562
MUNICIPALITIES
SB 141
--Alcoholic beverages; provisions relating to elections _______ .......... 1469, 1644, 1673, 2296, 2416
INDEX
2889
HB 440
--Board of Trustees of the Joint Municipal Employees' Retirement System;
create------------
. _ 825, 899, 903, 1125, 1468, 1633
SB 62 --Destruction of records, authorize governing
authority to order----------------1309, 1327, 1395, 1614, 2114
HB 648 --Grants; accounting of expenditure of funds
for street improvements -------------------- 1458, 1607, 1614
HB 6 --Grants for construction and maintenance
of streets, equipment and personnel
for control of traffic.-......----64, 80, 130, 184, 190, 218,
1679, 1703, 1880
HB 5 --Home Rule; delegate
powers--------....------.__._.----64, 80, 132, 312, 456, 500, 595
SB 4 --Home Rule; provide for.----....415, 416, 478, 1033, 1333, 1426,
1427, 1770, 1781, 2123, 2145
SB 33 --Local Planning commission;
create------......_--------...1191, 1194, 1302, 1677, 2157, 2298
HB 225 --Officers; Social Security Act--------......374, 413, 1396, 1868
HR 116-149 --Planning and zoning ordinances; enact;
amendment to the Constitution......------.278, 306, 641, 726
HR 132-229 --Repairs of certain property; amendment to the Constitution-------------------------375, 414, 545, 650
HB 173
--Street improvements; system of appraisal of costs.------._--.-.-_--...._--------....--.---...-.----283, 310
HB 574 --Taxation; limitation on cities' right------.....------....1288, 1390
MURPHY, HONORABLE THOMAS B.
HR 165 HR 276
--State Real Properties Control Commission; election as member__._.___.________.___......-514
--State Property Commission; member of.------......._------...453
--Wishing happy birthday..............--------.----------..----.2048
MURR, JACK HR 81-121 --Compensate.----------.....----.......----------------_____.162, 215, 1675
MUSCOGEE COUNTY
HB 370
--Chairman and Vice-Chairman of the Board of Commissioners, election.---------- 629, 693, 753, 761, 1189
HR 170-372 --Columbus-Muscogee County Port Development Commission; create; amendment to the Constitution------.------630, 693, 961, 1085, 1090, 2146, 2224
HB 372 --Corner's salary-----.--.--------------629, 693, 753, 761, 1189
HB 371 --Deputy Coroner's duties--------------629, 693, 753, 761, 1189
2890 HB 369
INDEX
--Employee's pension fund, provide-__-__-_-__--._..-.-.--..-____--629, 692, 753, 760, 1189
N
NARCOTICS HB 227 HB 601
--Criminal offense to drive while under influence _.__...__...___________..__.___________.._...______.375, 413, 1034, 1857
--Sales to minors; felony _.._.........._..__.___._.._ .... 1293, 1393
NATURAL GAS
HB 424
--Mayor and Members of the Board of eminent domain ........._-___-_..__.472, 495, 544, 932, 1765, 1944
NAVIGABLE STREAMS HB 469 --Redefine relating to fishing rights .._._-....__.........--___.893, 956
NEWNAN, CITY OP
HB 266 HB 327 HB 424 HB 265
--City Clerk, license fee execution, issuance ___.____.__.,,,,..--______________.__..._470, 493, 501, 549, 1184
--City Court, Solicitor's secretary's salary ..._.__.______...___.......__.___.._...._._536, 637, 697, 712, 1186
--Mayor and Members of the Board of Aldermen, salaries ._..,,.,,.......___......................._.__..822, 896
--Newnan-Coweta Airport Authority; create ..._.......__._.-..._............._.._...._470, 493, 501, 549, 831
NEWTON COUNTY
HB 324 HB 276
--Board of Commissioners, Commissioner's salary ____................___________........_._.___.536, 637, 697, 718, 1473
--Sheriff's chief deputy, salary ............472, 495, 501, 550, 1472
NORTH CAROLINA MUTUAL LIFE INSURANCE CO.
SR 32
--Great Seal of the State of Georgia; permit use of facsimile -.-.__.__._....._....__.1310, 1327, 1395, 2027, 2155
INDEX
2891
NORTH GEORGIA MOUNTAINS COMMISSION HB 322 --Reduce number of members ---535, 636, 834, 989, 1400, 2228
NORTHEASTERN JUDICIAL CIRCUIT HB 116 --Provide for terms ................. .._......._......,160, 213, 479, 525, 832
NORTH FULTON SPECIAL CHOIR
SR 48
--Designated Official Choir of the State of Georgia _.__-..._._.....____.._.._..______.._-...........___.1469, 1645, 1674
NURSES HB 646
--Board of Examiners of Practical Nurses; increase per diem pay .___....__....1458, 1607, 1675, 1839, 2181
NURSING PROGRAM, DAY HR 230 --Create committee to study .___._._........-.._-___....._____..._....__._1324
o
OBSCENE LITERATURE
HB 271
--Felony to knowingly sell, exhibit, etc.; persons under 18 years of age .._.....__._._......_.471, 494, 500, 593, 2449
OCILLA, CITY OF HB 665 --Corporate limits; extend _._.__.........1606, 1672, 1763, 1896, 2299
OCONEE COUNTY HB 145 --Sheriff's salary .........__._...__.._._.._..............261, 286, 289, 318, 642
OCONEE JUDICIAL CIRCUIT HB 393 --Solicitor-General; salary __....__.___________._686, 748, 834, 968, 2180
2892
INDEX
OCONEE WILDLIFE REFUGE
HR 270 SR 92
--Protest establishment ,,,,___._._.____,,. _....____..._._.._1935, 2296, 2340 --Protest establishment ___________________._._______1880, 1938, 2296, 2341
ODOM, CITY OF
HB 470
--Mayor and Council authorized to sell certain portion of a street . _.___________________893, 956, 1034, 1040, 1611
ODOM, ELLEN PAYNE HR 261 --Express appreciation ______________________..._._.___...._._........__._ _ _1922
OEMLER, MRS. ISABELLE C. HR 13-21 --Compensate
.....,,..,,.
____68, 83, 1675, 1776
OFFICIALS, STATE
HB 140 HB 583
--Salary of __________________.,,________________.___,,_______._______________ ____260, 286 --Emeritus offices created __,,________,,__ 1168, 1177, 1301, 1420, 2438
OGEECHEE JUDICIAL CIRCUIT SB 114 --Solicitor-General's salary..__.._____ 1191, 1195, 1303, 1466, 1627
OLD-AGE SURVIVORS INSURANCE
HB 225 --Federal Social Security Act; define officers of political subdivisions __..____....._..____....___.__374, 413, 1396, 1868
SR 49 --Social Security Act; Secretary of Health, Education and Welfare requested to make changes in certain regulations ___________________1401, 1401, 1464, 1879, 2141
OLEOMARGARINE HB 422 --Excise tax; repeal Act _____________________ 746, 829, 1035, 1363, 2495
O'NEILL, WILLIAM W. HR 218 --Congratulate ..___.____._...._____...._________.______,,...,,_._.............................1206
INDEX
2893
OPEN MEETINGS
HB 287
--All organizations, except grand juries, supported by public funds, to hold public meetings -__________.___.__.-_..--.-_____490, 540, 697, 937, 1608, 1636
OPEN WELLS OR HOLES
HB 558
--Provide for covering, filling or otherwise making safe _.................._..1165, 1177, 1299, 1419, 2479, 2485
ORDINARIES
HB 132 HB 387
--Bonds; increase amount ..........__-_....207, 262, 1035, 1278, 2298 --Place on salary in lieu of fee basis __..____......__.____.-.._._632, 695
OSBOURNE, REV. CHARLES --Prayer offer by ._____,,_._..._--_._.___..._..............__.........____1159
OSTEOPATHIC PROFESSION --Interim study committee report _____________________________________2667
OSTEOPATHY HB 196 --Drugs; provide for use ......._...._..............._._....._.....__304, 379
OUTDOOR ADVERTISING
HB 486 HB 311
--Control erection and maintenance ___.._..________.___..._950, 1028 --Regulations on National System of Interstate and
Defense Highways ___.._.__--.-______-________._.____._________531, 634
OWLS SB 39
--Hunt of; prohibit _____..__.____1308, 1327, 1395, 2173, 2272, 2433
P
PAGE, ROBERT
HR 151
--Vice-President of Future Farmers of America; commend _,,,,--------------__.......,,___.__,,_--_,,_.,,--__--_,,...481
2894
INDEX
PARDONS AND PAROLES
SB 76
--State Board; arrest and bail under certain circum stances of a conditional release _^701, 705, 751, 1033, 2005
PAREGORIC SB 123
--Unlawful to possess more than two fluid ounces _._._......._._.__..._.._._.___.1469, 1643, 1673, 1676, 2131
PARKER, MR. ALBERT HR 312 --Expressing appreciation to ._._..._._.._..____.___.......................__...._ 2338
PARKS
HR 125-208 --George W. Pridgen Roadside Park; designate ____,,_._-_.-__..._.371, 410, 502, 512, 1308
PARKS PROPERTY, STATE --Interim Committee Report ____._.___,,________________._________________ _ 2501
PATIENT CARE
HR 253
--Cost in public hospitals and institutions; create committee to study _____.______________._.___.______._____.1699, 2174, 2342
PAULDING COUNTY
HB 630 HB 346
--Certain officials' salaries ....________1386, 1462, 1467, 1619, 1887 --Clerk's salary .........._.._............._..539, 640, 698, 715, 1468, 1642
PEACE OFFICERS' ANNUITY AND BENEFIT FUND
HB 174 HB 55 HB 124
--Prior credit for certain officers ___..........................283, 310, 545 --Redefine "police officer" _____________ ...__..............___88, 103 --Relating to refunds to members __._....206, 261, 697, 1000, 2178
PEACH COUNTY
HB 164 HB 97
--Abolish office of Treasurer .........______281, 308, 382, 418, 1183 --Sheriff's salary ____________________________________ 124, 170, 218, 223, 498
INDEX
2895
PEARSON, CITY OF
HB 32
--Mayor and members of city council elected by a majority vote __..___.___.-................_..__76, 90, 131, 138, 832
PEEPLES, HON. DAVID --Elected Doorkeeper of House ....----,,---..----__--------___------23
PEMBROKE, CITY OF HB 201 --City Court, Judge's salary -_.____,,__.___..._306, 380, 382, 423, 833
PEMBROKE CITY COURT HB 200 --Solicitor's salary ........_._.............____.......____304, 380, 382, 423, 833
PENAL AND REHABILITATION AUTHORITY ACT, STATE
HB 106
--Maximum bond limitation of ten million dollars _,,_._______.____--___--_--_156, 211, 904, 1118, 2452, 2463
PERRY, HONORABLE ELDRIDGE HR 290 --Commend -..--.-_-.-.....__.____........____.-..__-_____.._.......__.___...__..__2325
PERRY, MRS. ELDRIDGE HR 298 --Commend ____,,_...__..._.........____.,,______________________.______________.__._________2330
PERSONNEL BOARD, STATE
HB 342
--Long Term Disability Insurance Plan; establish for State employees ______________-_______._______________639, 639
PETROLEUM PRODUCTS
HB 229
--Shall not include the term "liquefied petroleum gas" ________________________________________375, 414
PHILLIPS, EULALIE HR 93-123 --Compensate ______________________________________________________ 164, 217
2896
INDEX
PHILLIPS, PAUL E. HR 80-120 --Compensate -......_ 162, 215, 959, 1076, 1683, 1718, 2121, 2377
PHYSICIANS HB 254
--Sterilization; authorized to perform operation on certain persons ------------.----_----.------.408, 477, 641, 1646
PICKARD, HONORABLE MAC
HR 289 --Commend
.....
2324
PICTURES HB 271
--Obscene; felony to knowingly sell, exhibit, etc.; persons under 18 years of age.....--471, 494, 500, 593, 2449
PIERCE COUNTY
HB 68 --Chairman of Board of Commissioners; compensation --..__........--......___......101, 126, 173, 220, 498
HR 105-133 --Industrial Development and Building Authority; create; amendment to the Constitution ... ...._.------_____.-.......... 208, 263, 382, 440, 2177
HB 69 --Sheriff's salary._,,..__----._____..__._.._.__----..102, 127, 173, 220, 498
PIGS HB 480
--License to sell breeding stock...--........ ...... ........-...--..895, 957
PIKE COUNTY HB 362 --Sheriff's salary ......................................628, 691, 753, 759, 1883
PIRTLE, REV. JON --Prayer offered by ... --------.------------------ ............. 276
PITTS, CLIFF HR 19-27 --Compensate ......------.74, 89, 499, 552, 1681, 1707, 2120, 2377
INDEX
2897
PLANNING COMMISSIONS
SB 33
--Counties, municipalities; create locally ______.______________.__________1191, 1194, 1302, 1677, 2157, 2298
PLANNING AND ZONING ORDINANCES
HR 116-149 --Counties, municipalities; enact; amendment to the Constitution __._____..-._____.-__-.-..-__-.._.278, 308, 641, 726
PLESS, TALMADGE HR 63-112 --Compensate ____.______..__.._._____,,______._._....._...._-.....__-.......... 159, 218
PLUMBING CODE
HR 173
--Statewide Plumbing and Electrical Code; create committee to study establishment ._.__...._._____563, 1678, 1934
POLICE HB 535 HB 29
--All vehicles used for police purposes must be distinctly marked ............._.....-1026, 1174, 1179, 1356, 2179
--Governor authorized to offer reward for slayers of ,,___.._-...___.......__..______--_.___......._.__..75, 90, 1035, 1367
POLK COUNTY HOME DEMONSTRATION CLUB HR 202 --Commend .....__--_-..._--_..-_-_._.--.._--_.__------.-----._.................. _ 924
POLLUTION HB 190
--Water pollution control projects; grants allowed without Federal aid if need is shown _ ......__......._...302, 378
POOLER, TOWN OF SB 165 --Corporate limits, extend .....___..._1766, 1773, 1875, 2295, 2307
PORNOGRAPHIC MATERIAL
HB 271
--Felony to knowingly sell, exhibit, etc.; persons under 18 years of age ................_.-.471, 494, 500, 593, 2449
2898
PORTS HB 15
INDEX
--Of entry; right of corporations to operate and maintain foreign-trade zones ------------67, 82, 132, 182, 754
POST MORTEM EXAMINATION ACT, GEORGIA
HB 163
--Autopsies performed solely to determine
cause of death
------------ 281, 308, 902, 979, 1155
POULTRY HB 526
--Laying hens; redefine production as applied to property tax exemptions __...._... 1023, 1172, 1615, 1956, 2303
POULTRY IMPROVEMENT ASSOCIATION, GEORGIA SR 93 --Expressing appreciation to ,,-------- -......___.... 1880, 1933
POULTRY FEDERATION, GEORGIA SR 93 --Expressing appreciation to ____.__________________________________1880, 1933
POWDER SPRINGS, CITY OF HB 487 --Corporate limits, change ---------950, 1028, 1034, 1198, 1885
PRACTICAL NURSES
HB 646
--Board of Examiners; increase per diem pay _....___......_._______._____.........1458, 1607, 1675, 1839, 2181
PRACTICE AND PROCEDURE
HB 381 HB 556 HB 167 HB 645 HB 644
--All evidence germane to severity of sentence shall be admissible for jury's consideration ----------------.631, 694
--Appellate Practice Act of 1965; amend ---------.-------1164, 1298, 1398, 1489, 2146, 2165
--Appellate Practice Act of 1965; modernize procedures, civil and criminal cases ............282, 309, 312, 489, 582, 754
--Attachment cases; conform procedure to procedure prevailing in ordinary civil cases --------------1389, 1464
--Attachment cases; provisions relating to person before whom affidavit shall be made ------------1389, 1464
HB 80 HB 283
HR 22 HR 182 HB 208 HB 14 HB 42 HB 186 SB 115 HB 120 SB 38 HB 423 HB 170 HB 378 HB 273 SB 28 HB 166
INDEX
2899
--Certain implied warranties if sold as
new property _________________________________._.._...__.___ 119, 166, 502, 600
--Civil actions, wrongful death or permanent
impairment; jury may use any rate in
reducing verdict.__.___...... .____._.__.__. 473, 496, 641, 1114
--Civil and Criminal Procedure; create
committee to study _____ ..______._,,__________...._.._.____.___. 71, 104, 149
--Civil and Criminal Procedure; create
Committee to study __.__.___________._..__. ...._..._ _____.__722, 961, 977
--Civil suits; advance court costs deposited
with action
.....
........371, 410
--Criminal cases; computation of sentence imposed
on indigent defendant ........
66, 82, 312, 460, 702
--Deeds; certified copy admissible in evidence;
real property ______..______...______...__..._.__.__.-_77, 92, 479, 520, 1182
--Divorce; Judge shall hear case without jury if no
issuable defense is filed .______.________._______._._..____._ 302, 378, 500
--Felonies; punishment may be reduced to misdemeanor
upon recommendation of jury ._...____ 1192, 1195, 1303, 2066
--Garnishment; default judgments for failure
to answer summons .__.____________,,,_..._____..__,,-____ ._____.._____ 161, 215
--Georgia Administrative Procedure Act; amend to make
technical clarifications ___.._. .755, 756, 830, 1614, 1963, 2250
--Judges' discretion to refuse bail pending
appeal of last conviction ____......________ ,,._.___._.__. 747, 829, 1396
--Judges' procedure if presiding in circuit
other than his own _____________________________________ 282, 309, 312, 591
--Judgments; entry on general execution
docket ..... ____________ 631, 694, 1033, 1097, 1397, 1743, 2179
--Jury duty; persons entitled to exemption ...... ... 471, 494
--Practice of law; statutory definition;
repeal ___._.._...___..___________.____________._.____755, 756, 830, 1033, 1970
--Pretrial and trial procedures in civil cases;
modernize __...._.._____.._.._._......._._..._..._______ 282, 309, 312, 488, 586
PRAYER, OFFERED BY CHAPLAINS
--Hughston, Dr. John W. _.............
..............
5
--Flournoy, Rev. W. W. ___.-_--.__._.___-_..._.._.._.____..____.______.__._____43
--Corley, Rev. William _______.________-.~_____..__-______..-_--_..__....._____..______63
--Brazell, Rev. Lewis H. __________.____. .__---.._.___...73
--White, Rev. Hubert A. __.____.______-______.____________.__._____.__._.... ..._______87
--Curruth, Rev. Carl __..._.______.______.__._._..__.________________________._....._... 95
--Preston, Rev. Ronald ____._._._._........._..__.. 117
--DuVall, Rev. Don ___________________________._._._______.___.___________.________..___205
--Starling, Rev. Rudolph _____________-__--____.______.__._.________...___.___ 153
--Green, Rev. George _________________------_--_---_--.______.________......257
--Pirtle, Rev. Jon __________________________--_________________.________._.__._____.__276
--Whiddon, Rev. L. R. ____----__._______._..___._ ..299
--Sherrill, Rev. Marion _________________________________________________________.__370
2900
INDEX
--Cribbs, Rev. Gilbert _______________________________________ ___--------__...403
--Marshall, Rev. Sam _________________________________.___________469
--Tucker, Rev. Harold _____________---- _ _. .....____._.490
--Campbell, Rev. Norton R,, Jr.__._--__.-._________ ____528
--Baggett, Rev. Robert --------_----_____----_------______.______624
--Griffin, Rev. James ______________________________..._-.____,,.______________.----685
--Kitchens, Rev. William, Jr. ___.___.___.__._...____,________________.....______743
--McDennon, Rev. Philo _______________________________________.___.819
--Smith, Rev. Eddie L. ___--------.--------------_________.___._._________.888
--Kennerly, Rev. Byron --------------------_--__-._----------.-----948
--Storey, Rev. William E. __________----___________________1017
--Osborne, Rev. Charles ________________________________________________.1159
--Vines, Rev. Jerry _ _----------___________________________--------_1285
--Self, Rev. William L. ,,_______________----------____.._______________------1381
--Byington, Rev. William ...--...___________.----__________________1457
--Lord, Rev. Wade H. ------_.--------_______._____________.._--------_1599
--James, Rev. Bob ------_____________------------ .,,_______1664
--Ernest, Rev. H. N. __________________. __
_....__----.1750
--McDaniel, Rev. E. C. ________________.......
______1870
--Sanders, Rev. Max ________________..._.___________________________.2020
--Mitchell, Rev. Sam ___,,_______._________________________________________.2169
--Walker, Rev. Alastair C. ,,_____----------____________--_----___.----2292
PRESTON, REV. RONALD --Prayer offered by __,,______________________________ _________________117
PRIDGEN, GEORGE W. HR 125-208 --Designate roadside park _________----.371, 410, 502, 512, 1308
PRISONS AND PRISONERS
SB 82 SB 76
HB 542
--Release of defendant; recovery of personal property _______._____----1401, 1402, 1465, 1677, 2267, 2297
--State Board of Pardons and Paroles; arrest and bail under certain circumstances of a conditional release _______________________.701, 705, 751, 1033, 2005
--Use of convict labor by State Highway Department ________________________________________________ 1161, 1296, 1396
PROBATION HB 102
--Statewide Probation Act; Judicial Circuits, officer in charge __________._____155, 210, 1035, 1344, 1782, 2494
INDEX
2901
PROPERTIES ACQUISITION COMMISSION, STATE
HB 107 HB 272
--Create ....._____.____________156, 211, 503, 664, 699, 807, 2045, 2393 --Lease instrument shall receive 3 separate readings
in each House ,,__________.__......._471, 494, 962, 1127, 2472, 2483
PROPERTY
HB 321 --Abandoned; authorize Counties to sell _____--535, 636, 903, 1100 HR 132-229 --Counties, Municipalities; repairs of certain property;
amendment to the Constitution_________,,_____,,376, 414, 545, 650 HB 85 --Inventory and Public Sale of Property; private
sale of County property; certain counties .._.........___..____..______._...._...___121, 167, 218, 223, 1768 SB 108 --Landowners encouraged to make land and water areas available to public .....__.1612, 1643, 1673, 1678, 2133 SR 40 --Personal; ad valorem tax; allow certain exemptions; amendment to the Constitution _____._______--..1767, 1774, 1876 HB 80 --Personal; certain implied warranties if sold as new property ..._.._..._..-....._._______.__.....,.119, 166, 502, 600 HB 292 --Personal; certain minors may execute conditional sales contracts _...__-........._.-._...___....491, 541, 834, 986, 2301 HB 359 --Personal; explanation by seller, implied warranties ____.._.._.....-_,,--_-..-.__-_____-_.......--_,,______.____627, 691 HB 617 --Personal; limit deficiency judgments in causes of action arising from contracts ............._...._.____.._....._1383, 1460 HB 155 --Personal; unlawful for purchaser to make false statements in writing ____.____.__.....__.280, 307, 544, 663, 959 HB 421 --Quiet title; claimant may bring in rem action _______._.____.........._..____-._..___.__......__......__.746, 829, 905, 1831 HB 42 --Real; certified copy of deed admissible in evidence ___._________..______._..__.______________________77, 92, 479, 520, 1182 HB 152 --Real estate; prohibit loans by banks if held as investment _________.___..........__..___.______ 279, 306, 543, 657, 1182 HR 28-43 --State; Dade County, conveyance of permanent easements ___________________.....-................_..._.79, 93, 264, 296, 1476 HB 154 --Unlawful for purchaser to make false statements in writing ..........._.__.___._._.279, 307, 544, 663, 959
PROPERTY COMMISSION, STATE --Hon. Thomas Murphy appointed member ._.... .._..______.._ 453
PUBLIC ASSISTANCE ACT OF 1965, GEORGIA
HB 344
--Department of Family and Children Services to establishment categories of assistance payments __..___,,.._........._.--..,,.__..,,. ... 539, 640, 962, 1123, 2174
2902
INDEX
PUBLIC HEALTH, DEPARTMENT OP
SB 35 HB 219 SB 150
HB 245
--Authorized to enter into agreements related to control of ionizing radiation _.__.._. 546, 547, 641, 905, 1010
--Board of Health; increase membership ----..--_...----.373, 412 --Revise laws relating to issuance
of birth certificates in adoption cases ________-.1767, 1773, 1874, 1878, 2253, 2296, 2345, 2381,
2400, 2501 --State institutions; cost of care assessed against
assessable income of patient _____,,.--.--------._._ 406, 453, 476
PUBLIC MEETINGS
HB 287
--All organizations, except grand juries, supported by public funds, to hold public meetings ----------....__._._._.-----490, 540, 697, 937, 1608, 1636
PUBLIC OFFICIALS
HB 99
--State government; Executive, Judicial and Legislative branches; conflict of interest ....... ......__.154, 209
PUBLIC SAFETY, DEPARTMENT OF
HB 535 HB 209 HB 399
HB 232 HB 231 HB 356 HB 358 HB 581
HB 129 HB 11
--All vehicles used for police purposes must be distinctly marked ----......___._-1026, 1174, 1179, 1356, 2179
--Blue, alternately flashing lights; misdemeanor if used by private motorists --__--------.--------.--..371, 410
--Compensation of certain members -------687, 700, 749, 885, 1400, 1413, 1416, 1426, 2009, 2045
--Disposition of security deposited to satisfy judgment for damages -----------376, 414, 479, 518, 2180
--Driver's license; educational requirements if under 21 years of age -------------------------376, 414, 453
--Driver's license; minimum age requirement for applicants of operator's license ..............626, 649, 690, 901
--Driver's license; revocation on 65th birthday; renewal of _._.__..______.___.__......_......_...._... .......627, 691
--Filing of proof of financial responsibility upon second conviction, certain offenses; repeal -_----____._------.........-.__----...--------.1289, 1306, 1391
--Hitchhiking; prohibit ._...___.-....__.______....__.._.....207, 262, 697, 1356 --Inspection of Motor Vehicles Act; change
provisions .....,,._._.__.....--..._.--.--.._--------..----------66, 81, 642
HB 30 HB 278
HE 39 SB 54 HB 115 HB 614
HB 113 HB 376 HB 2 HB 216 HB 53 HB 233 HB 210 HB 339 HB 259 HB 357
INDEX
2903
--Inspection of Motor Vehicles Act; change provisions _____________________________________________________________________75, 90
--Inspection of Motor Vehicles Act; change certain requirements ____._..472, 495, 699, 849, 872, 1608, 1940, 2003, 2016, 2150, 2168
--Inspection of Motor Vehicles Act; create committee to study .._.....________.__._._____.____._. .___..__..106, 173, 255
--Inspection of Motor Vehicles Act; inspection prior to sale to general public ___.____.____._.._..._.............644, 648, 696
--Inspection of Motor Vehicles Act; repeal .._.__...... 159, 213, 642 --Inspection of Motor Vehicles Act; seller
must warrant that vehicle ready for inspection ___.___________.____._..__..._......___._______.___..___1383, 1459, 1678 --Inspection of Motor Vehicles Act; shall apply to 1963 or later models ............____...___._________._.___..____...._._159, 213 --Learner's driver's license; holder may operate motor scooter -_-.,,_.................__,,._______.________.. .....630, 693, 1034 --License plates; issued by county tax collectors or tax commissioners _______________________________24, 48, 71, 112, 265 --License plates issued to ham radio operators _______.___________._..__..._...,,.--...__.......__.__..373, 411, 502, 580 --License plates; payment of annual tax semi-annually_._------...--......--.___..-___..___.._..88, 103, 525, 1399 --License plates; proof of payment of ad valorem tax ______..__-__-.._......-...................376, 414, 452, 698 --License plates shall not be issued until payment of ad valorem tax ___.___._______._. __..._.................371, 410, 453, 1180 --License plates; tax commissioners shall be agent for accepting applications _________-____.._.._..__...._.538, 639, 743 --Special license plates to Georgia Civil Defense __.--__.409, 478 --Speed detection devices used, by counties and municipalities ________________._._________..____________.__627, 691, 960
PUBLIC SALE OP PROPERTY
HB 85
--Private sale of County property; certain counties ._........._____________.__...____121, 167, 218, 223, 1768
PULASKI COUNTY
HB 334
HB 333 HB 331 HB 332
--Commissioner of Roads and Revenues, salary ___.___________._________._______.____________.___537, 638, 698, 714, 1187
--Ordinary's salary ..........__..-____....___.........537, 638, 698, 714, 1187 --Sheriff's salary __.___.____.___.......___.__..___.___.537, 638, 698, 713, 1187 --Superior Court Clerk's salary ___.__._____537, 638, 698, 714, 1187
PURCELL, REVEREND REID B. HR 123-192 --Designate bridge _._.._..___.___._..-.....__........303, 379, 500, 564, 1471
2904
INDEX
PUTNAM COUNTY
HB 175 HB 176
--Board of Commissioners; salary _.__.____.283, 310, 382, 418, 703 --Coroner's salary ____.___________.__._.____________.284, 310, 382, 419, 703
PYE, MRS. DURWOOD HR 195 --Express sympathy for passing of ___._.._,,_____........,,._..__.._..... 845
Q
QUITMAN, CITY OF
HB 477 HB 476
--Chairman of the Board of Commissioners, voting rights ____________________________895, 957, 1034, 1040, 1475
--City Commissioners, reduce number .__...................__.-.._.........__.894, 957, 1034, 1040, 1475
QUITMAN COUNTY
HB 3
HB 685
HB 203 HB 458
--Board of Commissioners; election from county at large ,,,,______,,.--__________...____..__48, 70, 131, 132, 271
--Board of Education, selection of members ...._..._..__._____________1753, 1871, 2026, 2027, 2497
--Office of Tax Commissioner, create _..,305, 380, 382, 423, 1472 --Sheriff's salary._........__---.-..........891, 954, 1033, 1037, 1475
R
RABUN COUNTY
HB 127
HB 61
HB 408 HB 59
--Clerk of Superior Court; compensation of secretarial assistant _...........__--..._ 206, 262, 289, 316, 645
--Ordinary; compensation for secretarial assistance __-_.......___.____-_._._._....______...100, 125, 173, 219, 644
--Sheriff's salary ___.................__.__.689, 750, 835, 839, 1608, 1641 --Tax Commissioner's secretary;
compensation ...____.._.........-....._-..._-....__.99, 125, 173, 219, 644
RADIATION SB 35
--Ionizing; Department of Public Health authorized to enter into agreements relating to control ...___......_....._...____..........._._......546, 547, 641, 905, 1010
RAILROADS SB 63
HB 549 HB 586
INDEX
2905
--Employees not held responsible for blocking of any crossing ...___1193, 1194, 1302, 2026, 2351, 2392, 2407, 2428, 2440, 2500
--Promote safety of traveling public and employees ._____________________________,,.,,,,,,..____________________. 1163, 1297
--Railway blowposts; change location ________ ____1168, 1301, 1396
RANDOLPH COUNTY
HB 280 HB 251
--Ordinary, salary
__...
_________473, 496, 501, 551, 1185
--Sheriff's salary _____________.__,,,,__ _____408, 477, 501, 510, 1882, 2209
RAPID TRANSIT
HB 500 SB 102
--Metropolitan Atlanta Rapid Transit Corporation; create ._,,______,,___________________....._.__952, 1030
--Metropolitan Atlanta Rapid Transit Authority; create _._._.,,..,,..,,.._..__ __________ 905, 906, 958, 1179, 1749, 2045
RAY, DAVID O. HR 88-121 --Compensate
.
. __ _ ________________________ 163, 216
RAY, HONORABLE JACK B. HR 308 --Expressing appreciation to ________________........._........... 2336
RAY, MRS. VENTA L. HR 87-121 --Compensate _________________ _____________________________ 163, 216
REAL ESTATE
HB 152 HB 256 HB 433
HB 467
--Banks; prohibit loans on real estate held as investment ___________.__________._.____________.279, 306, 543, 657, 1182
--Brokers and salesmen; Licenses, reciprocal agreements and advertising ___.________408, 478, 834, 996, 1879, 2305, 2397
--Building and Loan Act; investment in real estate loans; 100 mile limitation ....____.__________...._______________ 824, 898, 1465, 1823, 2495
--Loans; uninvested trust funds by financial institutions .........................................S2T, 900, 960, 1142, 1686
2906 HB 421 HB 58 HB 154
INDEX
--Quiet title; claimant may bring in rem action _-..___._________.__.._______.___._____.___.________746, 829, 905, 1831
--Salesman; commission not deemed employment ______________.._~-..__........89, 103, 641, 733, 744, 1014
--Unlawful for purchaser to make false statements in writing ___..._.______._____...279, 307, 544, 663, 959
REAL PROPERTIES CONTROL COMMISSION, STATE
HB 290 HR 165
--Election of one member from each House to be elected biennially __.._________.__________..____491, 541, 699, 809, 2494
--Election of Thomas B. Murphy as member _...__.____......--.--514
REAPPORTIONMENT
HR 9-2 --Congress urged to call Constitutional Convention
to amend U. S. Constitution _._.-_.......__.....__..47, 70, 130, 179
HR 47-87 --Congress urged to call Constitutional Convention to
amend U. S. Constitution ...___.___.._...______.._122, 168, 173, 224
HR 128-212 --Congress urged to call Constitutional Convention to
amend U. S. Constitution ......_..__....372, 411, 500, 605, 1680
SR 14 --Congress urged to call Constitutional Convention to
amend U. S. Constitution ....415, 416, 478, 1177, 1972, 2119
HB 281 --House of Representatives; 205 members;
Representative Districts -_473, 496, 545, 669, 671, 741, 1399
HB 297 --House of Representatives; 205 members to be
elected on state-wide basis ,,___...-_..._----,,--,,__...------.492, 542
HB 683 --House of Representatives; election of first members
from Representative Districts __............__........... -1169, 1759
HB 242 --House of Representatives; election from
Representative Districts ......_...--------._----.--,,_--.406, 475
HB 580 --House of Representatives; election of members in
1965 __....1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472
HR 14-21 --House of Representatives; provide for;
amendment to the Constitution ___._____..___.....___..______________.68, 83
HR 107-138 --House of Representatives; provide for;
amendment to the Constitution _,,__-....,,--______ .......259, 285
HB 367 --House of Representatives; provide
for ------628, 692, 1307, 1494, 1505, 1520, 1527, 1538, 1542,
1549, 1557, 1565, 1596, 1975, 2016, 2070, 2145
HB 12 --House of Representatives; provide for ___._._.....___.......__.. 66, 81
HB 136 --House of Representatives; provide for __........ ...........258, 285
HR 226-627 --House of Representatives; political subdivisions
on equitable basis; amendment to the
Constitution ......_._______......._....._.......__......_..... 1385, 1461, 1465
HR 313 --House of Representatives; request Federal Court to
allow certain members to continue to serve _..._...__....._ 2476
HR 256 --House of Representatives; urge Federal
Court to allow members to complete
1965-66 term
............ 1700, 1933
INDEX
2907
HE 174-392 --Legislative power vested in a unicameral legislative body; amendment to the Constitution ___....._...........686, 747
HR 155 --Relative to adjournment of General Assembly, February 26, 1965 ______________-_....__.__________......_______ ______._____.._.__486
HR 135 --United States Congress; expressing support of proposed amendment to U. S. Constitution ...................383
RECORDS SB 62
--Destruction of, authorizing county and municipal governing authorities to order .._.._..._...._..._.._......_.__....... ..1309, 1327, 1395, 1614, 2114
RED DEVILS HR 227 --Commend
.-__....
....1321
REDDISH, I. E. SR 69 --Relieve as security on a bond ......1614, 1687, 1761, 2173, 2356
RELIGIOUS ORGANIZATIONS HB 373 --Method for discharging existing trustees ___________ 630, 693
REPORTS (Interim. Committees)
BARBER STUDY COMMITTEE 2548
CONSUMER CREDIT 2594
COUNTY MATTERS STUDY COMMITTEE 2701
EMPLOYEES RETIREMENT SYSTEM 2664
ETHICS, PROPOSED CODE OF 2584
FARMS, STATE COMMITTEE TO STUDY 2590
GAME & FISH LAWS 2580
2908
INDEX
GOVERNOR'S HONORS PROGRAM 2689
INDUSTRIAL SAFETY COMMITTEE 2637
INTERSTATE COOPERATION, GEORGIA COMMISSION ON 2645
MOTOR VEHICLE INSPECTION LAW 2583
MUNICIPAL STUDY COMMITTEE 2562
OSTEOPATHIC PROFESSION 2667
PARKS PROPERTY, STATE 2501
ROLL CALL MACHINE RECORDER 2644
SALARIES, UNIFORM IN STATE GOVERNMENT 2574
SCHOOL BUS TRANSPORTATION 2711
SCIENTIFIC RESEARCH AND DEVELOPMENT 2504
STATE PORTS FACILITIES 2660
STONE MOUNTAIN MEMORIAL ASSOCIATION 2613
UNIVERSITY SYSTEM OF GEORGIA 2610
WELFARE, PUBLIC 2577
INDEX
2909
RESERVOIRS HB 274
--Underground for storage of natural or manufactured gas; eminent domain .. ------ ...472, 495, 544, 932, 1765, 1944
RESOURCES ADVISORY BOARD
SR 71
--Southeast River Basins; Old-Age & Survivors Insurance coverage to employees ----------------.----1680, 1688, 1761, 2173, 2412
RETIREMENT
HB 507 HB 345 HB 440 HB 174 HB 55 HB 124 HB 125 HB 640 SB 110
SB 72
SB 109 HB 495 HB 43
HB 285 HB 600
HB 697
--Court Reporters' Retirement System; create _._____.1020, 1169 --Georgia Firemens' Retirement System;
create and establish ----------__...._--_.__ 539, 640, 697, 842 --Joint Municipal Employees' Retirement
System; create ------_--_.----825, 899, 903, 1125, 1468, 1633 --Peace Officers' Annuity and Benefit Fund; prior
credit for certain officers ____----------------283, 310, 545 --Peace Officers' Annuity and Benefit Fund;
redefine "police officer" ______------------------------88, 103 --Peace Officers' Annuity and Benefit Fund; relating
to refunds to members ____________.___.206, 261, 697, 1000, 2178 --Sheriffs' Retirement Fund of Georgia; amount
and method of payments __________-_______._______._______206, 261 --Sheriffs' Retirement Fund of Georgia; credit for prior
or past services for certain persons _________________1388, 1463 --Solicitors' General Retirement Fund;
credit for service in the armed forces ___-________________-_____1685, 1687, 1760, 2173, 2269, 2297 --Solicitors' General Retirement Fund; time served as a judge may be counted in computing number of years of service --------___------1401, 1402, 1464, 1465 --Superior Court Judges; Solicitors General; General Retirement Fund; provide.-..-------_______.1771, 1888, 2022 --State Employees' Retirement System; creditable service for certain employees ---------------- 952, 1029 --State Employees' Retirement System; certain members may re-establish credits for prior service _--.______--------_----__----78, 92, 544, 659, 1469, 1483 --State Employees' Retirement System; former em ployees; change provisions--.474, 496, 524, 696, 983, 1680 --State Employees' Retirement System; Georgia Cooperative Services for the Blind, Inc.; credit for previous service --.------1293, 1392, 1396, 1741, 2496 --State Employees' Retirement System; remove provisions providing creditable service for certain members _----------,,__,,_._. 1755, 1872, 2025, 2116
2910 SB 218
HB 257
HB 647 HB 659 HB 496 HB 261 SB 184 HB 262 SB 22
HB 88
INDEX
--State Employees' Retirement System; remove provisions providing creditable service for certain members _........._. 2046, 2148, 2170, 2173, 2349, 2418
--State Highway Department; certain employees eligible for State Employees' Retirement System _._.______-______________________-____.._....____ 409, 478, 500, 568
--Tax Assessors; members of State Employees' Retirement System __...,,_______._._.__.__..________..__________ 1458, 1607
--Teachers' Retirement System; addition of two members to Board of Trustees . _________ 1603, 1671, 1676
--Teachers' Retirement System; allowance received upon service retirement _._ 952, 1030, 1175, 1449, 2123, 2205
--Teachers' Retirement System; contributions and service credit ......______________________469, 493, 499, 609, 2123, 2212
--Teachers' Retirement System; define earnable compensation ...... 1685, 1774, 1875, 2172, 2347
--Teachers' Retirement System; disability allowance _.......___ .____________._.._____..______.____470, 493, 499, 611, 1182
--Teachers' Retirement System; Board of Trustees; provide for two additional members .... __ _ ______644, 648, 695, 698, 901, 1114, 1159, 1443
--Teachers' Retirement System; Board of Trustees' membership ________..,,..._______ 122, 168, 901, 1114
REVENUE DEPARTMENT, STATE
HB 340 HB 339
--Alcoholic beverages; equipment or raw materials used in illegal manufacture; misdemeanor to possess ___..._-.--.--_--._,,______....____-.-__-__---538, 639
--Motor vehicle license plates; tax commissioners shall be agent for accepting applications .._.--.538, 639, 743
REWARDS BOARD, STATE HB 202 --Create ....._._______ ..........._-.-...__.__.._.._...._._... .___.305, 380
RHODES, HONORABLE J. R., JR. HR 187 --Congratulate ____________ _....._.__._______________________._..___._..... ._____.____766
RICHMOND COUNTY
HB 403 SB 116
--Mayor and members of the council, election contests heard by Superior Court of Richmond County ____......________.____688, 749, 835, 838, 1190
--Superior Court Reporters' duties and salary ....... ______________.._....._.__1192, 1196, 1303, 1306, 1410
SB 111
INDEX
2911
--Treasurer's salary _____ _______ _.______.1470, 1643, 1673, 1763, 1899
RINGGOLD, CITY OF
HB 695
--Water works and sewerage system, extend _...___.____._____________________________1755, 1872, 2026, 2029, 2498
RIVERDALE, CITY OP
HB 463
--Employees' group insurance, secure _______________________________ 892, 955, 1034, 1039, 1611
RIVERS HR 103-133 --Seventeen Mile River; designate -_...... 208, 263, 289, 317, 642
ROBERTS, TED HR 83-121 --Compensate ____,,,,___ 162, 215, 499, 556, 1683, 1719, 2121, 2377
ROBINS, GERALD B. HR 181 --Commend ,,_._,,____,,___._____,,_,,,,.______ ..721
ROCKMART, CITY OP
HB 31
--Rockmart Development Authority; create ___.______________________._.____________._______._____75, 90, 131, 137, 273
ROLL CALL MACHINE RECORDER --Interim study committee report __.--____--__________----------2644
ROME, CITY OP
SB 173 SB 124
--Corporate limits, extend ._....._..__1767, 1773, 1875, 2026, 2039 --Employees' Retirement Fund, increase
contributions _.,,_____,,___.__,, 1192, 1196, 1304, 1306, 1410
ROSWELL, CITY OP
HB 64 HB 702
--Corporate limits, change .-__.----_--701, 705, 751, 1763, 1899 --Corporate limits, extend ....,,._--..___!756, 1873, 2026, 2030, 2498
2912
INDEX
ROWAN, SENATOR AND MRS. BOBBY
HR 244 --Congratulate .............._...._....._..._.....
169P
RURAL LANDS HR 257-696 --Taxation; create committee to study .____... ......1755, 1872
RUSSELL, SENATOR RICHARD B. HR 96 --Invite to address Joint Session ___. ......__.._____.________________198, 265
RYDER TRUCK RENTAL, INC. HR 90-123 --Compensate
.. 164, 216, 499, 557, 1683, 1722, 2122, 2377
s
SAFETY FIRE COMMISSIONER, GEORGIA HB 128 --Building Exits Code; rules and regulations--...._.--. ...207, 262
SALARIES, UNIFORM IN STATE GOVERNMENT --Interim committee report..................._.______..__._...._._._............_2574
SALESMEN HB 649
--Municipal taxation; remove exemptions, certain counties........-_. __.___...._.____._.. ....1459, 1607, 1614
SALES TAX
HB 434 --Certain farm machinery exempt -....-.._.. ._.-___.824, 898 HR 57-107 --Chapel of All Faiths, Milledgeville
State Hospital; suspend on equipment...---- ----- ---.....-157, 211, 700, 777, 1400 HB 133 --Compensation allowed for collection and remittance. ------.,,.------------208, 262, 1180, 1328, 1679 HB 544 --Exempt drugs which require a prescription and all funeral supplies-----------.---- .--.----1162, 1296 HB 336 --Exempt machinery used in new manufacturing plants --------------------. .-- -- 538, 638
INDEX
2913
HB 453 --Exempt medicine, drugs, including
artificial arms and legs___.------ ..._.__.__..___...__--.------ 890, 953
HB 295 --Exempt public and non-profit
hospitals .------ -----.---- 492, 542
HB 48 --Exported transportation equipment;
additional exemptions ...... ........ . 80, 93, 504, 587, 754
HR 56-107 --Holy Bible; suspend ------- ------ .---- 156, 211, 700, 775, 1399
HB 320 --Hospitals and volunteer fire departments;
sales exemptions ...... ... -- .._... .._. ..._ -... ...._....... 535, 636
HB 456 --Motor Fuel Tax Law; refund on gasoline
used for aircraft _.._._. ..______......._.___._......._. _.__.-- 891, 954
HB 441 --Motor Fuel Tax Law; refund to counties
and municipalities ___.____.. ---- -__ .._....... .,,____._
825, 899
HB 228 --No penalty to dealer for failure to file until
10 days following mailing of notice...----.._-. --. 375, 413
SANDERS, HONORABLE CARL
--Communication from --_.....__..__...___. .___--.----...-- --.-- 24, 128 --Address by _____ .-_.....-_--__ ....... _..____...._....--....__._..--..-..--_-----53
SANDERS, REV. MAX --Prayer offered by-...._..._...__--_.._._--_------.._._----..-- 2020
SAVANNAH, CITY OF
SB 58 --Board of Education; eligibility for reappointment------------------644, 648, 696, 835, 840, 1193
HB 183 --City Court, conform practices...------------ 301, 377, 382, 421 HB 521 --County and City Board of Tax Assessors,
create joint Board-----..1022, 1172, 1178, 1313, 2045, 2223 SB 70 --Municipal Court Judges and Associate
Judges, salaries-- ------------- .....701, 705, 751, 835, 840 HR 269 --Public Health Service Hospital; transfer to site
now occupied by Hunter Air Force Base-- ... - 1930, 2305 HR 117-149 --Savannah Port Authority; name changed
from "Savannah District Authority;" amendment to the Constitution- ...... 278, 300, 306, 382,
431, 963
SAVANNAH DISTRICT AUTHORITY
HR 117-149 --Change name to "Savannah Port
Authority"; amendment to the
Constitution
... _...._..._.. 278, 300, 306, 382, 431, 963
2914
INDEX
SAVANNAH PORT AUTHORITY
HR 117-149 --Name changed from "Savannah District Authority"; amendment to the Constitution.................................. 278, 300, 306, 382, 431, 963
SAYE, DR. ALBERT B. HR 191 --Commend ............ .........................._._...................... .......__.......770
SCHLEY COUNTY HB 522 --Sheriff's salary -........ ............... 1023, 1172, 1178, 1313, 1769
SCHOLARSHIPS
SB 7 SB 8 SR 64
--Georgia State Scholarship Commission; create---------------700, 704, 751, 962, 1103, 1134, 1194, 1939, 2119, 2363, 2381
--Georgia Higher Education Corporation; create ........700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
--Interim Scholarship Study Committee; create------- ........ ----.--------1469, 1645, 1675, 1879, 2142
SCHOOL BUSES
HB 625 HR 139
--Motor Fuel Tax Law; refunds--_._.................._..__.__-1385, 1461 --Service to day students above high school
level; create committee to study------------------------390
SCHOOL BUS TRANSPORTATION --Interim study committee report......--.................. --------2711
SCHOOLS
HR 139 --Bus service to day students above high school level; create committee to study------------.-----------390
HB 236 --Certificated professional personnel shall not be assigned to serve as classroom teachers------------------------_..._.405, 474
HR 66-117 --Classroom teachers, public and private schools; declared professional people------------160, 214
INDEX
2915
HE 238-657 --Costs incurred by State and local governments in operating public schools; create committee to study------. ......... -1603, 1671, 1678, 1836, 2251, 2278, 2297, 2344, 2360, 2419
HR 153 --Council of State Governments requested to create Interstate Commission to study standards . ------ ..------------------ ---- ...... .------.----483.
HB 360 --County Boards of Education; two or more members may be selected from same militia district.......................627, 641, 691, 994, 1679
HB 432 --Dependent students; additional exemptions on income tax ......_._.._......._._.__--..__..............____..._........ 823, 897
HB 355 --Driver Education Course included as part of curriculum of all public high schools; minimum requirements----------...----............. 626, 690, 901
HR 216 --Freeze salaries of certificated personnel for next biennium ,,......----........ .......... ..............--. ---1204
SB 162 --Georgia Education Improvement Council; provided for additional members .... .... 1613, 1645, 1674
SB 8 --Georgia Higher Education Assistance Corporation; create ........ --700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
HB 520 --Integrated; report number of students attending ................._......._._...._............ ..... .........1022, 1171
SR 64 --Interim Scholarship Study Committee; create...........................----....--.1469, 1645, 1675, 1879, 2142
SB 139 --Local school systems; audit and check books------------------1613, 1644, 1673, 1676, 2403
HB 498 --Minimum Foundation Program of Education Act; equalized adjusted school property tax digest; independent school systems.._----........ 952, 1030
HB 148 --Minimum Foundation Program of Education Education Act; determination of local units _----.-----....--------------.--.._.... .-----..-...278, 306
HB 585 --Minimum Foundation Program of Education Act; local financial ability; change provisions ......................_..-- ----. 1168, 1301
HR 231 --Minimum Foundation Program of Education Act; local financial ability; create committee to study best method of calculating--------.....----.----..--......1325
HB 206 --Minimum Foundation Program of Education Act; determination of local participation ----- ...-----------.----------371, 410, 901
HB 86 --Minimum Foundation Program of Education Act; minimum schedule of salaries.-....-----------------121, 168, 171, 226, 480
HB 47 --Superintendent's offices; clerical personnel, minimum standards and salaries .......... --------79, 93, 901
2916
INDEX
HR 212-569 --Tax levy for education; change millage
limitation; amendment to the
Constitution __________ ....... ............ ________ 1167, 1301
HB 659 --Teachers' Retirement System; addition of
two members to Board of Trustees _.... _____ 1603, 1671, 1676
HB 496 --Teachers' Retirement System; allowance
received upon service
retirement ..._____..____ 952, 1030, 1175, 1449, 2123, 2205
HB 88 --Teachers' Retirement System; Board
of Trustees' membership.._......__....... ... _. __122, 168, 901, 1114
SB 22 --Teachers' Retirement System; Board of
Trustees; provide for two additional
members _______________ 644, 648, 695, 698, 901, 1114, 1159, 1443
HB 261 --Teachers' Retirement System; contributions
and service credit _
469, 493, 499, 609, 2123, 2212
SB 184 --Teachers' Retirement System; define
earnable compensation ..... ...... 1685, 1774, 1875, 2172, 2347
HB 262 --Teachers' Retirement System; disability
allowance ____________ 470, 493, 499, 611, 1182
SB 15 --Teachers' salaries; change provisions
for establishing basis for minimum
schedule _____.....__..__.._..._.... ........... ............... 300, 305, 381
HR 205 --Teachers' Salary Study Committee; create_____________.__..........__ 978
HB 407 --Teachers' work days; ratify .... ... _________ .... 689, 750, 901
HR 152 --Teachers' work days; State Board of
Education requested to rescind order
requiring 200 working days ..._....._.......................
482
HR 140 --Twelve month school year; create
committee to study_____......................_....__......... 391, 2295, 2343
SCIENCE HB 501
--Georgia Basic Science Law; create _......._.._............. 1019, 1168
SCIENTIFIC DATA
SB 90
--Trade secrets; unlawful to steal or unlawfully obtain................... ....1681, 1686, 1760, 2294, 2405
SCIENTIFIC RESEARCH AND DEVELOPMENT Interim Committee Report ____________________________________ __.................2504
SEAL SR 32
--Great Seal of the State of Georgia; permit use of facsimile; home office,
INDEX
2917
North Carolina Mutual Life Insurance Company, Durham, N. C.---.1310, 1327, 1395, 2027, 2155
SECRETARY OP HEALTH, EDUCATION AND WELFARE
SR 49
--Social Security Act; requested to make changes in certain regulations ----------............ ..1401, 1401, 1464, 1879, 2141
SECRETARY OF STATE
HB 96 Carnivals, circuses, itinerant shows,
etc.; service of process
fee---..--...------ _---------------------- 124, 170, 172, 245, 832
HB 90 --Commissioner of Securities; service of
process fee.-.___..123, 169, 172, 234, 2494
HB 366 --Corporations annually report name and
address of each director and
officer............------------.__,.___628, 692, 697, 814, 2439, 2442
SB 87 --Designate employees as agents
for accepting service of
summons...-.--....----.-.-1191, 1194, 1302, 1614, 2265
HB 95 --Foreign banks; service of process
fee.......-----------............---- -124, 170, 172, 243, 2494
HB 91 --Foreign corporations; service of process
fee,-----------------------------123, 169, 172, 236, 832
HB 89 --Foreign trustees; service of process
fee.---.--.-....-.--------------......122, 169, 172, 232, 832
HB 94 --Non-resident motor earners; service
of process fee.-------------------- 124, 169, 172, 241, 1470
HB 93 --Non-resident motor common carriers;
service of process fee ......._._.......... 123, 169, 172, 239, 2494
HB 92 --Non-resident motorists; service of
process fee..-- .-------. .. ....... 123, 169, 172, 238, 832
HR 311-704 --Survey of Certain property; authorize
....... .2293
SECURITIES HB 90 HB 81
--Commissioner of; service of process
fee ........ .............. ......... 123, 169, 172, 234, 2494
--Georgia Insurance Code of 1960; minimum
capital investment required ..
........
119, 166
SELF, REV. WILLIAM L. --Prayer offered by ............
. .......... __.._.... .1381
2918
INDEX
SELLING TECHNIQUES HB 275 --Unethical; unlawful
472, 495, 503, 615, 1308
SENATE HB 71
SB 26 SR 37
--Special elections; exceptions relative
to vacancies occurring during
1965 ................. ___.._..___ _________102, 127, 130, 187, 188, 274
--State Senators; election on a District
basis............_.._..._...._..._....._...
1614, 1686, 1760
--State Senators; provide for four year terms;
amendment to the Constitution _________ 1685, 1774, 1876
SERVICE OP PROCESS
HB 96
HB 90
HB 95 HB 91
HB 89 HB 94
HB 92
HB 93
--Carnivals, circuses, itinerant shows,
etc.; change fee __________________ 124, 170, 172, 245, 832
--Commissioner of Securities; change
fee-____.__-_--___-__-_----....--.----123, 169, 172, 234, 2494
--Foreign banks; change fee ____________ 124, 170, 172, 243, 2494
--Foreign corporations; change
fee._ ____________________________________ _.......... 123, 169, 172, 236, 832
--Foreign trustees; change fee ............. 122, 169, 172, 232, 832
--Non-resident motor carriers, change
fee ______.__..______.__.._________--_._. 124, 169, 172, 241, 1470
--Non-resident motorists; change
fee......................__-_-.____-___---- -- _ 123, 169, 172, 238, 832
--Non-resident motor common carriers;
change fee __________
.. ... . 123, 169, 172, 239, 2494
SEVENTEEN MILE RIVER HR 103-133 --Designate
........... ... .... 208, 263, 289, 317, 642
SEX CRIMES AND OFFENDERS
HR 141
--Create Committee to study problems, laws and procedures ...... 392, 415, 961, 1203, 2178, 2210
SHARPE, T. MALONE SR 61 --Commend ....._.___.._.._...___......-.....-_....._..-.........._. ................756, 774
INDEX
2919
SHEDD, DONALD H., SR, HR 61-112 --Compensate ......---......_---....___....._..--.___..------_______168, 212
SHERIFFS HB 130 HB 325
HB 386 HB 418
--Bonds; increase designated amount----.--------..-------- 207, 262, 1035, 1274, 2180
--Deputies: ineligible to serve as grand or traverse juror during1 term of office--.__.----..__...__--._----___.___......,,.___ 536, 637, 1033, 1375
--Illegal possession of weapons; sheriff may confiscate and sell.._......__.___ 632, 695, 1177, 1371, 1397, 1859
--Insane persons; custody----.------- ....,..--------.746, 828, 1033
SHERIFFS' RETIREMENT FUND OF GEORGIA
HB 125 HB 640
--Amount and method of payments .._.__......--....---- .-_ 206, 261 --Credit for prior or past services for
certain persons ....... . --..... ._.----.. ... -.----...1388, 1463
SHERILL, REV. MARION --Prayer offered by ... . _. .....
...--......_...._._-- -370
SMITH, HONORABLE AND MRS. GEORGE L. SMITH II HR 130 --Wishing speedy recovery.--........-----.....--......._--..----.--.323
SMITH, HONORABLE GEORGE T. --Elected Speaker of House ... .. _ .
.. ----.. ...... 15
SMITH, MR. AND MRS. GEORGE T. HR 309 --Express appreciation
............ 2337
SMITH, REV. EDDIE L.
--Prayer offered by
.......
.
888
2920
INDEX
SMITHVILLE, CITY OP
HB 26
--Voter registration; time and manner .._...._._...._...._.... ......
70, 84, 131, 136, 273
SMYRNA, CITY OF
HB 448
--Number of wards, change ........ ...... .......
826, 900, 1178, 1197, 2147, 2191
SOCIAL SECURITY ACT
HB 225 SR 49
--Old-Age and Survivors Insurance; define officers of political subdivisions ..--. .... ......_........._.374, 413, 1396, 1868
--Secretary of Health, Education and Welfare; requested to make changes in certain regulations .................. ............ 1401, 1401, 1464, 1879, 2141
SOLICITORS-GENERAL
SB 109 --General Retirement Fund; provide ...... .___..__ ..1771, 1888, 2022 HR 127-212 --Superior Court; qualifications; amendment
to the Constitution ........ ............._...._..._... .............--.....372, 411
SOLICITORS' GENERAL RETIREMENT FUND OF GEORGIA
SB 110 SB 72
--Credit for service in the armed forces __.._......................_... 1685, 1687, 1760, 2173, 2269, 2297
--Time served as a judge may be counted in computing number of years of service 1401, 1402, 1464, 1465
SOUTHEAST RIVER BASINS
SR 71
--Resources Advisory Board; Old-Age & Survivors Insurance coverage to employees ................... ............. 1680, 1688, 1761, 2173, 2412
SOUTH GEORGIA JUDICIAL CIRCUIT
HB 50
--Official Court Reporter; supplement to compensation .................................._...__. 80, 94, 173, 230, 702
INDEX
2921
SOUTHWESTERN JUDICIAL CIRCUIT HB 141 --Solicitor General; compensation ....... 260, 286, 312, 456, 832
SPALDING COUNTY
HR 52-99 --Superior Court; certain law books furnished ___..........._............................. 154, 209, 959, 973, 2499
SPEED HB 357 HB 282
--Detection devices, used by counties and municipalities ------_..................... ................627, 691, 960
--Motor vehicles; change restrictions, certain highways __...,,.---------. .......473, 496, 699, 788, 1399
SPELL, HONORABLE J. H. HR 71 --Express sympathy for passing of ______._______________.._________________.143
STAMPS, TRADING
HB 626
--Tax; create on all persons selling, issuing or redeeming ------------------_--------______1385, 1461
STARLING, REV. RUDOLPH --Prayer offered by __--.-----.-.----------..------.------------153
STATE AGENCIES
HR 247
--Urged to economize and exercise extreme care in expenditure of State funds _------._.....---_ ............1692
STATE BOARD OF BARBER EXAMINERS HB 197 --Additional powers ....... ---304, 380, 1176, 1360, 2123, 2214
STATE BOARD OF EDUCATION
HR 216
--Freeze salaries of certified personnel for next biennium ...._......--.--._._--.._--..------.----------.------1204
2922
HB 520
HB 407 HB 407 HR 152
INDEX
--Integrated schools; report number of
students attending _..,,,,._,,_.__..._,,. ..... 1022, 1171
--Teachers' work days; ratify
..__..,, 689, 750, 901
--Ratify work days _._.__-..._..__.___._........._... _____,,__.,,_,,. ____689, 750, 901
--Teachers' work day; rescind order requiring
200 working days ._...........__._-.. ___._--___._____..___._.______--___...__482
STATE BOARD OF PARDONS AND PAROLES
SB 76
--Arrest and bail under certain circumstances of a conditional releasee ___.__--_______701, 705, 751, 1033, 2005
STATE BOARD OF WORKMEN'S COMPENSATION
HB 195
HB 165 HB 218
--Attorney's fees; subrogation rights against negligent third person _.__--....._____--,,_--,,_ 304, 379
--Settlements; change provisions .--------------.--------....281, 308 --Subrogation rights of employer against
negligent third person ..__,,.......__._--.-..__.___-.......__.__...,, 373, 412
STATE CEMETERY BOARD HB 523 --Create; designate perpetual care ____....___..___.___.1023, 1172, 1676
STATE CHOIR
SR 48
--North Fulton Special Choir; designated Official Choir of the State of Georgia _____________,,,,_. 1469, 1645, 1674
STATE COMMISSION ON AGING
HB 313
--Member from Field of Nursing Home Care added _...__..........__........-_.......__-_..-......-._........533, 635, 641, 722
STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICES
HB 34
--County employees; provide Health Insurance Plan -_.,,.....,,_..,,___.-.____.76, 90, 499, 613, 2479, 2480
STATE DEPARTMENTS
HR 247
--Urged to economize and exercise extreme care in expenditure of State funds -...--....._..__.----_... _._ __.... 1692
INDEX
2923
STATE ELECTION BOARD HR 148 --Mrs. Harry B. Williams, Jr.; elected as member _______.........452
STATE EMPLOYEES
HB 99 HB 343 HB 342
--Executive, Judicial and Legislative branches; conflict of interest --.____------------------_____----------.154, 209
--Honesty in Government Act; penalty to any person who offers a bribe ....----.------...539, 639, 904, 1012
--Long Term Disability Insurance Plan; State Personnel Board to establish ___________.__...._____.539, 639
STATE EMPLOYEES' RETIREMENT SYSTEM
HB 43 HB 647 HB 495 HB 285 HB 600 SB 218
HB 697 HB 257
--Certain members may re-establish credits for prior service _--------__--------.78, 92, 544, 659, 1469, 1483
--Certain tax assessors to become members _.......----_ 1458, 1607 --Creditable service for certain employees ___.._..________. 952, 1029 --Former employees; change
provisions --------------_.----.474, 496, 524, 696, 983, 1680 --Georgia Cooperative Services for the Blind, Inc.;
credit for previous service _._.....1293, 1392, 1396, 1741, 2496 --Remove provisions providing creditable
service for certain members ________.2046, 2148, 2170, 2173, 2349, 2418
--Remove provisions providing creditable service for certain members ..........._1755, 1872, 2025, 2116
--State Highway Department; certain employees shall be eligible ------___------____409, 478, 500, 568
STATE GAME AND FISH COMMISSION
HB 684 HB 62
HB 384 HB 700 HB 375
--Director's compensation and expenses ___.___..__..._.1669, 1760 --Disabled veterans; honorary fishing
licenses --.__--------_____------______.------__100, 125, 381, 458, 754 --Fishing and hunting licenses; increase
non-resident fee _.._--632, 695, 1032, 1427, 1439, 1476, 1648 --Honorary fishing licenses for totally disabled
veterans ------_------__---------.1756, 1873, 1877, 2053, 2497 --Rough fish; use of baskets prohibited --.___....----_----_630, 693
STATE HIGHWAY BOARD
HB 569 HB 149
--Expenditure of funds _.._------_______.------------_------1167, 1300 --Procedures relating to expenditures of funds --.,,--_--278, 306
2924
INDEX
STATE HIGHWAY DEPARTMENT
HB 698 HB 413 HB 252 HB 291 HB 257 HB 542
--Additional compensation for all hours in excess of 40 hours per week ___________________________ ________1756, 1873
--Airports; county and municipal contracts for construction and maintenance _....745, 827, 1032, 1282, 2495
--Appropriate vegetation sowed along right of ways to prevent soil erosion ------.408, 477, 752, 981, 2044
--Federal funds for construction; relocation payments to eligible persons .___------__------_ 491, 541
--State Employees' Retirement System; certain employees shall be eligible _-________.__--409, 478, 500, 568
--Use of convict labor ___------...._...___.__.._------.____.1161, 1296, 1396
STATE HOUSE OFFICIALS HB 583 --Create emeritus offices .__............ 1168, 1177, 1301, 1420, 2438
STATE INSTITUTIONS
HB 245
--Cost of care assessed against assessable income of patient .________._------__.._.__.__----_.~.._--406, 453, 476
STATE OFFICIALS
HB 660 HB 99 HB 140
--County officers; Salary increases; effective date _._..._._-~_____--------__--__.---------......___1603, 1671
--Executive, Judicial and Legislative branches, State government; conflict of interest ...___--------154, 209
--Salary of certain officials _------._..--------.----.260, 286
STATE PENAL AND REHABILITATION AUTHORITY ACT
HB 106
--Maximum bond limitation of ten million dollars --.___--------._..._------.156, 211, 904, 1118, 2452, 2463
STATE PERSONNEL BOARD
HB 342
--Long Term Disability Insurance Plan; establish for State employees _,,....__-..----_.----..----........_------ 539, 639
STATE PORTS FACILITIES --Interim study committee report - _--.-.-.._.--------...------.2660
INDEX
2925
STATE PROPERTIES ACQUISITION COMMISSION HB 107 --Create ._____________ 156, 211, 503, 664, 699, 807, 2045, 2393
STATE PROPERTIES CONTROL CODE
HB 272
--Lease instrument shall receive 3 separate readings in each House ___----471, 494, 962, 1127, 2472, 2483
STATE PROPERTY
HR 28-43 --Dade County; conveyance of permanent easements ........_.____-.----_----._.------79, 93, 264, 296, 1476
STATE REAL PROPERTIES CONTROL COMMISSION
HB 290 HR 165
--Election of one member from each House to be elected biennially ....-____------...491, 541, 699, 809, 2494
--Election of Thomas B. Murphy as member --...._._.__--514
STATE REVENUE DEPARTMENT
HB 340
--Alcoholic beverages; equipment or raw materials in illegal manufacture; misdemeanor to possess --.538, 639
STATE REWARDS BOARD HB 202 --Create ___,,____._.-----....-----_.....305, 380
STATE SENATORIAL DISTRICTS SB 26 --Election of Senators on a District basis .----1614, 1686, 1760
STATE SCHOLARSHIP COMMISSION, GEORGIA
SB 7 --Create .......-..700, 704, 751, 962, 1103, 1134, 1194, 1939, 2119, 2363, 2381
STATE SENATORS
SR 37
--Provide for four year terms; amendment to the Constitution _.-._...---__.__.............1685, 1774, 1876
2926
INDEX
STATE SONG
HR 208-551 --"Georgia Is The State For Me"; adopt as new official State song _._..__._. .____...._._.__......._....__..._1163,1297, 1396
HR 162 --Mr. Johnny Mercer requested to compose ._...._..._....___. 513, 643 SR 24 --Joint Session to hear proposed State Songs ________________ 264, 267 HR 119 --Joint Session to hear proposed State Songs _.--........--. 290, 313
STATESVILLE, TOWN OF
HB 603 HB 602
--Corporate limits, change __________ 1293, 1393, 1466, 1621, 2176 --Reincorporated to City of
Statenville _.._.__.----~-.-~_..-1293, 1393, 1466, 1625, 2175
STATEWIDE PLUMBING AND ELECTRICAL CODE
HR 173
--Create committee to study advisability of establishing __..,,.,,__-,,-,,---.---_-- _,,--.,,- 563, 1678, 1934
STATEWIDE PROBATION ACT
HB 102
--Judicial Circuits; officer in charge ________.___155, 210, 1035, 1344, 1782, 2494
STEIS, HONORABLE WILLIAM B. HR 300 --Congratulate ................,,_--_--...--_-_-.._.._...--....................._.. 2332
STEPHENS COUNTY HB 260 --Sheriff's deputy, additional deputy _.____409, 478, 502, 512, 831
STEPHENSON, MRS. J. J., JR. HR 172 --Commend _.........._.......___._._-__.._...........................TM........B63
STERILIZATION
HB 254
--Doctors of Medicine authorized to perform operation on certain persons...._........_......408, 477, 641, 1646
INDEX
2927
STEWART COUNTY
HB 416 HB 415
--Sheriff's salary ..______........_._......_.........__745, 828, 904, 908, 2495 --Superior Court Clerk's salary ________..._._745, 828, 903, 908, 2300
STEWART, JET HR 95-123 --Compensate -.-.___-_......-..._._....._..._...._.._...._...__...._____....165, 217
ST. MARY'S, CITY OF
HB 385 HB 405
--City council, method of filling vacancies -_________--_____-------,,-._--.632, 695, 753, 763, 2303
--Voting machines, authorize use ...........689, 750, 835, 838, 1190
STOCKS HB 151 SB 113 SB 100 HB 153 HB 250 HB 616 SB 125
--Bank service corporations; purchase of capital stock ........____........_______.279, 306, 543, 656, 1181, 2219
--Capital; Banks; additional stock offered first to stockholders _....__...._._...-...1191, 1195, 1303, 1465, 2064
--Capital; Banks; par value of each share ...........________.....____._..1191, 1195, 1302, 1465, 2057, 2298
--Capital stocks of banks; changes reported promptly ___......____._......___.___.____279, 307, 543, 661, 1181, 2221
--Corporations; separate statements made available to stockholders ________..______......-._.____________________________407, 477
--Corporations; tax on transfer ............___.__........1383, 1460, 1877 --Domestic stock insurers; manner in which
dividends paid to stockholders -1685, 1687, 1761, 1877, 2245
STONE MOUNTAIN JUDICIAL CIRCUIT
HB 582 SB 157 HB 396
HB 678 HB 395
--Increase number of judges ....,,...,,..___.._ 1168, 1301, 1396, 1654 --Judges; increase to four _._______._._1614, 1687, 1761, 1762, 2055 --Judge, Superior Court; salary supplemented
by DeKalb County ....____._______....687, 748, 834, 969, 2439, 2446 --Official Court Reporter's salary __________..________________..._1668, 1759 --Solicitor-General's salary .____________.687, 748, 1177, 1319, 2495
STONE MOUNTAIN MEMORIAL ASSOCIATION
HB 230 HB 247
--Change membership ..-.____._.......__-______-.-...._-.-..-....-______._..376, 414 --Interim study committee report - __----_____--.--.--___._____..2613 --Limit power to borrow money for certain
purposes .._..._.__-.-..--._..-..-._____.-......._._.._..._-__.____.407, 476, 697
2928
INDEX
STOKEY, REV. WILLIAM E. --Prayer offered by _..,,,,....... ... __..._.._......_...__. ..............._.. 1017
STREAMS HB 469
--Navigable; redefine relating to fishing rights .......... 893, 956
STREETS HB 289
HB 173 HB 648 HB 6
--Closing for construction; barriers placed at either end of closed petition ,,..._......_._. 491, 541, 696, 782, 821, 940, 1096, 1270, 2044
--Municipalities and counties; system of appraisal of costs for improvements ._..__...._....._...._. 283, 310
--Municipal grants; accounting of expenditure of funds for improvements ..._.__..._._.._.._._._._...___ 1458, 1607, 1614
--Municipalities; grants for construction and maintenance ___.....64, 80, 130, 184, 190, 218, 1679, 1703, 1880
STRICKLAND, HONORABLE ERNEST W. HR 312 --Expressing appreciation to _,,----.-.--........................... .._.._..... 2338
STUDENT LOANS
SB 8 --Georgia Higher Education Assistance Corporation; create ..700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
SUIT, MRS. MACK HR 32-58 --Compensate ............99, 125, 1175, 1200, 1682, 1709, 2120, 2377
SUMMERVILLE, CITY OP
HB 426 HB 427
--Close certain streets _.___-._-____,-.._.___-__.__822, 896, 961, 966, 1884 --Proposed ordinances, giving notice ....823, 897, 961, 965, 1884
SUMMONS HB 120
SB 87
--Garnishment; default judgments for failure to answer summons .....__-----______.___..... ........161, 215
--Secretary of State; designate employees as agents for accepting service of summons .....................__...._.,._._...._1191, 1194, 1302, 1614, 2265
INDEX
2929
SUMTER COUNTY
HR 110-139 --Conveyance of a tract of state-owned
property . ..-
..
259, 286, 503, 571, 1470
HB 587 --Sheriff's salary ____________ _ 1289, 1391, 1397, 1480, 1885
HB 139 --Superior Court; terms.--..._. --.--._-_- 259, 285, 479, 480, 1183
SUPERINTENDENT OP BANKS SB 56 --Salary .________--___.....____546, 547, 641, 960, 2271, 2358, 2384, 2418
SUPERIOR COURTS
HB 166
--Pretrial and trial procedures in civil cases; modernize ......_._____.----_,,......... ....... 282, 309, 312, 488, 586
SUPERIOR COURT CLERKS
HB 131 HB 284
HB 223 HB 169
HB 224
--Bonds; increase amount _------........207, 262, 1035, 1276, 2180 --Jury Clerks; change population requirements in
order to apply to certain counties ._____--...473, 496, 699, 780 --Place upon an annual salary ........... .,,_____.._..................... 374, 413 --Redefine fees for record of
transmission _._......------..282, 309, 312, 590, 739, 1468, 2424 --Storage of materials; increase distance from
courthouse .___._.___..------374, 413, 503, 574, 2250, 2419
SUPERIOR COURT JUDGES
HB 144 --Emeritus; appointment of totally disabled ----,,_____._--.260, 286, 504, 619, 623, 624, 735, 1399
HB 294 --Emeritus; change certain salaries --------------------492, 541 HB 584 --Emeritus; may serve in any judicial circuit
upon request _----__--------.__--_------1289, 1391, 1615, 1737 SB 109 --General Retirement Fund; provide ._..--------_1771, 1888, 2022 HR 127-212 --Judges, Solicitors-General; qualifications;
amendment to the Constitution ----_____------_----------.372, 411 HR 127-212 --Qualifications; amendment to the Constitution _____ .......372, 411 HB 568 --Salaries increased according to per capita
State income ...--...1167, 1177, 1300, 1660, 2418, 2421, 2435, 2457, 2482, 2487, 2488, 2493
HB 396 --Stone Mountain Judicial Circuit; salary supplemented by DeKalb County ... 687, 748, 834, 969, 2439, 2446
2930
INDEX
SUPREME COURT
HB 704 --Additional distribution of laws, journals and reports -_-... 1870, 2021
SB 160 --Costs in cases; change amount _._ 1613, 1645, 1674, 1762, 2230 HR 127-212 --Justices; qualifications; amendment to the
Constitution ------------------------------------ --. 372, 411
SURPLUS LINE BROKERS HB 65 --Licenses; increase bond required ....101, 126, 1032, 1731, 2494
SURVEYOR HB 472
--County; qualifications ..-..........---..-......893, 956, 1677, 1823
SURVEYOR, COUNTY HR 131-218 --Abolish office; amendment to the Constitution --373, 412, 905
SWAINSBORO, CITY OF
HR 176-398 --Lease agreement on certain property between Georgia State Agency for Surplus Property and the State Board of Education __687, 749, 962, 1113, 2306
SWEET, STEVE HR 10-2 --Compensate ----_.._..._--------__47, 70, 1675, 1776, 2304, 2378
SWINDLING HB 275
--Unethical selling techniques; unlawful --___.--------.__.--------472, 495, 503, 615, 1308
SWINE HB 480
--Breeding stock; license to sell ...----.------.--_.--........__895, 957
SYLVESTER, CITY OF HB 138 --City Council; election ----------__....----.259, 285, 289, 318, 703
INDEX
2931
SYLVESTER CITY COURT HB 235 --Judge's and Solicitor's salary ...,________....404, 474, 502, 507, 833
T
TAPT-HARTLEY ACT
HR 126
--Request Congress to continue in full force .._...._.___.....___.__......._.....__....__ 321, 1396, 2339, 2499
TAGS HB 485
HB 210 HB 216 HB 2 HB 512
HB 53 HB 233 HB 259 HB 339 HB 539
--Identification tags for any person who suffers from temporary black outs, etc. _______...__._. 949, 1028, 1176, 1724, 2146, 2226
--Motor vehicles; ad valorem tax .._.._...._..._ 371, 410, 453, 1180 --Motor vehicles; ham radio operators ......_._.373, 411, 502, 580 --Motor vehicles; issued by county tax collectors or
tax commissioners _-....-.__..--.__... 24, 48, 71, 112, 265 --Motor vehicles; issuance to
veterans ..........................Km, 1170, 1305, 1859, 1946, 2496 --Motor vehicles; payment of annual tax
semi-annually ____________.,,___.__________.__.___......__-88, 103, 525, 1399 --Motor vehicles; proof of payment of
ad valorem tax _____._.....___....________._._......._.___.376, 414, 452, 698 --Motor vehicles; special to Georgia Civil Defense ......409, 478 --Motor vehicles; tax commissioners shall be agent
for accepting applications _--........--..___--.__..._538, 639, 743 --Private trucks hauling livestock; maximum fee ....1161, 1296
TALBOT COUNTY HB 10 --Sheriff's salary ____._.._.__.._..._.__.___.__...__..__._66, 81, 131, 134, 272
TALLAPOOSA, CITY OF
HB 596 HB 686
--Additional tax levied for school purposes ..________..._ 1290, 1392 --Tax for school purposes, levy -....1753, 1871, 2026, 2027, 2497
TALMADGE, SENATOR HERMAN E. HR 97 --Invite to address Joint Session .........__..........___....199, 265, 293
2932
INDEX
TARLETON, WILLIAM M. HR 51-99 --Compensate ..-__-__._.......154, 209, 1675, 1777, 1779, 2438, 2444
TATE, HONORABLE ALFRED W. HR 196 --Commend _____....-...-___....._......_.__.__....._._._._._..__............._...846, 1471
TAXATION
SR 40 --Ad valorem personal property tax; certain exemptions; amendment to the Constitution _..._...__...___________..._____...._._.._..__.___1767, 1774, 1876
HR 272 --Ad valorem property tax; create committee to study __ ___1937 HR 204-521 --Ad valorem tax; exempt farm and agricultural
implements; amendment to the Constitution ,.....1022, 1172 HB 210 --Ad valorem tax; motor vehicle license
plates ____-_.__--_.,,_______.__......371, 410, 453, 1180 HB 233 --Ad valorem tax; proof of payment when applying
for motor vehicle license plates ....._...,376, 414, 452, 698 HB 491 --Corporations; assessment and collection in
unincorporated county areas ....--.____951, 1029, 1097, 1307 HB 616 --Corporations; transfer of stock and other
corporate certificates ....._--___-_,,_____--...1383, 1460, 1877 HB 168 --Counties; remove limitations if authorized
for specific purposes ....___.._._._--______,_.---_.._ 282, 309 HB 349 --County Board of Tax Assessors; increase
minimum salary ___,,___._.________________540, 640, 1307, 1422 HB 593 --County tax evaluation and equalization program;
complete on or before July 1, 1968 __.______....._.1290, 1392 HR 264 --Create committee to study entire field of
State and local tax _...._._.._._..._._._.........._._..-_....1925 HB 537 --Excise tax; change on certain cigarettes
and cigars ......_.___,,___________________--__,,------______1160, 1295 HB 422 --Excise tax on oleomargarine;
repeal Act _...._._............._...___....___...746, 829, 1035, 1363, 2495 HB 98 --Federal income taxes deducted from gross income --124, 170 HB 701 --Homestead exemption; include home owned by
applicant but located on property not owned by applicant _________________,,_________________________.___1756, 1873 HB 105 --Income tax; additional first year depreciation allowance for small business ._____156, 210, 700, 795, 2044 HB 103 --Income tax; apportionment and allocation _._155, 210, 1399 HB 576 --Income tax; cutting of timber as a sale or exchange of property ___..............__.-.._._.1167, 1301, 1396 HB 432 --Income tax; dependent students, additional exemptions ______________________________,,_.______....823, 897 HR 58-107 --Income tax; disallowance, methods of depreciation; suspend ._--_---~~__-~157, 211, 700, 792, 2499
INDEX
2933
HB 104 --Income tax; extend time tax assessed or refunds claimed .__--------------155, 210, 700, 1365, 2494
HB 134 --Income tax; $600 personal exemption for each son, daughter or ward from net income ------------.------------208, 263, 1035, 1214, 1685
SB 156 --Inheritance tax; reciprocity with other states, intangible personal property ------------------1681, 1687, 1761, 1869, 1878, 2252
HB 561 --Income tax; taxable periods for corporations --------.-------------- 1165, 1299, 1398, 1739, 2496
HB 560 --Insurance companies writing fire insurance on dwellings; increase tax --------------..1027, 1174, 1398, 1866
HB 574 --Limitation on cities' right ----------------------------1288, 1390 HB 628 --Malt beverages; alternate method of
reporting and paying tax __--------------1386, 1462, 1615 HB 404 --Motor Fuel Tax Act; accounting by counties of
expenditure of funds __._.----____________________...688, 750, 1032 HB 456 --Motor Fuel Tax Law; gasoline used for
aircraft; sales tax refund ...--..----------.__--....----891, 954 HB 625 --Motor Fuel Tax Law; refunds on school
bus transportation _______________________________________________1385, 1461 HB 441 --Motor Fuel Tax Law; sales tax refund to
counties and municipalities --____.__----_____----.-.-.....825, 899 HB 53 --Motor vehicle license plates; payment of annual
tax semi-annually --------------------------88, 103, 525, 1399 HB 45 --Motor Vehicle Tax Law; refund on gasoline used
by certain water craft ..........__------79, 93, 700, 813, 2493 HB 649 --Municipal; salesmen and merchants; remove
exemptions, certain counties .........._....._.--.1459, 1607, 1614 HB 526 --Property; redefine production as applied
to laying hens ......_..._.______._________1023, 1172, 1615, 1956, 2303 HR 257-696 --Rural lands; create committee to study __..._.._........1755, 1872 HR 57-107 --Sales tax; Chapel of All Faiths, Milledgeville
State Hospital; suspend on equipment ___._______........_._.____.____.._.....157, 211, 700, 777, 1400 HB 434 --Sales tax; certain farm machinery exempt ____________.___824, 898 HB 133 --Sales Tax; compensation allowed dealer for collection and remittance _________.208, 262, 1180, 1328, 1679 HB 544 --Sales tax; exempt drugs which require a prescription and all funeral supplies ........--.....--1162, 1296 HB 336 --Sales tax; exempt machinery used in new manufacturing plants _______---__________________________.----..,, 538, 638 HB 453 --Sales tax; exempt medicine, drugs, including artificial arms and legs __.__..............__..._.__.___.-...-...---890, 953
HB 295 --Sales tax; exempt public and non-profit hospitals --.492, 542
HB 48
--Sales tax; exported transportation equipment; additional exemptions ___....--_..__....__...__.80, 93, 504, 587, 754
HR 56-107 --Sales tax; Holy Bible; suspend ......._..156, 211, 700, 775, 1399
HB 228
--Sales tax; no penalty to dealer for failure to file until 10 days following mailing of notice __......_... 375, 413
2934
INDEX
HB 320 --Sales tax; sales to hospitals and volunteer fire departments; exempt __--._----_--_..--___------.535, 636
HB 555 --Tax assessments, arbitration; time limit within which a dissatisfied taxpayer may give notice .................._........._...__..._____......_.____...._______.1164, 1298, 1398
SB 61 --Tax digest; Tax Receivers to list colored taxpayers separately _.____............._........_._..___1684, 1772, 1874
HB 452 --Tax executions; manner and time of enforcement ..._................___.....________890, 953, 1033, 1747, 2179
HR 240-665 --Tax laws; create committee to study feasibility of revising __.__.1606, 1672, 1764, 2003, 2304, 2388
HR 212-569 --Tax levy for education; change millage limitation; amendment to the Constitution _________________________._1167, 1301
HB 226 --Tax-receivers and collectors; commissions based on certain percentage ___.....375, 413, 503, 937, 988, 1035, 1346, 2251, 2286
HR 305 --Tax structure, State and local; create committee to study ........._____.________.__...._.._....._......__.____.____..........__.....2335
HB 626 --Trading Stamps; create on all persons selling, issuing or redeeming __.________________..________._________________1385, 1461
TAX ASSESSORS
HB 349 HB 647
--County Board; increase minimum salary _______.___._...._.._...._._______..____............640, 640, 1307, 1422
--State Employees' Retirement System; certain assessors to become members .........__..__-___--.._....--1458, 1607
TAX COLLECTORS
HB 226
HB 552 HB 518 HB 652 HB 2
--Commissions based on certain
percentage ____375, 413, 503, 937, 988, 1035, 1346, 2251, 2286
--Compensation allowed, issuance of motor
vehicle license plates ....._.____.._........._____..1163 f 1298, 1747
--Compensation in certain
counties ___._________._..........__..._____._1022, 1171, 1177, 1310, 2300
--License plates; sale ....___.___._._..........______..__._............__._1601, 1669
--Motor vehicle license plates;
issuance
...__.._,,_____.,, 24, 48, 71, 112, 265
TAX COMMISSIONERS
HB 552
HB 652 HB 339
--Compensation allowed, issuance of motor
vehicle license plates __..._......_._..____.........._.1163, 1298, 1747
--License plates; sale
..._....__......-__._..._-..-....1601, 1669
--Motor vehicle license plates, agent for
accepting applications ,,_.._____________...._...._.-- ...538, 639, 743
HB 2
INDEX
2935
--Motor vehicle license plates; issuance __------------_--------___------..24, 48, 71, 112, 265
TAX RECEIVERS
HB 226 SB 61
--Commissions based on certain percentage -375, 413, 503, 937, 988, 1035, 1346, 2251, 2286
--Tax digest; list colored taxpayers separately .........._.__._..........-1684, 1772, 1874
TAXICABS HB 491
--License and tax in unincorporated county areas _.._.._._......__._._ 951, 1029, 1097, 1307
TAYLOR COUNTY HB 651 --Sheriff's salary --_____------_--1469, 1607, 1677, 1688, 2177
TEACHERS
HB 236 --Certificated professional personnel shall not be assigned to serve as classroom teachers ----_--------_------405, 474
HR 66-117 --Classroom teachers, public and private schools; declared professional people _____ .----__------_------.160, 214
HR 216 --Freeze salaries of certificated personnel for next biennium _--------_----____------__------_----.------1204
HB 86 --Minimum Foundation Program of Education Act; minimum schedule of salaries ______..121, 168, 171, 226, 480
HB 496 --Retirement System; allowance received upon service retirement ----------------.962, 1030, 1175, 1449, 2123, 2205
HB 659 --Retirement System; addition of two members of Board of Trustees ____-----------------------1603, 1671, 1676
SB 22 --Retirement System; Board of Trustees; provide for two additional members __________._____644, 648, 695, 698, 901, 1114, 1159, 1443
HB 261 --Retirement System; contributions and service credit-------------..--------.469, 493, 499, 609, 2123, 2212
HB 262 --Retirement System; disability allowance __----_----__----____..------....470, 493, 499, 611, 1182
HB 407 --Ratify work days ----_------__.._......_.___...__-___.____.689, 750, 901 SB 184 --Retirement System; define earnable
compensation _------------.----..1685, 1774, 1875, 2172, 2347 SB 15 --Salaries; change provisions for establishing
basis for minimum schedule ------__----_----300, 305, 381 HR 205 --Salaries; create committee to study ___----.__..........._.._._...... 978
2936 HR 152
INDEX
--Work day; State Board of Education requested to rescind order requiring 200 working days ... ......... 482
TEACHERS' RETIREMENT SYSTEM HB 88 --Board of Trustees' membership ..................122, 168, 901, 1114
TELEPHONE LADIES HR 246 --Express appreciation ........____._......__......................_..___.___._._.._..1692
TELEPHONE OR TELEGRAPH
HB 589 HM 534
--Device to conceal existence of place of origin or destination; prohibit use ______-__.___._._____________1289, 1391, 1614, 1821, 2175
--Unlawful to avoid or attempt to avoid charges by fraudulent device ..__.-__.___......___.1026, 1174, 1177, 1819, 2174
TELFAIR COUNTY
HB 8 --Consolidate offices of tax collector and tax
receiver into the office of tax
commissioner ....___._............_.._._.__._......65, 81, 131, 134, 272
HR 11-8 --Convey certain tract of state-owned
property ___..__._.-..._..___.___..______._.... .65, 81, 132, 196, 1470
HR 106-135 --Conveyance of certain state-owned
property .___...___._._......_..__....___._.___258, 285, 503, 576, 1470
HB 7 --Sheriff's salary ..........
................... 65, 81, 131, 133, 272
TERRELL COUNTY
HR 213-569 --Board of Education members, School Superintendent; election; amendment to the Constitution __._-..... .........___._._.1287, 1389, 1397, 1628, 2499
HR 15-21 --Conveyance of certain real estate ______--_._68, 83, 264, 294, 546 HB 634 --Sheriff's salary ......................_____....1387, 1462, 1467, 1615, 2176
THOMAS COUNTY
HB 483
--Fire protection districts, create ....._......_.__.______.____.._.....896, 958, 1033, 1034, 1044, 1476
INDEX
2937
THOMASTON, CITY OF
HB 481
HB 482 HB 117
--Ad valorem tax levy and
collection .......
895, 958, 1034, 1041, 1611
--Ad valorem tax, limit
. 896, 958, 1034, 1041, 1612
--Extend corporate limits .._...___._.___._.. 160, 214, 289, 314, 1183
THOMASVILLE, CITY OF
HB 249
--Levy and collection of tax upon salaries of employees' ....._-__-_-_--_--_._..-_....--407, 477, 501, 510, 834
THRASH, HON. ELMORE --Elected Messenger of House
........................22
TIFT COUNTY
HB 502
HB 503
HB 573 HB 572 HB 557
HB 570 HB 571 SR 75
--Board of Commissioners; Chairman's salary _______.________.._..________.___.__.._...1019, 1169, 1178, 1310, 1885
--Board of Commissioners of Roads and Revenues, term of office ........._..__......_..__._1019, 1169, 1178, 1311, 1885
--Ordinary's salary ____....____.__.._.__...._1287, 1390, 1397, 1479, 1885 --Sheriff's salary __._.._....._...............1287, 1389, 1397, 1479, 1885 --Small Claims Court, clarify
provisions _____.____,,_...__.. ....1164, 1298, 1306, 1405, 1770 --Superior Court Clerk's salary ......1287, 1389, 1397, 1478, 1885 --Tax Commissioner's salary ..........1287, 1389, 1397, 1478, 1885 --Tift County Development Authority; levy
tax for creating a fund; amendment to the Constitution ..................__..___._...1171, 1889, 2022, 2173, 2183
TIMBER
HR 234-648 --Ad valorem property tax; classify certain lands; amendment to the Constitution __..._,,__,,--.____.._...._.1458, 1607
HB 576 --Cutting of as a sale or exchange of property for income tax purposes _._......__._._._._......_....._.._...1167, 1301, 1396
TIRES HB 615
--Motor vehicles; date of manufacture and serial number stamped in raised letters ...... 1383, 1459, 1678
2938 TITLE ACT
HB 508
HB 641 HB 618
INDEX
--Motor vehicles; delivery when being held by first security interest or lienholder _...__.__.____.____.______._______.1020, 1169, 1306, 1424, 2302
--Motor Vehicles; wrecked or scrapped; disposition of certificate -.....-__.___-.-_.-_-.--------_--1388, 1464
--Motor vehicles; wrecked or scrapped; cancellation of Certificate of Title ,,_,,___--...1383, 1460, 1615, 1729, 2180
TITLES HB 421
--Quiet; claimant may bring in rem action ____________-...--__.-........_-__.._-...-...746, 829, 905, 1831
TOBACCO
HB 537 HB 16
--Cigars and cigarettes; changes in excise tax ___..--_1160, 1295 --Manufacturer's serial or code numbers; unlawful to
remove or obliterate .____....__.....-.._....-_.._67, 82, 171, 228, 479
TORTS HB 559
--Libel suits for damages; origination ____1027, 1174, 1398, 2017
TRADE SECRETS
SB 90
--Unlawful to steal or unlawfully obtain .._............ ...._._.____....___._..____1681, 1686, 1760, 2294, 2405
TRADING STAMPS
HB 626
--Tax; create on all persons selling, issuing or redeeming ,,...,,.....________,,_____----.----1385, 1461
TRAFFIC AND TRAFFIC CONTROL
SB 129
--Vehicle proceeding in line of traffic shall yield right-of-way to vehicle immediately ahead ___.____._.._._.___.__.____________.___-.-..........__..__-___-1309, 1327, 1395
TRAFFIC AND TRAFFIC LAWS
HB 6
--Municipalities; grants for equipment and personnel for control of traffic ................64, 80, 130, 184, 190, 218, 1679, 1703, 1880
INDEX
2939
TRAFFIC SAFETY HR 206 --Create committee to study ... 978, 1030, 1307, 1320, 2432, 2436
TRAILERS HB 84
--Boat; exempt brake requirements, 2000 Ibs. or less --------120, 167, 502, 603, 1679, 1701, 1765
TRIALS HB 381 HB 556 HB 167 HB 142 HB 283
HR 22 HB 423 HB 170 SB 153 HB 166
--All evidence germane to severity of
sentence shall be admissible ._------------._.---- - 631, 694
--Appellate Practice Act of 1965;
amend ------------------. 1164, 1298, 1398, 1489, 2146, 2165
--Appellate Practice Act of 1965; modernize procedures,
civil and criminal cases ________.._.282, 309, 312, 489, 582, 754
--Bail for criminal offenses shall continue
during trial -.----------........,.__.--------..------.260, 286, 545
--Civil actions, wrongful death or permanent
impairment; jury may use any rate in
reducing verdict ,,_----------------------473, 496, 641, 1114
--Civil and Criminal Procedure; create
committee to study __--------._____._--__.--__-..------71, 104, 149
--Judges' discretion to refuse bail pending
appeal of last conviction ___..----------------....747, 829, 1396
--Judges; procedure if presiding in circuit
other than his own
_.------_..... 282, 309, 312, 591
--Jury duty; persons entitled to exemptions
from all jury duty .--------------.--------2044, 2148, 2170
--Procedures in civil cases;
modernize ----.----_.....----------,----....282, 309, 312, 488, 586
TRUCKS (See Motor Vehicles, Tags)
HB 539
--License plates; maximum fee for private trucks hauling livestock _------_------__--------..____ 1161, 1296
TRUST COMPANIES
SB 55
--Capital notes and debentures; authorized to issue ------.------------...--..1309, 1327, 1395, 1465, 2247
TRUSTEES HB 373
--Charitable, educational or religious; method for discharging _.----.,,_------.__.----------. 630, 693
2940 HB 89
INDEX --Foreign; service of process fee ...._._ ....122, 169, 172, 232, 832
TRUST FUNDS
HB 467
--Real estate loans; uninvested funds by financial institutions ____________.____827, 900, 960, 1142, 1686
TUCKER, REV. HAROLD --Prayer offered by _.,,...._,,_.,,.,,____.__.....__________,,_______,,_____________. 490
TURGEON, ROY W. HR 219 --Commend
.-----.--.-------.-.__._._.-.-- -.--.----______________1206
TURNER COUNTY HB 19 --Sheriff's salary _...____............_.._.._._._......__.67, 82, 131, 135, 272
TURPIN, VICTOR H. HR 217 Express sympathy for passing of ........,,.--...........----.._..--..1205
u
UNADILLA, CITY OF
HB 137
HB 212 HB 33
--Convey certain property to E. Guy Conner ._._____.._.______.__.____.259, 285, 289, 317, 703
--Corporate limits, alter ....____........372, 411, 1762, 1891, 2300 --Levying and collection of ad valorem
tax on property ___.____......._____............_.....76, 90, 131, 138, 273
UNDERGROUND GAS STORAGE ACT
HB 274
--Natural or manufactured gas: eminent domain ..........472, 495, 544, 932, 1765, 1944
UNETHICAL SELLING TECHNIQUES HB 275 --Unlawful
_ .....472, 495, 503, 615, 1308
INDEX
2941
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS
HB 535 HB 84 HB 282 HB 227 HB 129 HB 113 HB 115 SB 54 HR 39 HB 30 HB 11 HB 278
HR 614
HB 246 SB 129
HB 478
--All vehicles used for police purposes must be distinctly marked ....__._..._._..1026, 1174, 1179, 1356, 2179
--Boat trailers; exempt brake requirements, 2000 Ibs. or less ............120, 167, 502, 603, 1679, 1701, 1765
--Change speed restrictions, certain highways ................__......................473, 496, 699, 788, 1399
--Criminal offense to drive under influence of alcohol or narcotics; blood test ................... .....375, 413, 1034, 1857
--Hitchhiking; prohibit ..._.._.__..._......_..._._.._....207, 262, 697, 1356 --Inspection of Motor Vehicles Act; shall
apply to 1963 or later models .........-.-__...._.-..._......_.-159, 213 --Inspection of Motor Vehicles Act; repeal ............159, 213, 642 --Inspection of Motor Vehicles Act; inspection prior
to sale to general public ...._........._...._.............. 644, 648, 696 --Inspection of Motor Vehicles Act; create
committee to study ..._..____.__....___...._.._._.__.__......_..106, 173, 255 --Inspection of Motor Vehicles Act; change provisions ....75, 90 --Inspection of Motor Vehicles Act;
change provisions -.....------.---.-----..----..--.-...66, 81, 642 --Inspection of Motor Vehicles Act; change certain
requirements ....... 472, 495, 699, 849, 872, 1608, 1940, 2203, 2016, 2150, 2168
--Inspection of Motor Vehicles Act; seller must warrant that vehicle ready for inspection .-.__....._._......_.....__._.___..____..._.....___.._. 1383, 1459, 1678
--Parking brakes on motor vehicles; adequate to hold on any grade ....__..__.._._._._.._.__.._...._......_.._._.407, 476
--Vehicle proceeding in line of traffic shall yield right-of-way to vehicle immediately ahead ._....___...._..........1309, 1327, 1395
--Wanton disregard of safety of persons or property, misdemeanor .._._._.._........_.._... .895, 957, 1177, 1373
UNINSURED MOTORISTS
SB 57 HB 191
--Insurance Code of 1960; venue of action ......1681, 1686, 1760 --Rights of insurer in establishing
recovery of losses ------.-.---.-.-_.._---.--..--.........302, 378, 502
UNION CITY HB 299 --Elections, certain changes ........493, 542, 698, 706, 2452, 2470
UNION COUNTY HB 182 --Treasurer's salary .......................__..........301, 377, 382, 420, 643
2942
INDEX
UNITED STATES CONSTITUTION
HR 135 --Apportionment of United States Congress; expressing support of proposed amendment --_--_------_---- --383
SR 14 --Constitutional Convention; Congress urged to call to propose amendment relative to apportionment _------.__,,. 415, 416, 478, 1177, 1972, 2119
HR 128-212 --Constitutional Convention; Congress urged to call to propose amendment relative to apportionment .------.-------------- 372, 411, 500, 605, 1680
HR 47-87 --Constitutional Convention; Congress urged to call to propose amendment relative to apportionment ------.,,------__----------_ 122, 168, 173, 224
HR 9-2 --Constitutional Convention; Congress urged to call to propose amendment relative to apportionment .,,.__._--_..._----------...----------47, 70, 130, 179
UNIVERSITY SYSTEM OF GEORGIA
SR 28 HR 111 SR 6 HR 252
--Admissions, policies, etc.; interim study committee report _.,,--_------_.__----_--._----------_----------2610
--Alumni Society; commend .__------..----...___------381, 389
--Alumni Society; commend ----------------------------253, 271 --Athletic Department officials; commend -------------.84, 85 --Dormitories; administration of rules and
regulations; create committee to study ------------_-1698
UPSON COUNTY HB 595 --Sheriff's salary ------------------1290, 1392, 1466, 1620, 2175
V
VACCINE HB 524
Georgia Biological Permit Act; establish --------------------1023, 1172, 1176, 1952, 2303
VALDOSTA, CITY OF HB 461 --Corporate limits, change --------891, 955, 1034, 1038, 1611
VAUGHAN, LOYT HR 64-112 --Compensate _.--_______.___------___------159, 213
INDEX
2943
VERNONBURG, TOWN OP
HB 691
--Additional commissioner, provide _._________.___......_._...__._._.... 1754, 1872, 2026, 2029, 2498
VETERANS HB 700
HB 62
HR 154 HB 512
--Disabled; honorary fishing licenses ........._._.___.___.___.___..........-1756, 1873, 1877, 2053, 2497
--Disabled; honorary fishing licenses _______......._..._________.._____.....______.___ 100, 125, 381, 458, 754
--Graves; deploring acts of vandalism __.-_____. .484, 547 --Issuance of motor vehicle license
plates ___.._____..__._. -.------1021, 1170, 1305, 1859, 1946, 2496
VETERANS ADMINISTRATION DOMICILIARY
HR 104
HR 99 SR 50
--Create Committee to study closing at Thomasville, Georgia .__.-......--._.--.-- - -203
--Relative to closing at Thomasville, Georgia ------......200, 270 --Relative to closing at Thomasville, Georgia ----_._----702, 770
VETERINARIANS
SB 6 --Practice of medicine; revise laws regulating ----.--._.----755, 756, 829, 901, 1147, 1309
VINES, REV. JERRY --Prayer offered by --........ ............. _.........--......1285
VITAL RECORDS
SB 171 HB 551
--Adoption certificates; preparation ....__----_____,,,,_..___--1685, 1687, 1761, 1762, 2112
--Adoption; forwarding of certificate for a person born outside State; remove provisions ------__...._,,.--__._--._.--.1163, 1297, 1396, 1735
VOLUNTEER FIRE DEPARTMENTS HB 320 --Sales tax; sales exemptions -__.-..._......_.__......__~_.__._~535, 636
2944
INDEX
VOTING
SB 13 --Absentee ballots; procedure _____.. 264, 266, 287, 699, 925, 1309
HB 319 --Assistance to electors in voting
compartment or booth .___----.------
535, 636
SB 12 --Assistant Managers and poll officers shall assist
in reading names and other information
on ballot ------____-.----_------_------..264, 265, 287, 312, 454
HR 186-439 --Freeholders only may vote in bond elections;
amendment to the Constitution _.._._..----_ __...__ 825, 899, 903
HB 248 --Georgia Election Code; time required to file
notice of candidacy in a general
election .------------------.____----._____407, 476, 697, 786, 1470
HB 580 --House of Representatives; election of members
in 1965 ....... 1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433,
2472
HB 350 --Incumbent Justice of Peace may serve as
poll officer ____._..----___------_------.540, 640, 1179, 1423, 1841
SB 93 --November election; change certain
provisions .........................1612, 1643, 1672, 1762, 1961, 2118
SB 75 --Presidential Electors, where printed on ballot; use of
vote recorder ....................1612, 1643, 1672, 1878, 2234, 2306
HB 473 --Separate voting facilities for disabled
electors ----.___...----__------.._--__--.._____..._____.__._.894, 956, 1677
SB 26 --State Senators; election on a District basis .. .1614, 1686, 1760
HR 133-230 --Write-in candidates; require notice of
candidacy; amendment to the
Constitution .....__......._.............376, 414, 544, 666, 2250, 2284
w
WAITS, MRS. HILDRED HR 294 --Expressing appreciation to .........................._....._......2327
WALKER COUNTY
HB 692 HB 656 HB 671
--City Court Solicitor, provide..!754,1872, 2026, 2031, 2429, 2429 --Coroner's salary ._....---------1602, 1670, 1677, 1775, 2301 --Sheriff's salary _._------_...----.___.___.1666, 1757, 1763, 1894, 2303
WALKER, REV. ALASTAIR C. --Prayer offered by ...........----..----------..-----------2292
INDEX
2945
WALTON COUNTY
HB 541
--Board of Commissioners of Roads and Revenues, members' salaries .......... 1161, 1296, 1306, 1403, 1770
WARDS SB 135
--Guardianship; termination when restored to mental health _........_.._...............1684, 1772, 1874, 1878, 2263
WARE COUNTY
HB 505
--Employment personnel, provisions __.____-_..... ........1019, 1169, 1178, 1311, 1883, 2190
WARNER ROBINS, CITY OF HB 643 --City Court, create
.... 1388, 1464, 1466, 1626, 1883, 2051
WARRANTIES
HB 359 HB 80
--Explanation by seller of personal property ________._.___627, 691
--Personal property; certain implied warranties if
sold as new property ...............
119, 166, 502, 600
WARRANTS HB 374
--Minors; method of service.-..----.......630, 693, 903, 1008, 2179
WARRENTON, TOWN OF HB 300 --Tax returns, change date .._......__...... 529, 633, 697, 716, 1185
WARSAW CONVENTION HR 200 --Urge Congress to renunciate .__..._..... . ........ 849, 961, 975, 1471
WASHINGTON COUNTY
HB 529
HB 530 HB 528
--Board of Commissioners of Roads and Revenues, centralized purchasing ............1024, 1173, 1178, 1314, 1769
--Clerk Superior Court, salary .._...1024, 1173, 1178, 1314, 1769 --Sheriff's salary _._.._._.______._._._____.._.1024, 1173, 1178, 1313, 1769
2946
WATER SB 108
INDEX
--Landowners encouraged to make land and water areas available to public .. __.. 1612, 1643, 1673, 1678, 2133
WATER CRAFT
HB 45
--Motor Vehicle Tax Law; refunds on gasoline ... ....._._._._._._._ .__.___._,,_. .....79, 93, 700, 813, 2493
WATER QUALITY CONTROL ACT, GEORGIA
HB 190
--Water pollution control projects; grants allowed without Federal aid if need is shown .....................302, 378
WATER RESOURCES RESEARCH
HB 497
--Designate Georgia Institute of Technology as State Agency for establishment and operation ._..____.............._____..,,.,,. 952, 1030, 1308, 1454, 2180
WATSON, CHARLES HR 60-112 --Compensate ....____............_._._._.._-.._,,......._...............,,.....__...158, 212
WAYCROSS, CITY OF HB 389 --City Manager's salary ..._.__..._......_._...__632, 695, 752, 764, 1189
WBML TV STATION HR 203 --Commend
.......................................................................974
WEAPONS HB 386
--Illegal possession; may be confiscated and sold by County Sheriff ___..._.___.__632, 695, 1177, 1371, 1397, 1859
WEBB, MASTER DONALD HR 38 --Express sympathy for passing of ._....._._--. 105, 132
INDEX
2947
WEBSTER COUNTY HB 119 --Sheriff's salary .........................._.-........161, 214, 289, 315, 1472
WEIGHERS, COMMERCIAL
HB 677
--Corn or small grain; licensed by Department of Agriculture ......_.............._..___......................... _._-1667, 1758
WELFARE, PUBLIC --Interim committee report ......-- . ...-- ..-......._._.._..... ........2577
WELFARE HB 344
--Public Assistance Act of 1965; Department of Family and Children Services to establish categories of assistance payments .___,, .._.__________..539, 640, 962, 1123, 2174
WELLS HB 558
--Abandoned; provide for covering, filling or otherwise making safe 1165, 1177, 1299, 1419, 2479, 2485
WHEELER COUNTY
HR 11-8 --Convey certain tract of state-owned property .__._.........._.......__.............._....___.65, 81, 132, 196, 1470
HB 17 --Sheriff's salary ..........................._...__.....__.. 67, 82, 131, 135, 272
WHIDDON, REV. L. R. --Prayer offer by _.._. ..........._..____.___-._..__..........__..___.._...__.._.........299
WHITE COUNTY
SR 96 HB 243
--Establishment of old courthouse as a historical monument or State Park; create committee to study ___._....-.................2147, 2150, 2171, 2294, 2410, 2500
--Sheriff's salary .._.___..___..._..__................406, 475, 501, 509, 1768
WHITE, REV. HUBERT A. --Prayer offered by _,,,,_,,___,,,,__,,,,-.,,,,.. 87
2948
INDEX
WILHOIT, LYN HR 242 --Congratulate ...._._.__..______.......____.....______________.._.____..____.___._..__.___._1689
WILKES COUNTY
HB 301 HB 101
--Board of Commissioners, Chairman shall be Road Superintendent and County Warden __..__________________..._..__.________..__._529, 633, 698, 707, 1185
--Clerical assistant to tax commissioner; compensation ............ ....154, 209, 289, 313, 702
WILKINSON COUNTY
HB 607 HB 606
--Ordinary's salary ..............._...._.....1294, 1394, 1467, 1622, 1886 --Sheriff's salary .........._.....___ 1294, 1393, 1467, 1622, 1886, 2300
WILLACOOCHEE, TOWN OF
HB 388
--Mayor and Members of the Board of Aldermen; election .......................... 632, 695, 752, 763, 1189
WILLIAMS, GENERAL JOHN K., Ill HR 282 --Commend ..._.........._.___......_................_....................._...... ........___._2317
WILLIAMS, MRS. HARRY B., JR. HR 148 --Elected as member of the State Election Board
... 452
WINDER, CITY OF
HR 192-454 --Easement of sewer lines through Fort Yargo State Park ______..______._._...___..__________890, 954, 962, 1097, 1471
WMAZ-TV & MR. HOWARD ABSALOM HR 146 --Commend .._.._...._...-_...._.___.___......._..._.______.._...... ___._..._.__ 388
WOODLAND, CITY OF HB 635 --Close certain street .................. ....1387, 1463, 1467, 1616, 2176
INDEX
2949
WOODRUFF, HONORABLE THOMAS E.
HR 297 HR 304
--Deploring murder of __...-__.___..__..__.__......__ .___._._...__.._____.__..__..2329 --Express sympathy for passing of ..... ................ _________ ....2334
WORKMEN'S COMPENSATION ACT
HB 195
HB 165 HB 218
--Attorney's fees; subrogation rights against negligent third person ._............_.__..___.._............... 304, 379
--Settlements; change provisions ................... .............. 281, 308 --Subrogation rights of employer against
negligent third person ....._.............._.._.__..........._..... 373, 412
WORLEY, HOWARD HR 62-112 --Compensate
.... ........ .......... ...... ......... .......158, 212
WORTH COUNTY
HB 234 HB 454
--Board of Commissioners; salaries ........404, 474, 502, 507, 833 --Small Claims Court; qualification
of Judge .......................................890, 954, 1033, 1036, 1610
WRIGHTSVILLE, CITY OF HB 579 --City Court; Judge's salary _____ 1288, 1390, 1397, 1480, 2175
WRITE-IN CANDIDATES HR 133-230 --Require notice of candidacy; amendment to the Constitution ____________ 376, 414, 544, 666, 2250, 2284
WYNN, C. DOSTON HR 29-47--Compensate ______ ..... 79, 93, 1175, 1199, 1681, 1709, 2120, 2377
YOUNG, HONORABLE JAMES E. HR 308 --Expressing appreciation to ...-..__..__...___..._.__..._....__...._.__.___ 2336
2950 YOUTH
SB 163
INDEX
--Children and Youth Act; licenses, rules and regulations ...__..._.._.__.._.......2146, 2150, 2171, 2294
INDEX
2951
Part II
NUMERICAL TABULATION
HOUSE BILLS
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
--General Appropriations Act;
supplement __._______......._____________....__.___.23, 48, 49, 107, 110, 250, 251
--Motor vehicle license plates; issued by county tax
collectors or tax commissioners-_-...._..-.--_.24, 48, 71, 112, 265
--Quitman County; Board of Commissioners; election
from county at large _,,....___._._.__. ___.____.____.._. 48, 70, 131, 132, 271
--Georgetown, Town of; mayor and councilmen;
terms of office ...
..._....._......_48, 70, 131, 133, 272
--Home Rule for Municipalities;
delegate powers .....................^.......64, 80, 132, 312, 456, 500, 595
--Municipal grants; street maintenance;
traffic control ....__.. ..64, 80, 130, 184, 190, 218, 1679, 1703, 1880
--Telfair County; Sheriff's salary .._....._-__._65, 81, 131, 133, 272
--Telfair County; consolidate offices of tax collector and
receiver into office of tax commissioner _....65, 81, 131, 134, 272
--Camden County, Tax Receiver's salary ..^...65, 81, 131, 134, 2147
--Talbot County; Sheriff's salary ___________.__.____.66, 81, 131, 134, 272
--Inspection of Motor Vehicles Act; change provisions __-66, 81, 642
--Apportionment; House of Representatives _........_......_.._.___._._.66, 81
--Lottery tickets; unlawful to
possess ............_._._-......-...____-.._........66, 82, 503, 578, 580, 625, 737
--Criminal cases; computation of sentence;
indigent defendant .,,.._.....__..... 66, 82, 312, 460, 702
--Foreign-trade Zones; corporations;
rights in ports of entry ._.,,..,,,,_ ....................6T, 82, 132, 182, 754
--Tobacco; manufacturer's serial or code numbers;
unlawful to remove or obliterate ................61, 82, 171, 228, 479
--Wheeler County; Sheriff's salary .....,, . _ 67, 82, 131, 135, 272
--Judicial Circuits; establish law libraries,
certain counties .__..____...............______-.__.....___67, 82, 131, 135, 272
--Turner County; Sheriff's salary ....,,..,,_...__.... 67, 82, 131, 135, 272
--Berrien County; Sheriff's salary _.__,,__________ ..68, 83, 131, 136, 272
--Jackson, City of; mayor and councilmen,
increase salaries _______.__.._._____._._....._._..........__68, 83, 131, 136, 1471
--Divorce; permanent alimony, certain cases _._.69, 83, 312, 465, 1608
--Marriage license; proof of pregnancy of underage female _._ 69, 83
--Marriage license; proof of pregnancy, change provisions __. 69, 84
--General Appropriations Act;
provide for _._..............69, 84, 288, 324, 345, 395 ,1031, 1048, 1072,
1096, 1193, 1220
2952
HB 26 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
INDEX
--Smithville, City of; voter registration,
time and manner ___.._...______________..____.._ ______70, 84, 131, 136, 273
--McDuffie County; Coroner's salary ______ _____74, 89, 131, 137, 702
--Brunswick, City of; voting machines and
vote recorders ...._.._______ ________.___75, 90, 131, 137, 831, 844
--Law Enforcement officers; authorize Governor
to offer reward for slayers _.._..___________... . _ __75, 90, 1035, 1367
--Inspection of Motor Vehicles Act; change provisions _ 75, 90
--Rockmart, City of; Rockmart Development
Authority; create ....____....___._._..__....___......_.._....75, 90, 131, 137, 273
--Pearson, City of; election of mayor and
city council ....__._._.._..._..............._. .......... 76, 90, 131, 138, 832
--Unadilla, City of; ad valorem tax on
property ____________.__.._____.._..,,____,,___________ 76, 90, 131, 138, 273
--Family and Children Services; county employees;
Health Insurance Plan ______ _____ 76, 90, 499, 613, 2479, 2480
--Lamar County; Sheriff's salary _____________ 76, 91, 131, 138, 1182
--Irwin County; Superior Court,
change terms __,,___......._______ __________ 76, 91, 104, 150, 273
--LaGrange, City of; competitive bidding,
city officials ........... _____________............................ 76, 91, 131, 139, 273
--LaGrange, City of; tax increase,
1965 and 1966 ______............._ _.___...___.._..._.....77, 91, 131, 139, 273
--LaGrange, City of; group insurance
for employees _....._...._,,. 77, 91, 131, 139, 273
--Clayton County; adopt traffic ordinances
and regulations ______.........__...._.._..._....__._ .....77, 91, 131, 140, 273
--Coroners; change compensation,
certain counties ....._......__.._....._..._........... .77, 91, 312, 424, 702
--Deeds, real property; certified copy
admissible in evidence _ _ .....____
77, 92, 479, 520, 1182
--State Employees' Retirement System;
credits for prior service ...............____78, 92, 544, 659, 1469, 1483
--Child abuse; certain persons required to
report ___._._79, 93, 905, 1003, 1400, 1415, 1468, 1642, 2012, 2046
--Taxation; gasoline used by certain
water craft; refunds ............................. --__79, 93, 700, 813, 2493
--Montezuma, City of; extend and define
city limits ____________ ___.__._.___...._____.__-....- ...79, 93, 131, 140, 274
--School superintendent's offices; clerical personnel 79, 93, 901
--Sales tax; exported transportation equipment;
exemptions __________________ .............. 80, 93, 504, 587, 754
--Habersham County; Sheriff's salary .... 80, 94, 131, 140, 274
--South Georgia Judicial Circuit; Official Court Reporter; salary ________________________ 80, 94, 173, 230, 702
--Marriage license; 3-day waiting period, certain exemptions __..___._______.___._......._.____._._..__._. ______ 88, 102
--Motor vehicles; larceny, punishment _____ .............88, 102, 545, 664
--Motor vehicle license plates; payment of annual
tax semi-annually
-.
88, 103, 525, 1399
HB 54 HB 55 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
INDEX
2953
--Heard County; Sheriff's salary ------------___88, 103, 173, 174, 300 --Peace Officers' Annuity and Benefit Fund;
define "police officer" ________............_......_____..__. ........._______...._88, 103 --Macon Judicial Circuit; Solicitor-General; compensation
paid by Peach County ...._.....--_....___ ....88, 103, 501, 504, 831 --Mineral Leasing Commission; increase
membership ___.....89, 103, 503, 804, 1684, 1950, 2002, 2062, 2153, 2168
--Real Estate or insurance salesman; commission not deemed employment ----------89, 103, 641, 733, 744, 1014
--Rabun County; Tax Commissioner's secretary; compensation .----------------------------.99, 125, 173, 219, 644
--Aid to Dependent Children Act; define dependent child" .__.....------_.._..-.......---_....------..__.----......99, 125, 1879
--Rabun County; Ordinary; compensation for secretarial assistance __.._______.____._..__________.100, 125, 173, 219, 644
--Disabled veterans; honorary fishing licenses ----.....----------..-......-__------.100, 125, 381, 458, 754
--Insurance; annual report by insurers ...........100, 126, 171, 247, 266, 402, 416, 521, 1180, 1411
--Insurance licenses; relative to State line non-residents .........._.._..__..........101, 126, 129, 177, 2178, 2394
--Surplus line brokers; increase bond required ............_------------....------ 101, 126, 1032, 1731, 2494
--Insurance; payment of commissions by insurer ------------__------------_......__.101, 126, 129, 193, 2178
--Georgia Insurance Code of 1960; technical clarifications __._.....----------------------101, 126, 129, 194, 2180
--Pierce County; Chairman of Board of Commissioners; compensation _____________ 101, 126, 173, 220, 498
--Pierce County; Sheriff's salary .-------- 102, 127, 173, 220, 498 --Dougherty County; 1097th Militia District; vacancies,
Judge of Superior Court ._...___......... 102, 127, 172, 174, 270, 274 --General Assembly; special elections; vacancies
occurring during 1965.....--.--------.102, 127, 130, 187, 188, 274
--Douglas County; Coroner's salary----------118, 165, 217, 223, 498
--Commercial Feeding Stuffs; amount of inspection fee.. .......----------..- 118, 165, 504, 729, 1400, 1639
--Heard County; Board of Commissioners; compensation------- .------------118, 165, 217, 222, 498
--Chattooga County; Tax Collector's salary______.___..118, 165, 217, 222
--Chattooga County; Sheriff's compensation, City Court ex-officio sheriff._..._...__.___.....__._._.__.......__. 118, 165, 217, 222
--Chattooga County; City Court, repeal Act establishing--._-..._...........--_---...----------119, 166, 217, 221
--Chattooga County; Clerk of Superior Court's compensation, relating to.------------..--...----._ 119, 166, 217, 221
--Chattooga County; Office of Tax Commissioner; create....-......................--.-.-.-.....-.------.- -119, 166, 217, 221
2954 HB 80 HB 81 HB 82 HB 83 HB 84 HB 85
HB 86 HB 87 IIB 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
INDEX
--Personal property; implied warranties if sold as new ______.___________--..-______._---------_.______- 119, 166, 502, 600
--Georgia Insurance Code of 1960; securities; minimum capital investment-.... .......__._.._......._..__..__..,,......_ 119, 166
--Dublin, City of; Dublin-Laurens School System; create..__._..............._...__.____.....___..__..................._._.. 120, 166, 217, 220, 416
--Insurance; right to require proof of loss .........__________----120, 166 --Boat trailers; exempt brake requirements,
2000 Ibs. or less...... ------........ 120, 167, 502, 603, 1679, 1701, 1765 --Inventory and Public Sale of Property; private
sale of County property, certain counties........... _______________ ___.....__..__._ 121, 167, 218, 223, 1768 --Minimum Foundation Program of Education Act; minimum schedule of salaries..._____.___.___.... 121, 168, 171, 226, 480 --Augusta Judicial Circuit; provide for Chief Assistant Solicitor General--------122, 168, 479, 516, 831, 845 --Teachers' Retirement System; Board of Trustees' membership.__.....______.....__.___........._... 122, 168, 901, 1114 --Foreign trustees; service of process fee _--_____._..________.--_ ____________..-_._______-.... 122, 169, 172, 232, 832 --Commissioner of Securities; service of process fee........._____________________ .____________..._123, 169, 172, 234, 2494 --Foreign corporations; service of process fee....-.....-...-.....-.......--........--..-.--..... 123, 169, 172, 236, 832 --Non-resident motorists; service of process fee--............... ----........ ._.._. .......... .----... 123, 169, 172, 238, 832 --Non-resident motor common carriers; service of process fee....------.. ----------...---_ 123, 169, 172, 239, 2494 --Non-resident motor carriers; service of process fee..--------.----...---.---.--..------ .... 124,169, 172, 241, 1470 --Foreign banks; service of process fee..----.. -------- --.-- ----...------_. .....124, 170, 172, 243, 2494 --Carnivals, circuses, itinerant shows; service of process fee ---------- .. ... ...... 124, 170, 172, 245, 832 --Peach County; Sheriff's salary _____ .... _ _ 124, 170, 218, 223, 498 --Federal income tax; deducted from gross income _______ 124, 170 --Ethical Standards Commission; create ... _ . . ................. __.154, 209 --Grady County; Superior Court, provide for terms __________ ... .......... 154, 173, 209, 266, 546
--Wilkes County; Clerical Assistant to Tax Commissioner; compensation ............ 154, 209, 289, 313, 702
--Judicial Circuits; officer in charge _____________ _ ___.._____ 155, 210, 1035, 1344, 1782, 2494
--Income tax; corporations; apportionment and allocation of income __.._____ __________
155, 210, 1399
--Income tax; extend time tax assessed or refunds claimed .............-.--... .... 155, 210, 700, 1365, 2494
--Income tax; small businesses; additional first year depreciation allowance .... . ... . 156, 210, 700, 795, 2044
HB 106
HB 107 HB 108 HB 109 HB 110 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
INDEX
2955
--State Penal and Rehabilitation Authority Act; maximum bond limitation ... _.. _._.... _ 156, 211, 904, 1118, 2452,
2463 --State Properties Acquisition Commission;
create __________ 156, 211, 503, 664, 699, 807, 2045, 2393
--Alma, City of; mayor and council, election ______________________________________ 157, 211, 289, 319, 1765, 2062
--Chattahoochee County; Sheriff's
salary__________________ _____________________________________ 157, 212, 289, 313, 1182
--Louisville, City of; Board of Tax Assessors,
arbitration of assessments _____________________ 157, 212, 289, 313, 833
--Hall County; County Board of Education, election
of Chairman _________________________________ 158, 212, 289, 314, 1183
--Board of Dental Examiners; suspension
of licenses _____________________________________________ 158, 212, 902, 1446
--Inspection of Motor Vehicles Act; shall apply to 1963 or later models ___.._....___......._. __________________ 159, 213
--Ashburn, City of; mayor and council, compensation _____ ___________ _____________ 159, 213, 289, 314, 702
--Inspection of Motor Vehicles Act; repeal __......_____ ___ 159, 213, 642
--Northeastern Judicial Circuit; provide for
terms __.,,_......__._..._._......________.__________________ 160, 213, 479, 525, 832
--Thomaston, City of; extend corporate
limits
__.._.--_-.--
160, 214, 289, 314, 1183
--Burke County; Ordinary's salary______________ 161, 214, 289, 315, 833
--Webster County; Sheriff's salary........... 161, 214, 289, 315, 1472 --Garnishment; default judgments _______________________________ 161, 215
--Cornelia, Town of; division of
wards _______________________________________________ 162, 215, 289, 315, 1609
--Elbert County; Clerk of Superior Court, Ordinary; compensation __..._____...___.___. 163, 216, 289, 316, 645
--Elbert County; Chairman of Board of Commissioners; duties ..___._ _____________________ ________ .....163, 216, 284
--Peace Officers' Annuity and Benefit Fund; refunds to members __________________________ 206, 261, 697, 1000, 2178
--Sheriffs' Retirement Fund of Georgia; amount
and method of payments _-...-...-.-.__...-_________.____--___-_ 206, 261
--Douglas, City of; close portions of certain streets ___________________-__-__-..---------____-__ 206, 261, 289, 316, 645
--Rabun County; Clerk of Superior Court, secretarial assistant; salary___.___.________________-__ _________... 206, 262, 289, 316, 645
--Georgia Safety Fire Commissioner; Building Exits Code; regulations _____..........___._.______________...... 207, 262
--Hitchhiking; prohibit ..._..______________________...__ 207, 262, 967, 1356
--Sheriffs' bonds; increase designated
amount ............. .. -- -.. 207, 262, 1035, 1274, 2180
--Superior Court Clerks; increase amount
of bond-.-.-__.-
._-..--. -- . 207, 262, 1035, 1276, 2180
--Ordinaries; increase amount of
bond
.-.._..__ 207, 262, 1035, 1278, 2298
2956
HB 133
HB 134
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 HB 158
HB 159 HB 160 HB 161
INDEX
--Sales tax; compensation allowed for collection
and remittance --..__..._.. 208, 262, 1180, 1328, 1679
--Income tax; $600 personal exemption for minors
from net income ________________________ 208, 263, 1035, 1214, 1685
--Milan, City of; election code ______________ 258, 284, 289, 317, 703
--Apportionment; House of Representatives .........._______._.._..258, 285
--Unadilla, City of; convey certain property to E.
Guy Conner ______ .... ................................ 259, 285, 289, 317, 703
--Sylvester, City of; City Council,
election ________________ _. ________.__..._ 259, 285, 289, 318, 703
--Sumter County; Superior Court terms _____ 259, 285, 479, 480, 1183
--State officials; fix salary of certain officials ............... _ 260, 286
--Southwestern Judicial Circuit; Solicitor General
compensation __.__.._..__.____._________......_ 260, 286, 312, 456, 832
--Bail for criminal offenses shall continue during
trial.--_____________-------_---_-_.-.-. ______________--.__..260, 286, 545
--Cherokee County; establish law
library- _._..._.....-._________________.______._......_._ 260, 286, 479, 480, 1183
--Judges, Superior Court, Emeritus; appointment
of totally disabled ____________ 260, 286, 504, 619, 623, 624, 735, 1399
--Oconee County; Sheriff's salary...____.__________ 261, 286, 289, 318, 642
--Banks County; Board of Commissioners; salary
of certain members ___________ _.__._._._ 261, 287, 289, 319, 1768
--Cairo, City of; off-street parking areas,
authority.......
.... 261, 287, 289, 318, 703
--Minimum Foundation Program of Education; funds
allocated to local units _________________________________________ _.....__.278, 306
--State Highway Board; expenditure of funds ..... __._............278, 306
--Banks; corporation charters; revise
laws - ..
278, 306, 543, 654, 1181, 2217
--Bank service corporations; purchase of capital
stock _.........__.______________________ 279, 306, 543, 656, 1181, 2219
--Banks; real estate held as investment; prohibit
loans on ___._..._.......__..__.-__.___..__..__.___________ 279, 306, 543, 657, 1182
--Banks; capital stock; changes reported
promptly---..---......................... 279, 307, 543, 661, 1181, 2221
--Banks; unlawful for purchaser of property to make
false statements in writing _____.. . 279, 307, 544, 663, 959
--Banks; unlawful for purchaser of personal property to
make false statements in writing _______ 280, 307, 544, 663, 959
--Colbert, City of; create new
charter ________-_-.-._......_..-......__ 280, 307, 382, 417, 703
--Madison County; Sheriff's salary _________
280, 307, 924
--Madison County; Board of Commissioners;
create __.___.._...__.-.-....-._.._.-...-.____....__..-_________...-.--.._ 280, 307, 925
--Madison County; Change certain officials'
salaries ___,,______._ _________________________________ _____________ 280, 308, 925
--Hart County; Sheriff's salary ___....______ 280, 308, 382, 417, 643, 842
--Hart County; custody of County
property............---.. ______________________ 281, 308, 382, 417, 643
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
HB 181
HB 182 HB 183
HB 184
HB 185
HB 186
HB 187 HB 188
HB 189
HB 190 HB 191
INDEX
2957
--Hart County; Coroner's salary.......-------- 281, 308, 382, 418, 643 --Post Mortem Examination Act; autopsies,
when performed-------------.---...-.--. 281, 308, 902, 979, 1155 --Peach County; abolish office of
Treasurer------..-------------------.281, 308, 382, 418, 1183 --Workmen's Compensation Act; settlements--------------...281, 308 --Pretrial and trial procedures in civil cases;
modernize.-.------- ----------------........ 282, 309, 312, 488, 586 --Appellate Practice Act of 1965---------. 282, 309, 312, 489, 582, 754 --County tax; remove limitations if authorized for
specific purpose--------------------------------------_282, 309 --Superior Court Clerks; redefine fees for record
of transmission.--------------282, 309, 312, 590, 739, 1468, 2424 --Judges; procedure if presiding in circuit other than
his own...-----.-.-.-----------------------.282, 309, 312, 591 --Dawson, City of; Mayor and Council's
compensation.----.._.----------.----------------283, 309, 382, 424 --Dawson, City of; sale of certain
property---------------_----------------283, 310, 382, 428, 1472 --Counties, municipalities; street improvements----------.283, 310 --Peace Officers' Annuity and Benefit Fund; prior
credit for certain officers.........---------------- ....283, 310, 545 --Putnani County; Board of Commissioners,
salary....----------.-..-.___.----.--------283, 310, 382, 418, 703 --Putnani County; Coroner's salary--------..284, 310, 382, 419, 703 --Fort Valley, City of; council posts for
Utilities Commission----.----------------284, 310, 382, 419,1183 --Baker County; Sheriff's salary------..----.284, 310, 382, 419, 2148 --Carroll County; Sheriff's salary.........----...300, 376, 382, 420, 643 --Carroll County; Commissioner's and County
Attorney's salary--------------------------300, 377, 382, 430, 643 --Douglas County; change certain officials'
salaries----------------------------------301, 377, 382, 420, 1609 --Union County; Treasurer's salary. .------..301, 377, 382, 420, 643 --Savannah City Court; conform
practices------..---------------------------.301, 377, 382, 421 --Cordele, City of; qualification of
voters.------------....--------------------301, 377, 382, 421, 642 --Alimony; revised if husband or wife has a change
in income....-------.-------------.------------301, 377, 500, 617 --Divorce; Judge shall hear case without jury if no
issuable defense is filed--------------------------------302, 378, 500
--Cherokee County; Ordinary's salary.------ 302, 378, 501, 504, 1183
--Legal advertisements; uniform rates allowed to publishers--------------------------------302, 378, 905, 1331, 2174
--Lincolnton, City of; limitation of ad valorem tax------------------.------------------------302, 378, 502, 551, 1183
--Water pollution control projects; grants... .----------302, 378
--Uninsured motorists, recovery of losses--.....-------- 302, 378, 502
2958
HB 192
HB 193
HB 194 HB 195
HB 196 HB 197
HB 198
HB 199 HB 200
HB 201
HB 202 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
INDEX
--Farmers' markets; Commissioner allowed to lease land.---------------------------303, 378, 696, 789, 1880
--Madison-Morgan County Airport Authority; create---------------------------303, 379, 382, 421, 703
--Long County; Sheriff's salary..---- ---------- 303, 379, 382, 422, 704 --Workmen's Compensation Act; subrogation
rights __--_------_,----__----_._------------------------ 304, 379 --Osteopathy; use of drugs---.--------------------------.304, 379 --State Board of Barber and Beautician Examiners;
additional powers --------------.. 304, 380, 1176, 1360, 2123, 2214 --Bryan County; Tax Commissioner's
salary-----.--------.-------------- 304, 380, 382, 422, 833 --Bryan County; Ordinary's salary ........... 304, 380, 382, 422, 833 --Pembroke City Court; Solicitor's
salary---_---_-----.-.------.----...----.304, 380, 382, 423, 833 --Pembroke, City of; City Court, Judge's
salary.------........._..._.......... ...........__.._...___._. 305, 380, 382, 423, 833 --State Rewards Board; create .........................._.................__._. 305, 380 --Quitman County; Office of Tax Commissioner,
create............----..................--............._ .. 305, 380, 382, 423, 1472 --Carnesville, City of; Reincorporate................ 305, 381, 383, 429, 642 --Lincolnton, City of; Councilmen, method of
electing.--...------.---------------.--.370, 409, 501, 505, 753 --Minimum Foundation Program of Education;
local participation........-...----..........._...____.._......._...... 371, 410, 901 --Lincoln County; Sheriff's salary............._. 371, 410, 501, 505, 1184 --Civil suits; advance court costs __.------------.... ............. 371, 410 --Blue, flashing lights; misdemeanor if used
by private motorists ----------__----------___________________371, 410 --Motor vehicle license plates; payment of ad valorem
tax _....__._.......... _.--------.--..-------------- .....371, 410, 453, 1180 --Dooly County; change certain official's
salaries -__--________----.----.-------------- 372, 410, 501, 505, 753 --Unadilla, City of; corporate limits,
alter.............--------....._..-----------.... 372, 411, 1762, 1891, 2300 --Elbert County; chairman of Biard of
Commissioners, salary------.----..-----..372, 411, 501, 506, 1472 --Garden City; extend corporate
limits......----------------.-.-------.372, 411, 501, 506, 1184 --Athens, City of; installation of storm sewers,
cost assessment-------------------373, 411, 501, 506, 754 --Motor vehicle license plates; call letters, ham
radio operators._------.-----------------------.373, 411, 502, 580 --Archives and History, Department of; branch
depositories--------------------373, 412, 699, 797, 1468, 2426 --Workmen's Compensation Act; subrogation rights of
employer -....--------.----------.------------- .--------373, 412 --Board of Health; increase membership--------..-------- 373, 412 --Griffin, City of; corporate limits,
extend------.------------------.--374, 412, 500, 547, 1184
HB 221 HB 222 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 HB 245 HB 246 HB 247 HB 248
INDEX
2959
--Griffin, City of; Election Manager's appointment..------------------ ...... . 374, 412, 500, 548, 1184
--Effingham County; Sheriff's salary.....-.----------------.--------374, 412, 501, 507, 1184
--Superior Court Clerks; annual salary------------------------374, 413 --Superior Court Clerks; storage of
materials--------------------------374, 413, 503, 574, 2250, 2419 --Social Security; officers of political
subdivisions ---- ------------------............... __._.374, 413, 1396, 1868 --Tax receivers and collectors;
commissions---..,,------------375, 413, 503, 937, 988, 1035, 1346, 2251, 2286
--Alcoholic beverages; criminal offense to drive under influence; blood test....--... -----------------375, 413, 1034, 1857
--Sales tax; failure to file ------_----------------_---------------375, 413 --Petroleum products; redefine----------------.-----------375, 414 --Stone Mountain Memorial Association Act;
change membership ----_____--__------_----------___.----___----376, 414 --Drivers' license; educational requirements
if under 21-----------------------..........----_------ 376, 414, 453 --Motor vehicles; disposition of
security----------------------.---------- 376, 414, 479, 518, 2180 --Motor vehicle license plates; ad valorem
tax-----------.----------------------. 376, 414, 452, 698 --Worth County; Board of Commissioners,
salaries------------..--------------------404, 474, 502, 507, 833 --Sylvester City Court; Judge's and Solicitor's
salary-----------------------.--------------404, 474, 502, 507, 833 --Teachers; certificated professional personnel.--------------405, 474 --Brunswick, City of; Brunswick and Glynn County
Development Authority, define commerce- -- -------.----------------405, 475, 502, 508, 834 --Glynn County; Magistrate's Court, Magistrate's salary-------------------------.-- 405, 475, 502, 508, 831, 843 --Lanier County, Sheriff's salary------------405, 475, 502, 509, 834 --Gainesville, City of; Employees' Retirement System, annual increases .......................405, 475, 501, 509, 1184 --Foreign corporations; petitions for domestication --------......--------------... 405, 475, 697, 802, 2299 --House of Representatives; apportionment; election from Representative Districts------------------------- 406, 475 --White County; Sheriff's salary-----------406, 475, 501, 509, 1768 --Bartow County; Sheriff's deputies, change number .-..------------._.._.---------- 406, 476, 501, 510, 1181, 1410 --State institutions; cost of patient care--.----------.406, 453, 476 --Motor vehicle parking brakes; adequate.---------.--------407, 476 --Stone Mountain Memorial Association; limit power to borrow money for certain purposes------------407, 476, 697 --Elections; notice of candidacy in general election-----....-.------....----------407, 476, 697, 786, 1470
2960 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 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274
INDEX
--Thomasville, City of; levy and collection of tax
upon salaries of employees'---............... 407, 477, 501, 510, 834
--Corporation stock; separate statements to
stockholders .........._..----------------_____------------------407, 477
--Randolph County; Sheriff's salary... 408, 477, 501, 510, 1882, 2209
--Highways; vegetation along right-of-
ways----.......---------...--..... ._...._..... . 408, 477, 752, 981, 2044
--Gordon, City of; charter,
create --.-..-...._.._----_----------__...--------408, 477, 502, 511, 754
--Sterilization; operation performed on certain
persons----------......------.------------_.___ 408, 477, 641, 1646
--Mountain Judicial Circuit; Towns County;
change terms....------------.--..----__._.. 408, 477, 545, 645, 1182
--Real estate brokers and salesmen;
licenses..----..------------------408- 478, 834, 996, 1879, 2305, 2397
--Highway Department; Employees' Retirement
System.----------___--__------ ._
... 409, 478, 500, 568
--Mt. Airy, Town of; Mayor and Council, change
election date-- .......__................._______._... 409, 478, 502, 511, 1609
--Motor vehicle license plates; Georgia Civil
Defense __.________.__........_................._._______________....___... __...__........ 409, 478
--Stephens County; Sheriff's deputy, additional
deputy-.-------_--._--. ------ .------.---- 409, 478, 502, 512, 831
--Teachers' Retirement System; service
credit.-..-.--..----_______________________________ 469, 493, 499, 609, 2123, 2212
--Teachers' Retirement System; disability
allowance....... ...----_--.....------------470, 493, 499, 611, 1182
Johnson County; Sheriff's salary-.----- 470, 493, 501, 548, 1184
--Glynn County; Board of Education, define extent of
annual audit._----_.._--------,,--------..-- 470, 493, 501, 549, 1472
--Newnan, City of; Newnan-Coweta Airport
Authority; create----------.-------.----.470, 493, 501, 549, 831
--Newnan, City of; City Clerk, license fee execution,
issuance----.__..--_....------.-.......----.470, 493, 501, 549, 1184
--Chatsworth, City of; Mayor and Aldermen authorized
to sell certain land-------------------- 470, 494, 501, 550, 1185
--Law Library; population and census figures;
certain counties------.............._-------- 471, 494, 959, 1101, 1609
--DeKalb County Local Government Commission;
establish ------------------------------------ ..... ------------471, 494
--Atlanta, City of; Joint Board of tax assessors, salaries----.--------.---------- 471, 494, 501, 551, 1185
--Pornographic material; felony to sell, exhibit, etc.--_--__--_--------------.___._ 471, 494, 500, 593, 2449
--State Properties Control Code; lease instrument----------_--------.----,,471, 494, 962, 1127, 2472, 2483
--Jury duty; exemptions.-----------------------------------471, 494
--Gas; underground reservoirs for storage-----------------------------472, 495, 544, 932, 1765, 1944
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 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298
INDEX
2961
--Unethical selling techniques; unlawful.------------- .--.----- .... 472, 495, 503, 615, 1308
--Newton County; Sheriff's chief deputy, salary........................TM..,.._-------------- 472, 495, 501, 550, 1472
--Chattahoochee County; Board of Commissioners, Clerk's salary---------------------------472, 495, 501, 550, 1472
--Inspection of Motor Vehicles Act; change certain requirements-.--- -472, 495, 699, 849, 872, 1608, 1940, 2003, 2016, 2150, 2168, 2488
--Marriage license; 3 day waiting period----- 473, 495, 545, 873, 883, 2439, 2465, 2487, 2490, 2500
--Randolph County; Ordinary, salary.--...----------------------------473, 496, 501, 551, 1185
--House of Representatives; apportionment; 205 members, Representative District------.---- 473, 496, 545, 669, 671, 741, 1399
--Speed restrictions; change, certain highways ------------------------------.-473, 496, 699, 788, 1399
--Civil actions; jury; reduction of verdict------------------------. -- ------------ 473, 496, 641, 1114
--Superior Court Jury Clerk; population requirements, certain counties---------------------------- 473, 496, 699, 780
--State Employees' Retirement System; former employees-------------------------- 474, 496, 524, 696, 983, 1680
--Cobb County; Civil and Criminal Court, extend jurisdiction------------------------474, 496, 501, 548, 1883, 2194
--Open meetings; hold if supported by public funds----.------..--..------------490, 540, 697, 937, 1608, 1636
--Georgia Historical Society; new members----------------------------.........491, 541, 699, 799, 2301
--Highways, bridges; closing for construction--------491, 541, 696, 782, 821, 940, 1096, 1270, 2044
--State Real Properties Control Commission; one member from each House--------------491, 541, 699, 809, 2494
--State Highway Department; federal funds for construction .--------_------------------.----------------491, 541
--Minors; conditional sales for personal property; may execute contract----________------..__.__.491, 541, 834, 986, 2301
--Leslie, Town of; voting, certain changes---------.--------------------491, 541, 545, 646, 1185
--Superior Court Judges Emeritus; change certain salaries .-....-...----------------.----...........-- ............492, 541
--Sales tax; public and non-profit hospitals ----------------492, 542
--Insurance; insurer's investment in mortgage loans-----------------------------.----492, 542, 697, 935, 2301
--House of Representatives; apportionment; 205 members; State-wide basis----------------------------492, 542
--Law libraries, Judicial Circuits; establishment, certain counties.....----------------------492, 542, 545, 646, 1185
2962 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 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324
INDEX
--Union City; elections, certain changes-.---------------------493, 542, 698, 706, 2452, 2470
--Warrenton, Town of; tax returns, change date-.-------------------------------529, 633, 697, 716, 1185
--Wilkes County; Board of Commissioners, Chairman shall be Road Superintendent and County Warden ._._-.____------------------_..___------..529, 633, 698, 707, 1185
--Columbia County; Certain officials, compensation.--___---____...._______.---. 530, 633, 698, 707, 1181, 1211
--Columbia County; Chairman and Eexcutive Officer's, salary------------.-------- 530, 633, 698, 707, 1181, 1212
--Crawford County; Sheriff's salary...... ... 530, 633, 698, 708, 1609 --Department of Alcohol Beverage Control;
provide -------------- .. _._....------ --------------------530, 634 --Brunswick City Court; Sheriff's deputies,
salary...-..........-......----... .___.__....-------- 530, 634, 698, 708, 1186 --Glynn County; Sheriff's deputy,
salary--------------------------------531, 634, 698, 709, 1186 --Gordon County; Sheriff's
salary----------------------------------531, 634, 698, 709, 1186 --Brunswick, City of; City Court, Judge's
salary----------------------------_------______531, 634, 698, 709, 1186 --Gordon County; establish Law
Library.................--------------.--------.531, 634, 698, 710, 1186 --Outdoor advertising; regulate--------------------------------531, 634 --Alcoholic beverages; size of
package--______----____________--------------------531, 633, 634, 641, 724 --Aging, State Commission on; additional
member..------.-------- .--------------,,------ .533, 635, 641, 722 --Fiscal officers; high and low income period----------------534, 635 --Bainbridge, City of; City Manager,
create office------------------------------ 534, 635, 698, 710, 1609 --Forsyth County; Sheriff and Clerk's
salary----.............._..--------------------..534, 635, 698, 710, 1472 --Cumming, City of; permanent voter
registration-------------------------------534, 636, 698, 711, 1473 --Forsyth County; Board of Commissioners,
expense allowance.....---------------- 535, 636, 697, 711, 1473 --Elections; assistance to voters.---------------------------- 535, 636
--Sales tax; sales to hospitals and volunteer fire departments..............-----_--.------------------------353, 636
--Abandoned personal property; Counties authorized to sell----.----------------------535, 636, 903, 1100
--North Georgia Mountains Commission; reduce number of members----------------535, 636, 834, 989, 1400, 2228
--Brinson, Town of; elections, establish biennial..--.....--------------------------535, 636, 697, 711, 1610
--Newton County; Board of Commissioners, Commissioner's salary _...._.--......----....... 536, 637, 697, 718, 1473
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 HB 347 HB 348
INDEX
2963
--Deputy Sheriffs; eligibility to serve as
juror __--------__--------.._------.... ._----.----..... 536, 637, 1033, 1375
--Coffee County; civil actions; advance court
costs --------..---------- ......----------__-- 536, 637, 697, 712, 1186
--Newnan, City of; City Court, Solicitor's
secretary's salary. ___. ______________________ 536, 637, 697, 712, llgi.
--Bulloch County; Sheriff's deputies'
salaries _____________ ._------__------.._...---- .... 536, 637, 697, 712, 1187
--Bulloch County; Assistant to Superior Court Clerk,
salary----.----....-------- --.__.----_._.._.... .. 536, 637, 697, 713, 1187
--Bulloch County; Assistant Tax Commissioner,
salary _______________ _ ..__..... .... _____ 537, 637, 697, 713, 1187
--Pulaski County; Sheriff's
salary------------ . ._.--------. .__..____. 537, 638, 698, 713, 11.87
--Pulaski County; Superior Court Clerk's
salary ..... _.----_.. __ ........__.._... .. .'....... _ 537, 638, 698, 714, 1187
--Pulaski County; Ordinary's
salary ._..__.._......._..._....._........___.................. 537, 638, 698, 714, 1187
--Pulaski County; Commissioner of Roads and Revenues,
salary.._._.____________ ......... ..___.______.______ 537, 638, 698, 714, 1187
--Hawkinsville, City of; Commissioners authority
to close, sell and convey certain
land.--...___________-----.____--------______________ 537, 638, 698, 715, 1187
--Sales tax; machinery used in new manufacturing
plants _____ -_-.--_._._-._._------------------ ..... _____............ 538, 638
--Juvenile Courts; news media not excluded, certain
cases .----------------.--------___________ _______ 538, 638, 903, 1121
--Athens, City of; Ad Valorem Tax,
levy-------------._------------------. 538, 639, 698, 715, 1188
--Motor vehicle license plates; Tax Commissioners
act as agent-----.------------------------.-538, 639, 743
--Alcoholic beverages; illegal manufacture; possession
of equipment or materials..-..._.___._..._._._........_...
... 538, 639
--Alcoholic beverages; illegal manufacture;
conspiracy----_. __________ ..-------- 539, 639, 1033, 1369, 1443, 1946
--State Employees; Long Term Disability
Insurance Plan ._.__......___._........__........._....._............................. 539, 639
--Honesty in Government Act;
penalties..................................-......---...............539, 639, 904, 1012
--Department of Family & Children Services; assistant payments _.............--........... 539, 640, 962, 1123, 2174
--Georgia Firemen's Retirement System; create----.._._..------.._.--..---.------.-------539, 640, 697, 842
--Paulding County; Clerk's salary--_._._______----------.---.--...539, 640, 698, 715, 1468, 1642
--Brantley County; Sheriff's salary------------------540, 640, 698, 716, 1767, 1781
--Brantley County; Treasurer's salary----------------------------------540, 640, 698, 716, 1188
2964 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 HB 371 HB 372 HB 373 HB 374 HB 375
INDEX
--Tax Assessors, County Board; minimum salary------...---___-------------------- 540, 640, 1307, 1422
--Elections; incumbent Justice of Peace may serve as poll officer.............. ... .. ......_..__..__... 540, 640, 1179, 1423, 1841
--Mitchell, Town of; election polls, hours open--_........____...--..----.--------------625, 690, 753, 757, 1188
--Glascock County; Commissioner's salary----.----------------------------626, 690, 753, 758, 1188
--Fulton County; Medical Examiner's office, create....--..------_..--_------------------ 626, 690, 753, 758, 1473
--Anti-freeze; inspection and regulation-------..----...----..---------------.626, 690, 697, 816
--Driver Education Course; part of curriculum, all high schools..------,,-.-----.--------.---. 626, 690, 901
--Motor vehicle drivers' license; minimum age, operator's license.-----------------------------626, 649, 690, 901
--Speed detection devised; counties and municipalities------------------------------..627, 691, 960
--Motor vehicle drivers' license; revocation on 65th birthday--..------.------------- ...... _____ 627, 691
--Warranties; personal property _______.....--....._........ _________ 627, 691 --County Boards of Education; selection of
members.---------------------------.627, 641, 691, 994, 1679 --Laurens County; certain officials, office
hours..........--------------------------.--627, 691, 753, 758, 1188 --Pike County; Sheriff's
salary------------------------------628, 691, 753, 759, 1883 --Colquitt County; Tax Commissioner's
salary.------.------__--------------------------628, 691, 753, 759 --Colquitt County; City Court, clerk's
bond------------------------------------628, 692, 753, 759, 1473 --Colquitt County; Ordinary's
salary----------------.--------...--_._-628, 692, 753, 760, 1473 --Corporations; annual report--.._.628, 692, 697, 814, 2439, 2442 --House of Representatives;
apportionment ----628, 692, 1307, 1494, 1505, 1520, 1527, 1538, 1542, 1549, 1557, 1565, 1596, 1975, 2016, 2070, 2145
--Columbus, City of; Commission member's salary .----__._----....-------- 629, 692, 753, 760, 1188
--Muscogee County; Employee's pension fund, provide --__________.__._________---629, 692, 753, 760, 1189
--Muscogee County; Chairman and Vice-Chairman of the Board of Commissioners, election ____.._,,.629, 693, 753, 761, 1189
--Muscogee County; Deputy Coroner's duties --------------------------------_.----629, 693, 753, 761, 1189
--Muscogee County; Coroner's salary ------629, 693, 753, 761, 1189 --Charitable, religious, educational organizations; existing
trustees; method of discharging -------------------- 630, 693 --Warrants; minors; method of service --630, 693, 903, 1008, 2179
--Rough fish; use of baskets prohibited ------...----------.630, 693
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 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401
INDEX
2965
--Motor vehicle learner's driver's license; holder
may operate motor scooter ________,,,,_--,,___,,_._____.--__.630, 693, 1034
--Industry and Trade, Department of; establish
air markers _.._._..________.._._,,___________._____....._. 630, 694, 902, 999, 1399
--Judgments; entry on general execution
docket ___.____.___.-_._.____...___-..631, 694, 1033, 1097, 1397, 1743, 2179
--Cobb County; Comptroller's duties _._________-631, 694, 753, 762, 1473
--Cobb County; Board of Commissioners of
Roads and Revenues, meetings.._ 631, 694, 753, 762, 1608, 1638
--Courts; all evidence germane to severity
of sentence admissible ___________-,,._--_.------.. ...__.___________-_..631, 694
--Brooks County; Tax Commissioner,
levy and collect tax
. 631, 694, 753, 762, 1473
--Legislative Counsel; shall assist Legislative
Services Committee _..______.__.__._.____....___.._ 631, 694, 904, 1006, 1609
--Fishing and hunting licenses; increase
non-resident fee ___.__.._______.632, 695, 1032, 1427, 1439, 1476, 1648
--City of St. Mary's; City council, method of
filling vacancies ....___.__..._...______.._._.._.__.____..632, 695, 753, 763, 2303
--Weapons; confiscation by County
sheriffs _______..___._____________..___...__.____. 632, 695, 1177, 1371, 1397, 1859
--Ordinaries; salary of ____..__.__.___._____._____.__________._______________________632, 695
--Willacoochee, Town of; Mayor and Members of the
Board of Aldermen; election ____..,,.......__ 632, 695, 752, 763, 1189
--Waycross, City of; City Manager's
salary ___.___.__.._...___.______..___.____._.___._____......-632, 695, 752, 764, 1189
--Colquitt County; Small Claims Court;
rules of practice ____._..__......_...-_._._......-__-___-685, 747, 835, 836, 1474
--Cobb County; Cobb-Marietta Water
Authority, membership ___________.......____.___ 686, 747, 835, 836, 1474
--Kennesaw, City of; Mayo and City Council,
salaries ______..____......______-.-....._______.___686, 747, 835, 836, 2147, 2193
--Oconee Judicial Circuit; Solicitor-General's
salary ___..____._.._..______._____..________.__.._____...._......-686, 748, 834, 968, 2180
--Georgia Motor Boat Numbering Act;
renewal date of licenses ._......................686, 748, 902, 1154, 1680
--Stone Mountain Judicial Circuit;
Solicitor-General's salary ........_.__... 687, 748, 1177, 1319, 2495
--Stone Mountain Judicial Circuit; Judges' salary supple
mented by DeKalb County _________.__687, 748, 834, 969, 2439, 2446
--DeKalb County; Civil and Criminal Court Judges,
Solicitors, salaries .
.. 687, 748, 835, 837, 1474
--Chatsworth, City of; Corporate limits, change ._............_...._-__._.__-....-..-.....687, 748, 835, 837, 1474
--Public Safety, Department of; compensation, certain members ___ 687, 700, 749, 885, 1400, 1413, 1416, 1426, 2009, 2045
--Dalton, City of; Police and Fire Department, personnel ___............_........___.....__..___......_...__.688, 749, 903, 906, 1474
--Augusta, City of; Assistant Recorder, duties ........_.__........._...__.._____....__.___..._....__._._-688, 749, 835, 837, 1189
2966
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
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
INDEX
--Augusta, City of; Police Department,
height requirements ._..._._..........__,,_.._.... 688, 749, 835, 838, 1189
--Augusta, City of; Mayor and members of the
council, election contests ..
. 688, 749, 835, 838, 1190
--Motor Fuel Tax Act; accounting by counties,
expenditure of funds
.__._______688, 750, 1032
--City of St. Marys; voting machines,
authorize use
.
..._.___ 689, 750, 835, 838, 1190
--Evans County; Sheriff's salary .......______... 689, 750, 835, 839, 1190
--Teachers; ratify work days _________________ _________.__.___.__..____689, 750, 901
--Rabun County; Sheriff's salary _____ ..689, 750, 835, 839, 1608, 1641
--Colquitt County; Board of Commissioners,
Chairman's bond ........................................6B9, 750, 835, 839, 1474
--Jefferson County; Sheriff's salary ....._..____744, 827, 961, 969, 1474
--Jefferson County; Sheriff's bond ___.______....744, 827, 903, 907, 1474
--Jefferson County; Chairman and Members of the Board
of Roads and Revenues; salaries ___.._..__744, 827, 903, 907, 1475
--Highway Department; airports; county and
municipal contracts ....... ................___._745, 827, 1032, 1282, 2495
--Bail bonds; number of times a person may give ..____745, 828, 1033
--Stewart County; Superior Court
Clerk's salary ...................................._......! 45, 828, 903, 908, 2300
--Stewart County; Sheriff's salary ..._____._____745, 828, 904, 908, 2495
--Insurance; charter renewal by insurer ___.__..___........ ............745, 828
--Insane persons; custody by sheriff _._.________________________746, 828, 1033
--Athens, City of; Employee's pensions ...__...746, 828, 904, 908, 1475
--Brunswick Judicial Circuit; supplement Judges'
salary ................746, 829, 961, 966, 1031, 1466, 1482, 1765, 2189
--Property; quiet title, claimant may bring
in rem action ........._._.._____..................________.___746, 829, 905, 1831
--Oleomargarine; excise tax, repeal act __ _746, 829, 1035, 1363, 2495
--Bail; Judges' discretion to refuse ________................. _.____747, 829, 1396
--Newnan, City of; Mayor and Members of the
Board of Aldermen, salaries ______________________________________ _....822, 896
--Butts County; Commissioner of Roads and Revenues,
create office ._......_._
822, 896, 961, 965
--Summerville, City of; Close certain
streets ____.___.__.._______.___________._________.____...... 822, 896, 961, 966, 1884
--Summerville, City of; Proposed ordinances,
giving notice ____............________________..________.__.823, 897, 961, 965, 1884
--Cobb County; personal property
tax returns ______ _......_______.._.________._____.___... 823, 897, 903, 963, 1884
--Cobb County; tax penalties ___.____.._.._____ 823, 897, 903, 964, 1884
--Cobb County; property tax; penalties for
failure to return _____________________.____.....__.__ 823, 897, 903, 964, 1884
--Cobb County; land for taxation;
failure to return __._.._ ____..._________________...._ 823, 897, 903, 965, 1884
--Income tax; dependent students; exemptions ________........_._ 823, 897
--Building and Loan Act; investment in
real estate ___..._.....__________________________...-824, 898, 1465, 1823, 2495
--Sales tax; certain farm machinery exempt ________....___...___ 824, 898
HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 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 flB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462
INDEX
2967
--Macon, City of; corporate limits,
change
_....._..-,,. 824, 898, 961, 966, 1475
--Moultrie, City of; Mayor and Councilmen,
elected by majority vote ...._.____________._...... 824, 898, 961, 967, 1475
--Coffee County; Chairman, Board of Commissioners,
salary .__._.__.........____...._______.,,.,,....._.__......______...824, 898, 961, 970, 1190
--Douglas, City of; City Court's Judge and
Solicitor; salaries -_.,,__..__._______..--_-_-_._..._824, 898, 961, 971, 1190
--Coffee County; certain officials,
salaries .___..._.........__________.___..,,.._..._...___..__.. 825, 898, 961, 971, 1190
--Joint Municipal Employees' Retirement
System; create ........_.._...._...___......._. 825, 899, 903, 1125, 1468, 1633
--Motor Fuel Tax Law; refund to counties
and municipalities ___________...__.------____________.__... ...__,-_----825, 899
--Housing Authorities Law; exempt,
certain counties ___.__.__..._._._...._......_ ........ ... . 825, 899, 1034, 1042
--Fayette County; Tax Commissioner's
salary _______________________.____.____._______________.826, 899, 961, 967, 1610
--Fayette County; Ordinary's salary ...,_._.._..826, 899, 961, 967, 1610
--Fayette County; Clerk of Superior
Court, salary ........______._................_...._.___.826, 899, 961, 968, 1610
--Fayette County; Sheriff's salary ______________826, 900, 961, 970, 1610
--Fayette County; Board of Commissioners of
Roads and Revenues, salaries _______..__.____826, 900, 961, 968, 1610
--Smyrna, City of; Number of wards,
change ............___________._....._....-.___.826, 900, 1178, 1197, 2147, 2191
--General Assembly; compensation of members . ..._____________.__889, 953
--Acworth, City of; corporate limits,
extend .__.__..___._....___......__.____.___-__._.___.._......889, 953, 1033, 1036, 1884
--Barrow County; Chairman of the Board of
Commissioners, salary .-_..._
889, 953, 1033, 1036
--Tax executions; manner and time of
enforcement ______..............___._._-_______--.....890, 953, 1033, 1747, 2179
--Sales tax; exempt medicine, drugs,
including artificial limbs -.--..___.._.............___.____--.... 890, 953
--Worth County; Small Claims Court;
qualification of Judge _________.____.__-__.__.890, 954, 1033, 1036, 1610
--Metter, City of; City Court's Judge,
filling vacancies .._._____.......__._.........._.___.890, 954, 1033, 1037, 1610
--Motor Fuel Tax Law; gasoline used for aircraft ...._.......... 891, 954
--Lyons, City of; City Court Judge,
salary .__...._.....___....._..___.__.._____._...-_..........891, 954, 1033, 1037, 1768
--Quitman County; Sheriff's salary ....... 891, 954, 1033, 1037, 1475
--Lyons, City of; City Court,
rules of practice ....__.____...............-.___-.__.891, 954, 1034, 1038, 1768
--Chamblee, City of; Sanitary taxes,
increase ___.__..._...,,.___.-____......-_____._..___..._. 891, 955, 1034, 1038, 1611
--Valdosta, City of; Corporate limits,
change ....___.........._._______.-.........___.....-__.891, 955, 1034, 1038, 1611
--Cordele, City of; Change form of
government ........ .-- . . 892, 955, 1033, 1042, 1611
2968
HB 463 HB 464 HB 465 HB 466 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 HB 490
INDEX
--Adoption; interlocutory hearings ...................... 892, 955, 960, 1218
--Manchester, City of; Board of Commissioners,
change method of electing _________._______.892, 955, 1034, 1039, 1611
--Austell, Town of; corporate limits,
increase ___________._____._____________________892, 955, 1034, 1039, 2147, 2190
--Riverdale, City of; employees' group
insurance, secure ___.............__...._.......,,. 892, 955, 1034, 1039, 1611
--Banks; uninvested trust funds secured by
real estate loans ____....___......_......_._________..827, 900, 960, 1142, 1686
--Development Corporations; incorporate on
statewide basis .........__.___.......................827, 900, 1465, 1733, 2495
--Navigable streams; redefine relating to fishing rights ....-893, 956
--Odom, City of; Mayor and Council authorized to sell
certain portion of a street ________..__893, 956, 1034, 1040, 1611
--Highways; eminent domain; single in rem action if
ownership of two tracts of land identical ......893, 956, 960, 1132
--County Surveyors; qualifications _..______._________..893, 956, 1677, 1823
--Elections; separate voting facilities for
disabled electors __________________________.__.____....___.........894, 956, 1677
--Cobb Judicial Circuit; employment of Official
Court Reporters _..._______.____.______._______.___.894, 956, 1675, 1817, 2496
--Cobb County; law library;
establish _____._.___.___._____________._______._894, 956, 1175, 1310, 2438, 2447
--Quitman, City of; City Commissioners
reduce number __.___.___.._.___..
894, 957, 1034, 1040, 1475
--Quitman, City of; Chairman of the Board of
Commissioners, voting rights ___.._....895, 957, 1034, 1040, 1475
--Motor vehicles, operators of; wanton disregard of
safety and property; misdemeanor ..........._.895, 957, 1177, 1373
--Conasauga Judicial Circuit;
change terms ______.___________________-....__.__895, 957, 1178, 1197, 2496
--Swine breeding stock; license to sell __..___.__._______._______________.895, 957
--Thomaston, City of; Ad valorem tax
levy and collection _ ....
895, 958, 1034, 1041, 1611
--Thomaston, City of; Ad valorem
tax, limit _______._____________________________.______.896, 958, 1034, 1041, 1612
--Thomas County; fire protection districts,
create ________...._.._...._.____________._.___.__..896, 958, 1033, 1034, 1044, 1476
--Higgston, Town of; calling of
elections ..__..____________________________._____..._.___.949, 1028, 1034, 1197, 1768
--Identification tag; cardiac patients, epileptics,
diabetics ...___..______________.___..________.949, 1028, 1176, 1724, 2146, 2226
--Outdoor advertising; control erection and maintenance^ 950, 1028
--Powder Springs, City of; corporate
limits, change _________._._._________.._____---__ 950, 1028, 1034, 1198, 1885
--Cooperative Marketing Act; election of
officers ____..___.__.________________________-__-_______.950, 959, 1028, 1280, 1680
--Coweta County; Deputy's and jailers'
salaries ..._......_____..,,--_--_- 950, 1028, 1034, 1198, 1612
--Drunkenness; crime if in parked motor vehicle on
public street or highways ________-__-__-__--_...___...__..951, 1029, 1396
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 HB 514
HB 515
HB 516
HB 517
HB 518
INDEX
2969
--Corporations; licenses and taxes ................... 951, 1029, 1097, 1307 --Middle Judicial Circuit; Solicitor-General's
salary ._..__,,___----_--------_----------__.951, 1029, 1180, 1319, 1680 --Clay County; Sheriff's salary ------------------------951, 1029, 1198 --Insurance; municipal license fees and taxes ..........951, 1029, 1749 --State Employees' Retirement System; creditable
service for certain employees ..... .. ____..____.__.____._____________952, 1029 --Teachers' Retirement System;
service retirement ________...._____._.952, 1030, 1175, 1449, 2123, 2205 --Water Resources Research; Georgia Tech
designated as agent ___._.... .......____. .,,. 952, 1030, 1308, 1454, 2180 --Minimum Foundation Program of Education Act;
school property tax digest _____..._......_........................._.....952, 1030 --Marietta, City of; City Councilmen's
salaries ......................._________....___.952, 1030, 1034, 1199, 1765, 2195 --Metropolitan Atlanta Rapid Transit
Corporation; create .__--_.....__________,,..... ...........................952, 1030 --Georgia Basic Science Law; create ..._______--------------__1019, 1168 --Tift County; Chairman of the Board of Commissioners
of Roads and Revenues, salary ___...1019, 1169, 1178, 1310, 1885 --Tift County; Board of Commissioners of Roads and
Revenues, term of office .._..__.___._._...1019, 1169, 1178, 1311, 1885 --Dublin, City of; Wards, redefine
territorial limits .......................1019, 1169, 1306, 1402, 1769 --Ware County; employment personnel,
provisions --------------------1019, 1169, 1178, 1311, 1883, 2190 --Allenhurst, Town of; create and
incorporate _____----------------1019, 1169, 1178, 1312, 1768, 2061 --Court Reporters' Retirement System; create ----------1020, 1169 --Certificate of Title Act; delivery when held
by lienholder __,,___------------------1020, 1169, 1306, 1424, 2302 --Insurance; liability of insurer,
attorney's fees ...._.----....------------__--------__ 1020, 1170, 1177 --Insurance; liability of insurer, attorney's fees ....1020, 1170, 1177 --Insane persons; judicial procedure for
involuntary hospitalization .._----------_..._._..--_._.__.,,__.._. 1020, 1170 --Motor vehicle license plates;
issuance to veterans ..............1021, 1170, 1305, 1859, 1946, 2496 --Insane persons; judicial procedure for
involuntary hospitalization _......_.._.__.._.._____.____.....____..1021, 1170 --Albany, City of; City Court, appointment of more
than one judge -----------__..-------- 1021, 1170, 1178, 1312, 1769
--Institutional Farms, Division of; create within Department of Agriculture ----------------------.1021, 1171, 1175
--Hospital Authorities; effective location of facility .____.--......._----------.1021, 1171, 1177, 1211, 1372, 2302
--Johnson County; Tax Receiver, paid from ad valorem school tax, repeal act .____---------- 1021, 1171, 1178, 1312, 2300
--Tax Collectors; compensation, certain counties __.___.__.---------___._----_---- 1022, 1171, 1177, 1310, 2300
2970 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 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
INDEX
--Milk and Cheese; Dairy Inspection
Act; ice cream .__.._ ...._..___.....__.._. 1022, 1171, 1175
--Integrated schools; report number of students
attending ._.______________..____.._,,___________________._....___... _______1022, 1171
--Savannah, City of; County and City
Board of Tax Assessors, create
joint Board _____._.....____..______ 1022, 1172, 1178, 1313, 2045, 2223
--Schley County; Sheriff's salary ........ 1023, 1172, 1178, 1313, 1769
--State Cemetery Board; create ____________________ .....1023, 1172, 1676
--Georgia Biological Permit Act;
establish _____..__._.____._._. 1023, 1172, 1176, 1952, 2303
--Juvenile Courts; power to act as
Courts of Inquiry __.....__ 1023, 1172, 1210, 1398, 1650, 2496
--Laying hens; property taxation; redefine
production ,,_...__.________________._..._._..._____ 1023, 1172, 1615, 1956, 2303
--Flint Judicial Circuit; Solicitor-General, contingent
expense allowance ___.___.....___....__._.... 1023, 1173, 1177, 1319, 2179
--Washington County; Sheriff's
salary
...... 1024, 1173, 1178, 1313, 1769
--Washington County; Board of Commissioners
of Roads and Revenues, centralized
purchasing _______,,._._.....-________.,,_._._._____ 1024, 1173, 1178, 1314, 1769
--Washington County; Clerk Superior Court,
salary _____._...... ______..________.._._________________.1024, 1173, 1178, 1314, 1769
--Insurance; domestic life insurance companies;
investment accounts --_______.__._._._.____-_-_-________-.-___------1024, 1173
--Credit unions; procedure for incorporation _._.______1024, 1173, 1176
--Alcoholic beverage; sale of; annual
license fee ______________ ...__-__________1024, 1026, 1173, 1177, 1452, 2179
--Telephone and telegraph; avoid or attempt to avoid
charges by fraudulent device .___.____ 1026, 1174, 1177, 1819, 2174
--Motor vehicles; marked if used for police
purposes .________...____________..___._.____ 1026, 1174, 1179, 1356, 2179
--Hawkinsville, City of; City Commissioners
authorized to sell and convey certain
land ..... _______________ ____________ 1027, 1174, 1178, 1314, 1769
--Cigarettes, cigars; excise tax; certain changes ...._.....___.1160, 1295
--Appling County; Annual audit,
provisions ..__._..__. 1161, 1296, 1306, 1403, 1883, 2050, 2251, 2288
--Motor vehicle license plates; fee for private
trucks hauling livestock _______._________..__...._____,,.________ 1161, 1296
--Bleckley County, Sheriff's salary ..... 1161, 1296, 1306, 1403, 1769
--Walton County; Board of Commissioners of Roads and
Revenues, members' salaries ________ 1161, 1296, 1306, 1403, 1770
--Highway Department; use of convict labor ...... 1161, 1296, 1396
--Dawson County; Ordinary's salary ____...____ ________________________ 1162, 1296, 1306, 1404, 2304, 2346
--Sales tax; prescription drugs and all funeral supplies; exempt _ ._.__......._..........._..... ........ ...... 1162, 1296
--Fannin County; Sheriff's salary ____ 1162, 1296, 1306, 1407, 2175
HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 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
INDEX
2971
--Department of Alcohol Beverage Control;
provide
-_......_ _
1162, 1297, 1396
--Health Code; budget, contributions from local
funds, certain counties _ ____..______________._._______________1162, 1297, 1396
--DeKalb County; Tax Commissioners; extend time for
filing returns _____________.____........._.______ 1163, 1297, 1306, 1404, 1770
--Railroads; safety of traveling public and
employees ____-_-_.._-.._ .._.____________..._.._._______________-_.______...___1163, 1297
--Bail; misdemeanor cases; cognizance bonds from
military personnel _________________________________ ____1163, 1297, 1396, 1827
--Adoption certificates; person born
outside State
.
1163, 1297, 1396, 1735
--Motor vehicle license plates; tax commissioner or
collector; compensation .....____._____..
1163, 1298, 1747
--Dexter, Town of; Municipal elections,
date held ..........._.___ 1164, 1298, 1306, 1404, 1770
--Appearance bonds; physical
disabilities ________-...-._.._.._.________..1164, 1177, 1298, 1441, 2046, 2068
--Tax assessments; dissatisfied taxpayer ___...__________1164, 1298, 1398
--Appellate Practice Act of 1965;
amend _____________-.-,,...________,,__ 1164, 1298, 1398, 1489, 2146, 2165
--Tift County; Small Claims Court, clarify
provisions
..._._..
1164, 1298, 1306, 1405, 1770
--Abandoned wells or holes;
cover ______.._._._._____________._._____ 1165, 1177, 1299, 1419, 2479, 2485....
--Libel suits for damages; origination __________ 1027, 1174, 1398, 2017
--Insurance; fire insurance on dwellings;
increase tax __..__-_._____.___..___..,,.._.._..__.__... __1027, 1174, 1398, 1866
--Income tax; taxable periods,
corporations ___._._......______________________ 1165, 1299, 1398, 1739, 2496
--Atlanta Judicial Circuit; Solicitor-General's salary _______ 1166, 1299
--Fulton County; Juvenile Court Judges'
salaries __.__..__._____ 1166, 1300, 1306, 1405, 2147, 2281
--Fulton County; Ordinary's
salary _____________________________.__________1166, 1300, 1306, 1405, 2429, 2431
--Fulton County; Criminal Court, Judges and
Solicitors, salary
_ 1166, 1300, 1306, 1406, 2148, 2283
--Fulton County; Board of Commissioners,
salary _____________ .
.
. _. _________1166, 1300, 1306, 1406
--Atlanta, City of; Municipal Court
Judges' salaries ___________...._______1166, 1300, 1306, 1406, 2148, 2281
--Superior Court Judges; salaries increased according to per capita State income ...... 1167, 1177, 1300, 1660, 2418, 2421, 2435, 2457, 2482, 2487, 2488, 2493
--State Highway Board; expenditure of funds ___________ 1167, 1300
--Tift County; Superior Court Clerk's salary ......._..._.__....___.__.___._.__..... 1287, 1389, 1397, 1478, 1885
--Tift County; Tax Commissioner's salary ................... .................... 1287, 1389, 1397, 1478, 1885
2972
INDEX
HB 572 HB 573 HB 574 HB 575 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
HB 598 HB 599
HB 600
HB 601
--Tift County; Sheriff's salary ___._.-..__....1287, 1389, 1397, 1478, 1885
--Tift County; Ordinary's salary _._.______1287, 1390, 1397, 1479, 1885 --Taxation; limitation on cities' rights ......._.--...._________1288, 1390 --Clinch County; Sheriff's salary _________1288, 1390, 1397, 1479, 2175 --Income tax; cutting of timber as
exchange of property _ ,,_,,____..._...__..______.1167, 1301, 1396 --Motor vehicle liability insurance; giving of security ....1288, 1390 --Johnson County; Board of Commissioners of Roads
and Revenues, salary ____________._____.._.1288, 1390, 1397, 1480, 2175 --Wrightsville, City of; City Court; Judge's
salary _________ ________..._________._________________1288, 1390, 1397, 1480, 2175 --House of Representatives; election of members in
1965 ............1288, 1390, 1615, 2099, 2392, 2402, 2432, 2433, 2472 --Motor vehicles; proof of financial responsibility,
second conviction _________________________________________ _______1289, 1306, 1391 --Stone Mountain Judicial Circuit; increase
number of Judges ________________________________ 1168, 1301, 1396, 1654 --State House Officials; create emeritus
offices _..-.-..--...____.__,,.____.._...............1168, 1177, 1301, 1420, 2438 --Superior Court Judges, Emeritus; may serve in any
judicial circuit upon request _______________ 1289, 1391, 1615, 1737 --Minimum Foundation Program of Education Act;
local financial ability ._________.___.....-.-............._.................1168, 1301 --Railway blowposts; change location .....___._____________1168, 1301, 1396 --Sumter County; Sheriff's salary _______ 1289, 1391, 1397, 1480, 1885 --Alpharetta, City of; Corporate limits,
change ........................_____.________..1168, 1302, 1391, 2026, 2031, 2497 --Telephone and telegraph; conceal place of
origin or destination; prohibit use of devices ___._._._................. ____.______...___.1289, 1391, 1614, 1821, 2175 --Madison County; Board of Commissioners of Roads and Revenues, create ,,_______,__.._________.____.._. 1289, 1391, 1397, 1481, 1886 --Madison County; Certain officials' salaries __________ _______.._______._.___._.__.,-_-.1289, 1391, 1397, 1481, 1886 --Madison County; Sheriff's salary _._.__1290, 1391, 1397, 1481, 1886 --County tax evaluation and equalization program; complete by July 1, 1968 .._..........___..,,._._.....__ __________ 1290, 1392 --Mclntosh County; certain officials' salaries _______________________________ 1290, 1392, 1466, 1620, 2147, 2208 --Upson County; Sheriff's salary _..._____ 1290, 1392, 1466, 1620, 2175 --Tallapoosa, City of; Additional tax levied for school purposes ________________________________________________________ .1290, 1392 --Haralson County; Treasurer's salary ___.__.___...._......_...__..._.____..__._.___._.1290, 1392, 1466, 1620, 1886
--Candler County; Sheriff's salary ....... 1291, 1392, 1466, 1621, 2175
--Motor vehicles; special permit if width
exceeds 96 inches
______ _____
1291, 1392
--Georgia Cooperative Services for the Blind, Inc.; State Employees' Retirement System _____ 1293, 1392, 1396, 1741, 2496
--Narcotics; felony to sell to minors ___________ ________ 1293, 1393
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
HB 620
HB 621 HB 622 HB 623
HB 624
HB 625 HB 626 HB 627 HB 628
HB 629
HB 630
INDEX
2973
--Statenville, City of; Reincorporated from City of Statesville ___._,,.__..,,...______________.____ __1293, 1393, 1466, 1625, 2175
--Statesville, Town of; Corporate limits, change . ____.___________________.______________-__.._._.1293, 1393, 1466, 1621, 2176
--Echols County; Sheriff's salary ...._.. 1293, 1393, 1466, 1621, 2176 --Fort Gaines, City of; Corporate limits,
change ________ _______________.____..,,__...,,________ __1294, 1393, 1466, 1624, 2300 --Wilkinson County; Sheriff's
salary .__....___._.......... ._______.______.1294, 1393, 1467, 1622, 1886, 2300 --Wilkinson County; Ordinary's
salary _______________ _________________________________.1294, 1394, 1467, 1622, 1886 --Appling County; Sheriff's secretary,
salary ..,,_,,__ 1294, 1394, 1466, 1632, 1883, 2049, 2251, 2289 --Cedartown, City of; Tax millage rate,
change _._._.....,,,,,,.__...__,,_____________.._..,,.,,.,,___ 1294, 1394, 1467, 1623, 1886 --Hazlehurst, City of; Taxation of life
insurance companies _ _________________._._.1294, 1394, 1467, 1623, 1886 --Hazlehurst, City of; Use of voting machines in all
municipal elections ________._._--___._____,,__ 1295, 1394, 1467, 1623, 1887 --Hazlehurst, City of; Taxation of life, accident and
sickness insurance companies _________ 1295, 1394, 1467, 1624, 1887 --Emanuel County; Emanuel County Development
Authority, create ___________ ________....___.__1295, 1395, 1467, 1624, 1887 --Inspection of Motor Vehicles Act; seller must warrant
vehicle ready for inspection ___________________ ____________1383, 1459, 1678 --Motor vehicle tires; date of manufacture, serial
number stamped in raised letters _. _________________.___1383, 1459,1678 --Corporations; tax on transfer of stock ._,,__ _.____.__.1383, 1460, 1877 --Personal property; deficiency judgments _.__________..._____.___1383, 1460 --Certificate of Title Act; cancellation, wrecked or
scrapped vehicles ______.______._--___._____1383, 1460, 1615, 1729, 2180 --Berrien County; rough fish; use of
baskets ____________.__.____._______.___-_______.__.___.1384, 1460, 1467, 1617, 2176 --Alcoholic beverages; control without
election, certain counties .........__.___.......__._._._-___.1384, 1460 --Green County; Ordinary's salary .....___1384, 1460, 1467, 1617, 1887 --Green County; Sheriff's salary __._______1384, 1461, 1466, 1626, 1887 --Atlanta Judicial Circuit; Number of trial assistant
solicitors-general ________ _._.._..___1384, 1461, 1467, 1618, 2148, 2282 --Cordele, City of; conveyance of
certain property ___._______.____________________1385, 1461, 1466, 1618, 2176 --Motor Fuel Tax Law; refunds to School Buses ._--___.___1385, 1461 --Trading Stamps; taxation ......,,__.___....._..______________.._...._1385, 1461
--Ben Hill County; Sheriff's salary __1385, 1461, 1467, 1619, 2176
--Malt beverages; method of reporting and paying tax _______ ________________________ _____1386, 1462, 1615
--Ambulance drivers; emergency first aid course required _.______._._-_--_-___-______.___.___.________________1386, 1462
--Paulding County; certain officials' salaries __________ ___________.___.___,___.___,._______1386, 1462, 1467, 1619, 1887
2974
HB 631 HB 632
HB 633
HB 634 HB 635
HB 636
HB 637
HB 638
HB 639 HB 640
HB 641
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
INDEX
--Grady County; Sheriff's salary _.........1386, 1462, 1467, 1619, 1887
--Grady County; Board of Commissioners,
Chairman, salary
.
1386, 1462, 1467, 1622, 1887
--Leesburg, City of; Mayor and Council,
term of office ......_._......_..____.__._.,,.__ _1386, 1462, 1677, 1688, 2176
--Terrell County; Sheriff's salary ........ 1387, 1462, 1467, 1615, 2176
--Woodland, City of; close certain
street _____ __.._.____________....._...._. 1387, 1463, 1467, 1616, 2176
--Floyd County; percentage of contract price
paid contractor .__...._............_.._........ 1387, 1463, 1467, 1616, 1888
--East Dublin, Town of; Municipal
election hours .,.._...._._........._._______.______1387, 1463, 1467, 1616, 2177
--Appropriations; supplemental for fiscal year
ending June 30, 1966 ...__..__
1387, 1463
--Miller County; Sheriff's salary _______ 1387, 1463, 1467, 1617, 2300
--Sheriff's Retirement Fund of Georgia;
certain credits ........... .._______........_______________ ... 1388, 1463
--Certificate of Title Act; disposition, wrecked or
scrapped vehicles ___......._,,____.---. ....... ... 1388, 1464
--Farm equipment exceeding requirements; special permit
not required during daylight hours .....--..-........ _ _ 1388, 1464
--Warner Robins, City of; City Court,
create ___________________................ 1388, 1464, 1466, 1626, 1883, 2051
--Attachment cases; person before whom affidavit
shall be made .............. ___.._.._.._.._....._....................._.__.......__1389, 1464
--Attachment cases; procedure in ordinary civil cases -__1389, 1464
--Practical Nurses; Board of Examiners;
per diem pay .....__._._............_ __..____.___1458, 1607, 1675, 1839, 2181
--Tax Assessors; State Employees' Retirement System ____1458, 1607
--Municipal grants; street improvements,
expenditure of funds ___._._._________- ......1458, 1607, 1614
--Salesmen and merchants; municipal tax ...________._._.1459, 1607, 1614
--Insecticides, fungicides; license required for
commercial application ..._._,,__ ________..__..__ .,,._.______.... ____1459, 1607
--Taylor County; Sheriff's salary _..._..... 1459, 1607, 1677, 1688, 2177
--Motor vehicle license plates; sold by Tax
Commissioners or Collectors .________...__._..._-- __________.......1601, 1669
--Juvenile Courts; municipal traffic laws ...........___._.___.___.1601, 1669
--DeKalb County; certain employee's
pension benefits ___________________ ______..._....1602, 1670, 1677, 1775, 2301
--Fulton-DeKalb Counties; pensions,
transfer funds __________......... __.._._.__._____1602, 1670, 1677, 1775, 2301
--Walker County; Coroner's salary __..._1602, 1670, 1677, 1775, 2301
--Farm equipment exceeding requirements; special permit
not required, certain circumstances ..._.__...._ ..1602, 1670
--DeKalb County; School System;
audit books ._.........._._.__._._............__ 1603, 1671, 1763, 1895, 2301
--Teachers' Retirement System; Board of Trustees,
additional members ...-.-.__--._-----.-. __1603, 1671, 1676
--County and State Officials; effective date
of salary increases _._..........._._.__-.-..-__......------ ____ --_1603, 1671
HB 661 HB 662 HB 663
HB 664 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
INDEX
2975
--Dougherty County; Sheriff and Clerk of the
Superior Court, salary __. ..-------- 1604, 1671, 1762, 1892, 2299
--Dougherty County; Tax Commissioner's
salary ------------------------------1604, 1671, 1762, 1892, 2299
--Farm equipment exceeding- requirements;
special permit not required, certain
circumstances ..
__.._...._... 1604, 1672, 1676, 1829, 2299
--Dawson County; Sheriff's
salary ..... ......._.._._.._.. ....... 1606, 1672, 1763, 1892, 2304, 2345
--Ocilla, City of; corporate limits; extend ...._...__.._._...._...._._.__.._._.. ..-..1606, 1672, 1763, 1896, 2299
--Appropriations; Legislative Branch; clarify provisions .._._..........._...__.__ 1606, 1672, 1675, 1825, 2299
--Lawrenceville, City of; entrance fee; certain candidates .. ...._....__.__.... .... 1666, 1757, 1763, 1893, 2299
-- Gwinnett County; Ordinary's salary ... 1666, 1757, 1763, 1893, 2300
--Buford, City of; City Manager's salary _..___.___..__.__... ---1666, 1757, 1763, 1893, 2300
--Gwinnett County; Ordinaries custodians of vital statistics .....___._______.___..__......... 1666, 1757, 1763, 1894, 2303
--Walker County; Sheriff's salary .---- 1666, 1757, 1763, 1894, 2303 --DeKalb County; Life insurance companies
and representatives, levy tax ---------.-------------1666, 1758 --Jefferson, City of; corporate limits, change ------------1667, 1758 --Jefferson, City of; corporate limits, change __..--.--._-__..1667, 1758 --Jefferson, City of; corporate limits, change .........__...___.__.1667, 1758 --Jefferson, City of; corporate limits, change ------------1667, 1758 --Commercial weighers; corn or small
grain; licenses .-----_-----------------------...,,----....--...1667, 1758 --Stone Mountain Judicial Circuit; Official
Court Reporter's salary ----------....------------..-....-..1668, 1759 --Brantley County; Superior Court
terms ..----------------.--------------1668, 1759, 1763, 1894, 2303 --East Point, City of; City limits,
change ----..-..--.-------1668, 1759, 1763, 1895, 2497 --Albany, City of; corporate limits,
change --------.,,.---------------..........1668, 1759, 1878, 1897, 2303 --DeKalb County; legal advertisement, publication ._.---- 1668, 1759 --House of Representatives; apportionment;
election from Representative Districts ------------......1669, 1759 --State Game and Fish Commission; Director's
compensation and expenses ..--.........--------------------1669, 1760
--Quitman County; Board of Education, selection of members ----------.--------________________ 1753, 1871, 2026, 2027, 2497
--Tallapoosa, City of; Tax for school purposes, levy -..----------------..___..----..----1753, 1871, 2026, 2027, 2497
--Gwinnett County; City Court, name changed to Civil and Criminal Court of Gwinnett County --------------....--------..-----1754, 1871, 2026, 2034, 2497
--Lee County; Treasurer's salary ........... .1754, 1871, 2026, 2028, 2497
2976
HB 689 HB 690 HB 691
HB 692
HB 693 HB 694
HB 695
HB 696 HB 697 HB 698 HB 699 HB 700
HB 701
HB 702
HB 703 HB 704
INDEX
--Lee County; Ordinary's salary ........... 1754, 1871, 2026, 2028, 2497 --Calhoun County; Sheriff's salary ........1754, 1871, 2026, 2028, 2498 --Vernonburg, Town of; Additional
commissioner, provide .__.._._____....__.__.1754, 1872, 2026, 2029, 2498 --Walker County; City Court Solicitor,
provide ___.__.._._________________.___.____1754, 1872, 2026, 2031, 2429, 2429 --Marion County; Sheriff's salary _______ 1755, 1872, 2026, 2029, 2496 --Decatur County; Small Claims Court,
create .........._._._..............._.._____________..___. 1755, 1872, 2025, 2034, 2498 --Ringgold, City of; water works and sewerage
system, extend .....__.....___._............_.___..1755, 1872, 2026, 2029, 2498 --Law libraries, certain counties ............1755, 1872, 2026, 2030, 2498 --State Employees' Retirement System; creditable
service, certain members ..................__....._..1755, 1872, 2025, 2116 --State Highway Department; additional
compensation for employees ........._..,,......._.._....___.._._.._ 1756, 1873 --Athens, City of; taxation, increase _._..._........._........_...... 1756, 1873 --Fishing licenses; honorary for totally
disabled veterans ..__.__.___..........__.........1756, 1873, 1877, 2053, 2497 --Homestead exemption; include home owned by
applicant but located en property not owned by applicant ........-............_...__....._._-.-..-..-...._......_..__........ .....1756, 1873 --Rossville, City of; corporate limits, extend ...................._.....-._._____........._1756, 1873, 2026, 2030, 2498 --Mountain Judicial Circuit; Court Reporter's salary .__-._-__._...-__._._...__.-...-...-..-...1756, 1873, 2026, 2030, 2498 --Supreme Court, Court of Appeals; distribution of laws, journals and reports _______.--___.____--.________________1870, 2021
INDEX
2977
Part Ml
NUMERICAL TABULATION
HOUSE RESOLUTIONS
HR 1 --House of Representatives; notify Senate that
House has convened __________ ___________________ _______,,_----_______..__17
HR 2 --General Assembly; notify Governor that General
Assembly has convened -___..__._____----------------__----------18, 41
HR 3 --House of Representatives; provide for Attaches
of House ....._..__-....------..........-.--------_.,,__------._._--------18
HR 4 --House of Representatives; adopt Rules of House ......__.__________._...19
HR 5 --General Assembly; joint session to canvass
election returns ..__.....__
___...--_____.__--...__..20, 42, 50
HR 6 --General Assembly; joint session to elect members
of Legislative Counsel ________.._..___...._.____________......._......__......20, 42
HR 7 --General Assembly; joint session to hear address
by Governor __._------------------_.....------------------21, 42, 52
HR 8 --House of Representatives; compensation, per diem,
of members _________------------------------------------------...21
HR 9-2 --Constitutional Convention; Congress urged to call
relative to apportionment _------_.--------___--------47, 70, 130, 179
HR 10-2 --Sweet, Steve; compensate ........____..__47, 70, 1675, 1776, 2304, 2378
HR 11-8 --Telfair and Wheeler Counties; convey state-owned
property .__...___...__--___--------_.--------------____65, 81, 132, 196, 1470
HR 12 --Fowler, Honorable J. Wyman; express sympathy
for passing of ..... ._------------_.... _.......__. _....._..............._.__...._______49
HR 13-21 --Oemler, Mrs. Isabelle C.; compensate ._______.------68, 83, 1675, 1776
HR 14-21 --Apportionment, House of Representatives; provide for ......68, 83
HR 15-21 --Terrell County; conveyance of certain real
estate ____.._________...__________._.._...____.___.___________._..____68, 83, 264, 294, 546
HR 16-JR 1--Edwards, Honorable Frank H.; Legislative
Counsel, election of __________________________.--.--.----_.._...----.....62
HR 17-25 --Cook, L. H.; compensate __._----______..70, 84, 1675, 1776, 2304, 2378
HR 18-27 --Keller, Walter L.;
compensate ....__----......_--.74, 89, 499, 552, 1681, 1706, 2120, 2377
HR 19-27 --Pitts, Cliff;
compensate ...________________.74, 89, 499, 552, 1681, 1707, 2120, 2377
HR 20-27 --Hamby, Howard H., Sr.; compensate _______.....__..___...............75, 89
HR 21-27 --Cobb County; incorporation of territory;
amendment to the Constitution _______________.75, 90, 131, 174, 2177
HR 22 --Civil and Criminal Procedure Committee;
create----------------------------------------71, 104, 149
HR 23-43 --Home Rule for Counties; provide; amendment
to the Constitution ---- __,,.___..__________.____78, 92, 500, 606, 609, 625
2978
INDEX
HR 24-43 --Lookout Mountain Judicial Circuit; establish law library ......_.-._._...__-.-.___.__.-_...___..__..-78, 92, 959, 973, 2178
HR 25-43 --Chancy, Mrs. Merle C.; compensate ______.__....___.78, 92, 1175, 1199, 1681, 1708, 2120, 2377
HR 26-43 --Darnell, Grover J.; compensate ________...._________..78, 92, 499, 553, 1681, 1708, 2120, 2377
HR 27-43 --Looney, George M.; compensate _.__-_...-____.__.-....__......____....--.__.78, 92 HR 28-43 --Dade County; conveyance of permanent
easements _...._..._.._....__.....-..-.....___.______.......__.79, 93, 264, 296, 1476 HR 29-43 --Wynn, C. Doston;
compensate ____________.._.__79, 93, 1175, 1199, 1681, 1709, 2120, 2377 HR 30 --Lambert, Mrs. E. R.; express sympathy for passing of -----....85 HR 31-56 --Home, John B.; compensate __......... 89, 103, 1675, 1777, 2304, 2376 HR 32-58 --Suit, Mrs. Mack;
compensate ........._____..99, 125, 1175, 1200, 1682, 1709, 2120, 2377 HR 33-61 --Emory, Leilia; compensate _.......__.............------......100, 125 HR 34-61 --Emory, Lula; compensate _._.............___.-.__.._..__.._.___.........._..__..100, 125 HR 35-61 --Kelly, Mrs. Nelly; compensate .________..__....___.......____......__..__.100, 125 HR 36 --Duncan, Honorable A. C.; duly elected
Representative from Fannin County _------.-._....-...___.,,--....__.....96 HR 37 --Lambert, Mrs. E. R.; express sympathy for passing of ____......____104 HR 38 --Webb, Master Donald; express sympathy for passing of --105, 132 HR 39 --Inspection of Motor Vehicles Act; create
committee to study ._--..._------....------_._--------.----..106, 173, 255 HR 40-84 --Fondren, Miss Kay;
compensate .................. 120, 167, 499, 553, 1682, 1710, 2120, 2377 HR 41-84 --Ginger Salads, Inc.;
compensate ...----........120, 167, 499, 553, 1682, 1711, 2120, 2377 HR 42-84 --Lee County Board of Education;
compensate ------.........120, 167, 499, 554, 1682, 1711, 2120, 2377 HR 43-84 --Mercer, Joseph B.; designate bridge ........121, 167, 311, 463, 2498 HB 44-84 --Mowry, Minnie B.; compensate ....__._......._____........__..__._....__..121, 167
HR 45-84 --Forsberg, E. C. A.; compensate .......__-.121, 167, 499, 554, 1682, 1712, 2120, 2377
HR 46-84 --Aikens, Lee; compensate ,,..,,._. _................_...._.. ......... 121, 167 HR 47-87 --Constitutional Convention; Congress urged to call
relative to apportionment -_____....-_.............122, 168, 173, 224 HR 48-87 --Cherokee County; conveyance of
state-owned property --.....-.-...-..........-.-...122, 168, 699, 784, 1190 HR 49-87 --Jones, Seaborn;
compensate ................122, 168, 499, 554, 1682, 1713, 2121, 2377 HR 50 --Home Rule for Counties; create Committee
to study .._._._-_--..-_--..--_-_,,___..___..-.___.114, 173, 254 HR 51-99 --Tarleton, William M.;
compensate ......................__154, 209, 1675, 1777, 1779, 2438, 2444 HR 52-99 --Spalding County; Superior Court, furnish
law books .------...--......---.--.--.-.-154, 209, 959, 973, 2499 HR 53-99 --Dysart, Frank C.;
compensate ..................154, 209, 499, 555, 1682, 1713, 2121, 2377 HR 54-101 --Durden, Henry W.;
compensate ................................155, 210, 1675, 1778, 2304, 2380
INDEX
2979
HR 55-101 --Goode, Mr. and Mrs. Guyton E.; compensate ....._..............._.____._.. 155, 210, 1675, 1778, 2439, 2444
HR 56-107 --Holy Bible; suspend sales tax ... ....____...__.._... 156, 211, 700, 775, 1399 HR 57-107 --Chapel of All Faiths, Milledgeville State Hospital;
suspend sales tax ...................................... 157, 211, 700, 777, 1400 HR 58-107 --Income tax; disallowance, methods of depreciation;
suspend ............___.........___...._....___.__._....____._..157, 211, 700, 792, 2499 HR 59-112 --Jones, Mrs. Thomas B.; compensate ...._._.._....___...._.._...158, 212, 499 HR 60-112 --Watson, Charles; compensate _...._..__...._............... ......_.......__.158, 212 HR 61-112 --Shedd, Donald H., Sr.; compensate .................................. 158, 212 HR 62-112 --Worley, Howard; compensate _........._..........._._............_._. 158, 212 HR 63-112 --Pless, Talmadge; compensate ...................................... ....... .159, 213 HR 64-112 --Vaughan, Loyt; compensate _______.._,,___.-...._..._._...._._._._._______.._ 159, 213 HR 65-112 --Marion County; Board of Education members; election;
amendment to the Constitution ___._..__.159, 213, 382, 436, 2499 HR 66-117 --Classroom teachers; declared professional people .......___160, 214 HR 67-117 --Bevill, Odis E.; compensate ._.... 160, 214, 1675, 1779, 2304, 2380 HR 68-117 --Grogan, Jack D.;
compensate ....... .... 160, 214, 959, 1072, 1682, 1714, 2121, 2377 HR 69-117 McCorkle, H. F.;
compensate ........ 161, 214, 1175, 1200, 1682, 1715, 2121, 2377 HR 70-117 --Clifton, C. R.;
compensate ....... . . 161, 214, 499, 555, 1682, 1715, 2121, 2377 HR 71 --Spell, Honorable J. H.; express sympathy for passing of .... 143 HR 72 --Hawking, Trooper J. L.; Hopkins, Corporal A. H.;
commend _...._....-----.....-.-_---..--------.----__-..._--....___---_.__. 144, 265 HR 73 --Basketball game; General Assembly vs. Atlanta
Jaycees ........_..-......_..-.....___........-__.-..-..._.._......_.._......___.__..__.144, 265 HR 74 --Hall, Honorable H. Goodwin; wishing speedy recovery ___________147 HR 75 --Cloud, Hubert C.; express sympathy for passing of ...______-......147 HR 76 --Gibbons, Honorable W. J.; express sympathy for passing of _.__148 HR 77-120 --Holland, H. G.;
compensate ................161, 215, 499, 555, 1682, 1716, 2121, 2377 HR 78-120 --Couch, Mrs. Emma C.;
compensate .......__..__ 162, 215, 959, 1074, 1683, 1717, 2121, 2377 HR 79-120 --Burgess, J. Harvey;
compensate ........... .. 162, 215, 499, 555, 1683, 1716, 2121, 2377 HR 80-120 --Phillips, Paul E.;
compensate ....... ....... 162, 215, 959, 1076, 1683, 1718, 2121, 2377 HR 81-121 --Murr, Jack; compensate ....... ......._.........._........__......._...162, 215, 1675 HR 82-121 --Juhan, Arthur;
compensate ............ ...... 162, 215, 499, 556, 1683, 1718, 2121, 2377
HR 83-121 --Roberts, Ted; compensate ........
162, 215, 499, 556, 1683, 1719, 2121, 2377
HR 84-121 --Craig; T. W.; compensate
. 163, 216, 499, 556, 1683, 1720, 2122, 2377
HR 85-121 --Bembry, Hiram; compensate ............... 163, 216, 499, 557, 1683, 1720, 2122, 2377
HR 86-121 --Evans, Mr. and Mrs. Albert; compensate .. ... 163, 216, 1175, 1201, 1683, 1721, 2122, 2377
2980
INDEX
HR 87-121 --Ray, Mrs. Venta L.; compensate ....__..____.__..________........ ..... 163, 216
HR 88-121 --Ray, David 0.; compensate _.._..._......__..._._.______...______...._.... 163, 216
HR 89-123 --Graham, Edward P.;
compensate _________________ 164, 216, 499, 557, 1683, 1722, 2122, 2377
HR 90-123 --Ryder Truck Rental, Inc.;
compensate ..._.______._.__.. 164, 216, 499, 557, 1683, 1722, 2122, 2377
HR 91-123 --Hill, Wilma C.; compensate ....................................._ ...__.____._164, 217
HR 92-123 --Kinnard, Charles N.; compensate ................... ...........164, 217
HR 93-123 --Phillips, Eulalie; compensate _.-._-___..___...-........_........__...._...164, 217
HR 94-123 --Beaty, Dwight M., Jr.;
compensate .........___..__..164, 217, 499, 558, 1684, 1723, 2122, 2377
HR 95-123 --Stewart, Jet; compensate ..._........_...__..._._......_.............. .....165, 217
HR 96 --Russell, Senator Richard B.; invite to address
Joint Session ....___._____.......... ....._..___._............._....._.........___....198, 265
HR 97 --Talmadge, Senator Herman E.; invite to address
Joint Session __________ __________________________199, 265, 293
HR 98 --Dodd, Trooper W. E.; commend ___________________________ 200, 270
HR 99 --Veterans Administration Domiciliary; relative to
closing at Thomasville, Ga. ____....____.___..____._.
..200, 270
HR 100 --Baggett, Honorable Jesse J.; express sympathy
for passing of
_.........__.____.._..... ........ 202
HR 101-133 --Bryan, Mary Givens; authorize painting,
portrait of ___________...._....._._____..____..,,.. 208, 263, 959, 1100, 1470
HR 102-133 --Berrien County; ad valorem tax, expansion of industry;
amendment to the Constitution ____ ...... 208, 263, 382, 448, 2177
HR 103-133 --Seventeen Mile River; designate ..... _ 208, 263, 289, 317, 642
HR 104 --Veterans Administration Domiciliary; committee
to study closing at Thomasville, Ga. _...._......_..
203
HR 105 --Pierce County Industrial Development &
Building Authority; create, amendment to
the Constitution ________________ 208, 263, 382, 440, 2177
HR 106-135 --Telfair County; conveyance of certain
state-owned property ......___________. 258, 285, 503, 576, 1470
HR 107-138 --Apportionment; House of Representatives; provide,
amendment to the Constitution ........ ............. 259, 285
HR 108-138 --Dougherty Judicial Circuit; furnish
certain law books ............... ......... . ... 259, 285, 544, 645, 1182
HR 109 --Lee, Joseph W.; commend ...._....._........................_...._....._..... 218
HR 110-139 --Sumter County; conveyance of tract of
state-owned property ...... ......_.......... 259, 286, 503, 571, 1470
HR 111 --Alumni Society, University of Georgia; commend ... .......253, 271
HR 112 --Appropriations Committee; adjournment for budget study --254
HR 113
--Home Rule for Counties; amend HR 50 creating committee to study ____._.__.... .....
.......... 269
HR 114
--Hiles, Honorable Ed; invite to address House of Representatives ........................ . ... ... .
269, 324
HR 115
--General Assembly; adjournment for Budget study by Appropriations Committee ......................270, 271, 275
HR 116-149 --Planning and zoning ordinances; counties, municipalities; amendment to the Constitution . ._. ............. 278, 306, 641, 726
INDEX
2981
HR 117-149 --Savannah District Authority; change name
to "Savannah Port Authority"; amendment to
the Constitution _____..._____..__.__.______.._____.278, 300, 306, 382, 431, 963
HR 118 --Boyd, Mr. Darwin H., Jr., express sympathy for passing of ... 289
HR 119 --Joint Session to hear proposed State Songs ___.__._.______..___.__-290, 313
HR 120 --Carrollton Hi Trojans; commend __..__.___.____.__..___.___._.____.-__________.291
HR 121 --Motor pool interagency; create Committee to study ..._.--....... 292
HR 122-192 --Cherokee County; conveyance of certain
State property ._-_--_._ 303, 379, 699, 811, 1400
HR 123-192 --Kennedy, J. Cliff, Reverend Reid B. Purcell
Bridge; designate ___.____.___.___________..___________..303, 379, 500, 564, 1471
HR 124-192 --Kennedy, Honorable Henry C.;
compensate ... . ............ 303, 379, 500, 566, 1684, 1724, 2122, 2377
HR 125-208 --Pridgen, George W.; designate roadside
park
_..,.-..___. 371, 410, 502, 512, 1308
HR 126 --Taft-Hartley Act; request Congress to continue
in full force ....____.._____._________.___.._____.._-........ 321, 1396, 2339, 2499
HR 127-212 --Justices, Solicitors-General, Attorney General,
certain Judges; qualifications; amendment
to the Constitution ___.__.._____________...___.________._.__ _-.__....._-_...___372, 411
HR 128-212 --Constitutional Convention; relative to
apportionment ____._____.._...._,,._._._____-__---.___.372, 411, 500, 605, 1680
HR 129 --Churchill, Sir Winston; express sympathy
for passing of ....._...._...._,,...-....._............ ............. 322, 415
HR 130 --Smith, Honorable and Mrs. George L. II;
wishing speedy recovery ___________________---___,,__-_.___---__--...____-- 323
HR 131-218 --County Surveyors; abolish office; amendment
to the Constitution .. ._...._,,-___...._.__ .373, 412, 905
HR 132-229 --Counties, municipalities; repairs of certain property;
amendment to the Constitution ........__.__....375, 414, 545, 650
HR 133-230 --Write-in Candidates; notice of candidacy; amendment
to the Constitution ._ . ........376, 414, 544, 666, 2250, 2284
HR 134 --Callaway, Honorable Howard "Bo",
invite to address House .__--._--.,,-._----,,..,,_---_--.....--_--_--383
HR 135 --United States Congress; relative to apportionment __,,._._______...383
HR 136 --Lee, Mrs. Lillie S.; express sympathy for passing of ________ .__.__385
HR 137 --Brooks, Mrs. Wilson; express congratulations ,,_.___.--_-__._.___...__385
HR 138 --Douglas County Football Team; commend ___.__.___._--__-_______-_..__~__386
HR 139 --School bus service to day students above high
school level; create committee to study _..___.._..._____....__--__-____._._.390
HR 140 --Schools; 12 month school year;
create committee to study ___.__-.______.__.__.._.__________.391, 2295, 2343
HR 141 --Sex crimes and offenders; create committee to
study problems .....______.____.-..._____.392, 415, 961, 1203, 2178, 2210
HR 142-244 --General Assembly; compensation of members; amendment to the Constitution ,,______----___---_--_.__--____.--406, 476
HR 143-247 --Fulton County; transfer of certain real property ___.______________________.__.___________.407, 476, 503, 570, 1471
HR 144 --Municipal Officials; welcome ..._.________-______.___.________.__-_____._______386
HR 145 --Blakely Hi Football team; congratulate _~_________._-________.___._.___._387
2982
INDEX
HR 146 --WMAZ-TV & Mr. Howard Absalom; commend ________..__._.._________._388
HR 147 --Indigent Defendant Study Committee; create ... 393, 415, 961, 976
HR 148 --Williams, Mrs. Harry B., Jr.; State Election Board ____..______..._... 452
HR 149-276 --Clarke County; conveyance of certain land _----.----_--___.472, 495
HR 150 --Macon Telegraph and News; express appreciation __..._.__.481, 546
HR 151 --Page, Robert; Future Farmers of America, Vice President ....481
HR 152 --Teachers' work day; rescind certain orders .........--.___.--.___________482
HR 153 --Interstate Commission; provide to study standards
of education
-..._._.....,,___________.___._.___ .________._______________.._483
HR 154 --Veterans and historical graves; deploring acts
of vandalism _.__...-.-__._......._.._._.._.._..___ 484, 547
HR 155 --General Assembly, adjournment, February 26, 1965;
relative to apportionment __.-.,,._-_____..........--.-...--______..........486
HR 156 --Election Laws Study Committee;
create .... ...487, 497, 835, 993, 2429, 2429
HR 157 --Gillis, Honorable James; commend _____,,________.-..._.__..............._____485
HR 158 --Clark, Honorable Joe T.; congratulate __.___.__-__._........._...___..__._._ 485
HR 159-303 --Columbia County; Superior Court Clerk; furnish
certain law books ____________.._____.___.___.___.____.530, 633, 959, 973, 2044
HR 160-313 --Jenkins County; Ordinary; furnish
certain law books ..__.____----.______.,,... 533, 635, 959, 972, 2302
HR 161-313 --Echols County Development Authority; create;
amendment to the Constitution ....... 534, 635, 961, 1078, 2177
HR 162 --Mercer, Mr. Johnny; requested to compose
State Song ___._......___._______.___._._...____._..__.__.._. 513, 643
HR 163-315 --Budget Bureau; Appropriation control; change;
amendment to the Constitution ____.__...-__._._------.....___.534, 635
HR 164 --Johnson County; State Board of Education;
overpayments _..._.. .__..__,,_,,.._..._._.___. 515, 542, 961, 1100, 1476
HR 165 --Murphy, Honorable Thomas B.; State Real Properties
Control Commission .............._____________.________.._______________.___.514
HR 166 --Dennis, Dr. William H., Jr.;
express sympathy for passing of .__._...._______._.--...--.___.___.__....B14
HR 167-354 --Cook County Industrial Development
Authority; create; amendment to the
Constitution ......_..._._........_____......._.___ 626, 690, 903, 916, 2177
HR 168 --Georgia State College; commend ___.._._..
558, 704
HR 169 --Industrial Safety Committee; create .--___..--..-..- 559
HR 170-372 --Columbus-Muscogee County Port Development
Commission; create; amendment to the
Constitution .. ..._......__..___.__.630, 693, 961, 1085, 1090, 2146, 2224
HR 171 --Aaron, Honorable Tommy; commend .__.....____,,,,_________________._.....561
HR 172 --Stephenson, Mrs. J. J., Jr.; commend __,,......-- .---------. 563
HR 173 --Statewide Plumbing and Electrical Code; create
committee to study ____._.._ ________..___._____...._..____.__._._ 563, 1678, 1934
HR 174-392 --Apportionment; unicameral legislative body;
amendment to the Constitution .............._..._...._....___..__._._.686, 747
HR 175 --Lockheed Georgia Aircraft Corporation;
underpass . .----,,._-__,,
649, 696, 765, 1471
HR 176-398 --Swainsboro, City of; lease agreement,
certain property ..................... ................687, 749, 962, 1113, 2306
INDEX
2983
HR 177-407 --Lieutenant Governor; Department of Industry and Trade; amendment to the Constitution _.-__----.------689, 750
HR 178 --Dailey, Honorable J. T.; wishing speedy recovery _._.._____________ 650 HR 179 --Maloof, Honorable Charles N., congratulate ------..------.720, 2499 HR 180 --Lee, Mrs. Richard E.; express sympathy for passing of ,,____....720 HR 181 --Robins, Gerald B.; commend _.- _____ __-__-._--__----.. .._..__721 HR 182 --Civil and Criminal Procedure; create
committee to study _...__------.------_-_.___-722, 961, 977 HR 183-418 --Fulton County; conveyance of certain
state-owned property - _ _ _ .746, 828, 962, 1099, 1471 HR 184-423 --Madison County Industrial Development and
Building Authority; create; amendment to the Constitution _------._------_..-.._.___.__--..._..747, 829, 903, 909, 2178 HR 185-425 --Jenkins County; convey certain property ___________ _....________------___.__.._-_______822, 896, 962, 1416, 2306 HR 186-439 --Elections; freeholders in bond elections; amendment to the Constitution __.._____----__.________--825, 899, 903 HR 187 --Rhodes, Honorable J. R., Jr.; congratulate __,,___------....__________766 HR 188 --Moorman, Dr. Jimmy W.; wishing speedy recovery ______.___._--.767 HR 189 --Bennett, Larry; wishing speedy recovery .------.--,,.----._______.768 HR 190 --General Assembly; committee expenses ,,..__._.--.--_....._._...........__.....769 HR 191 --Saye, Dr. Albert B.; commend ___----_.....-__--____________________770 HR 192-454 --Winder, City of; sewer lines through Fort Yargo State Park _______.-_______.._ 890, 954, 962, 1097, 1471 HR 193-475 --Marietta, City of; tax for education; amendment to the Constitution _------_____-____------.894, 957, 1034, 1092, 2306 HR 194-478 --Legal advertisements; local legislation; amendment to the Constitution _________----____. __895, 957, 1033 HR 195 --Pye, Mrs. Durwood; express sympathy for passing of __.___845 HR 196 --Tate, Honorable Alfred W.; commend __________________846, 1471 HR 197 --Head, Dr. Douglas L.; express sympathy for passing of ----847 HR 198 --Moore, R. P.; sympathy for passing of _------__._____._--___________847 HR 199 --Milner Confederate Cemetery; caretaker --_--___--__.,,-848, 900 HR 200 --Warsaw Convention; urge Congress to renunciate ------ ._-_.-- __...-849, 961, 975, 1471 HR 201-485 --Cook County; conveyance of certain state-owned property _----_._,,--..______ 950, 1028, 1467, 1656, 2306 HR 202 --Polk County Home Demonstration Club; commend .__..___,,_.._. .924 HR 203 --Macon TV Station WBML; commend ______....__,,___,___----..____._.,,_ 974 HR 204-521 --Farm implements; ad valorem tax, exemption; amendment to the Constitution --,,--_----____--____________..1022, 1172
HR 205 --Teachers' salaries; create committee to study _-.____..___._------.____.978
HR 206
--Traffic Safety; create committee to study ___.__----______________--978, 1030, 1307, 1320, 2432, 2436
HR 207
--Georgia Industries; urge State to purchase Georgia products .______.__--_._______--________--_...._._________.________974
HR 208-551 --"Georgia Is The State For Me"; adopt as new official State Song .._____----,,.._------___..._.______..-__.1163, 1297, 1396
HR 209-557 --Counties; self-government; amendment to the Constitution _------___,,----_____----.--_____________1165, 1299
2984
INDEX
HR 210-558 --Cobb County; convey site for Georgia
Air National Guard Armory _...__.._ 1165, 1299, 1467, 1727, 2302
HR 211-558 --Glynn County; convey site for Georgia
Air National Guard Armory ___..____.1165, 1299, 1467, 1658, 2302
HR 212-569 --Tax levy for education; millage limitation;
amendment to the Constitution ____________________________...________1167, 1301
HR 213-569 --Terrell County Board of Education; members;
School Superintendent; election; amendment
to the Constitution -._..---........... 1287, 1389, 1397, 1628, 2499
HR 214 --Medicare; urge Congress to oppose . ...-- --_--_............._................ 1201
HR 215-576 --Grady County; conveyance of
certain property _..____._........__..___._.___..1167, 1301, 1307, 1652, 2302
HR 216 --School; freeze salaries of certificated
personnel for next biennium ._...,,._,,..___._.._..__.__._...___...__ _.._ . 1204
HR 217 --Turpin, Victor H.; express sympathy for passing of
1205
HR 218 --O'Neill, William H.; congratulate ...........___....___.... ........__...1206
HR 219 --Turgeon, Roy W.; commend ..........._.._1206
HR 220 --Campbell, Miss Anne; congratulate _..._____..... ....................1207
HR 221 --House of Representatives; relative to personnel
and committees
.
.. ......... 1208
HR 222 --General Assembly; expenses of members . . ._........ 1210, 1678
HR 223-600 --Baker County Industrial Development
Authority; create .............................1293, 1393, 1677, 1906, 2499
HR 224-609 --Bibb County; release Ernest Geone, Jr.,
from all fi. fas. .......................................1294, 1394, 2024, 2129
HR 225-612 --Special Fire Insurance Committee on Underwriting
Practices, create ..........1295, 1394, 1764, 1959, 2251, 2276, 2297
HR 226-627 --House of Representatives; apportionment, political
subdivisions; amendment to the Constitution ....1385, 1461, 1465
HR 227 --Red Devils; commend _....._,,__.,,._.____._..,,_._...._......_.._,,._,,.___ 1321
HR 228 --Mundy, Bill; express sympathy for passing of ____________1322, 1471
HR 229 --Morgan, Samuel H.; express sympathy for passing of .._.___._.1324
HR 230 --Day Nursing Program; create committee to study .. _ _ 1324
HR 231 --Minimum Foundation Program of Education; local
financial ability; create committee to study _................... 1325
HR 232 --Business firms; urged to reexamine personnel policies ..........1326
HR 233-640 --Baldwin County; conveyance of
certain land _._____________.__________________.___1388, 1463, 1679, 1862, 2303
HR 234-648 --Timber, Farm products; ad valorem property tax;
amendment to the Constitution ,,..._..___.____....._..............1458, 1607
HR 235-652 --Echols County Board of Education; appointment;
amendment to the Constitution ______.1601, 1669, 1677, 1912, 2499
HR 236-654 --Miller County Development Authority; create;
amendment to the Constitution .....__.1602, 1670, 1677, 1915, 2500
HR 237-656 --Atlanta-Fulton County Local Government
Commission; establish ...._....,,..__..__......1602, 1670, 1677, 1780
HR 238-657 --Education costs; create committee to
study ....... 1603, 1671, 1678, 1836, 2251, 2278, 2297, 2344, 2360,
2419
HR 239-659 --Cobb County; conveyance of certain
State property ___________________ ....
.1603, 1671, 2025
INDEX
2985
HR 240-665 --Tax Laws; create committee to study ....--------.------...--1606, 1672, 1764, 2003, 2304, 2388
HR 241-677 --Lowndes County; convey certain tract of land --------------------.----1667, 1758, 1764, 1967, 2302
HR 242 --Wilhoit, Lyn; congratulate ,,.__....____..._----..___-_----_1689 HR 243 --Lawson, Coach Harbin; congratulate --...------------1689, 1880 HR 244 --Rowan, Senator and Mrs. Bobby; congratulate ----------------1690 HR 245 --Lockheed Georgia Aircraft Corporation; Air
Force C-5A Transport Contract ----,,.....-- ,,......__.----....._.._ 1691 HR 246 --Telephone Ladies; express appreciation ----.....------_..----_...... 1692 HR 247 --State agencies and departments; urged to economize .------.1692 HR 248 --Fulton-Atlanta Court Study Commission; commend ..1693, 1880 HR 249 --Kelly, Honorable Roy; commend -......----_--------_--....--------1694 HR 250 --Bynum, Knox; commend _--__......--_--_--....--------.-....--------.1695 HR 251 --Knight, Honorable William D.; congratulate __.._..------____......1696 HR 252 --University System of Georgia; Dormitory regulations;
create committee to study ------------..--------..... --.----.1698 HR 253 --Public hospitals and institutions; cost of care;
create committee to study ,,--------____.. .. .... 1699, 2174, 2342 HR 254-680 --Baldwin County; conveyance of certain
state-owned property -.___.._...........,,____....... ..,,._.----......1668, 1759 HR 255-582 --Industrial Safety; create committee to study ..----------.1759 HR 256 --House of Representatives; apportionment;
completion of 1965-66 term _..----_......,,......----.......... 1700, 1933 HR 257-696 --Rural lands; taxation; create committee to study --...1755, 1872 HR 258-703 --Crawford County Board of Education;
school superintendent; amendment to the Constitution .......___.-___.....---1757, 1873, 2026, 2035, 2500 HR 259 --Davis, Honorable Truitt; congratulate .----------.--------------1781 HR 260 --Highways; construction and maintenance; create committee to study distribution of funds --------------___1922 HR 261 --Odom, Ellen Payne; express appreciation ,,.._...------.--........1922 HR 262 --George, James R.; commend .------.--...------------ ..1923 HR 263 --Coker, Honorable Grady N.; commend ......----._.......--------.....1924 HR 264 --State and local tax; create committee to study ----.--.--------1925 HR 265 --Ball, James A.; commend __........___.....----......--.--..----1926 HR 266 --Cheney, Honorable Wylie W.; express sympathy for passing of ----___._.__.------..__.._----.1927, 2305 HR 267 --Guyer, Honorable Charles; commend ..--_.......------------._..._ 1928 HR 268 --George, Walter F., Reservoir; change name to Lake Chattahoochee --------.._.____.------... ..1929, 2305, 2388 HR 269 --Savannah, City of; transfer site of Public Health Service Hospital __...--------__..-..----......--_.....1930, 2305 HR 270 --Oconee Wildlife Refuge, protest establishment --1935, 2296, 2340 HR 271 --Economy, Reorganization and Efficiency in State Government Committee; study recommendations ------.___.. 1936 HR 272 --Ad valorem property tax; create committee to study ..------1937 HR 273 --LaGrange Hi Grangers; congratulate --_______ ___._.------------_1932 HR 274 --Maloof, Honorable Charles N.; congratulate .__..-- ....... 2046 HR 275 --Bagby, Honorable George T.; commend ----------------...... 2047 HR 276 --Murphy, Honorable Tom B.; wishing happy birthday ...... 2048
2986
INDEX
HR 277 --Lovett, Honorable W. Herschel; congratulate . ._.____________... 2186
HR 278 --General Assembly; compensate ............. 2187
HR 279 --Jones, Honorable Fred; congratulate ............_._.._.__________.._________.2186
HR 280 --Hearn, Major General George; commend
.... 2316
HR 281 --Mercer, Johnny; express appreciation ... . ....________.__. ..... 2317
HR 282 --Williams, General John K., Ill; commend
......._._.__
2317
HR 283 --Special Fire Insurance Committee on Underwriting
Practices; create ..... .....__.__._..____....__.__..__.________._________....________. 2319
HR 284 --Hayward, Susan; express appreciation ................................. 2^2Q
HR 285 --Cherokee Hi Basketball Team; commend ............. ...____._________..2321
HR 286 --Ballard, Honorable Don; commend ..._._..__.__......._...._.............. 2322
HR 287 --Georgia Free Enterprise Week; designate for
week of May 2-8, 1965 _....._............. ....... .... ....................... 2323
HR 288 --Gillis, Honorable Jim, commend __..._.'. ............._._........__....__. 2323
HR 289 --Pickard, Honorable Mac; commend .....__....._._.... -- .__.._.____ 2324
HR 290 --Perry, Honorable Eldridge; commend ...................._...-- ._.--._.... 2325
HR 291 --Black, Honorable Lucius; commend ._......................_...... ......2326
HR 292 --General Assembly; compensation; create
committee to study _._..._........_.......__._... ......._........._._.._... ............2326
HR 293 --House Clock; Speaker authorized to impound .--.--......_.__..... 2327
HR 294 --Waits, Mrs. Hildred; Mrs. Lola Downs;
expressing appreciation to ___......._...................._._........._.... 2327
HR 295 --Moore, Honorable John H.; commend .........__....,. .___.__.............. 2328
HR 296 --Barber, Honorable Mac; commend _........___..__..._._............. .......... 2328
HR 297 --Woodruff, Honorable Thomas E.; deploring
atrocious murder of .... ......_............_....._............_....._......_..._.... 2329
HR 298 --Perry, Mrs. Eldridge; commend _._.._....._._... ..___...___.__..___.. 2330
HR 299 --Cherokee Hi Warriorettes; commend ................_..............._..__.2331
HR 300 --Steis, Honorable William B.; congratulate ....................... .2332
HR 301 --Ford, Mr. Charles; express appreciation ...._..___.........--........._.. 2332
HR 302 --Legislative Counsel Office; express appreciation .............._______2333
HR 303 --Fortson, Honorable Ben W., Jr.; Honorable Joe N.
Burton; express appreciation ..........._.. ........ ...._...._........._.. 2333
HR 304 --Woodruff, Honorable Thomas, express
sympathy for passing of _________._______..._....._..__,,-_.._.._________,,_ ..2334
HR 305 --Tax structure, State and local; create committee to study .... 2335
HR 306 --House Appropriations Committee; amend H. R. 112 _...____.____.2336
HR 307 --General Assembly; sine die, 11:35 P.M.,
Friday, March 12, 1965 __..________..__.___..._............ 2336, 2500, 2501
HR 308 --Ray, Honorable Jack B.; Honorable James E. Young;
Honorable George B. Hamilton; express
appreciation to --.--.--..--__-_______________--____________----_-...--_-_.__2336
HR 309 --Smith, Speaker and Mrs. George T., express appreciation ... 2337
HR 310 --Gowen, Honorable Charles L., express appreciation _______.__..__. 2337
HR 311-704 --Secretary of State; survey of certain property ......................2293
HR 312 --Parker, Mr. Albert; expressing appreciation to .......__.__.... 2338
HR 313 --House of Representatives; request Federal Court to
allow certain members to continue to serve .-..._.._,,._.__..__ -2476
INDEX
2987
Part IV
NUMERICAL TABULATION
SENATE BILLS IN HOUSE
SB 2 SB 4
SB 5 SB 6 SB 7
SB 8 SB 9 SB 12 SB 13 SB 15 SB 17 SB 18 SB 19 SB 20 SB 22 SB 23 SB 26 SB 27 SB 28 SB 29
--Georgia Sale of Checks Act; Checks, drafts, money
orders; license required for selling ___.. 700, 704, 750, 960, 1150
--Home Rule for Municipalities; provide
for __.... 415, 416, 478, 1033, 1333, 1426, 1427, 1770, 1781, 2123,
2145
--Lithonia, City of; Mayor and Councilmen,
qualifying fees ...._........
. _ 271, 287, 311, 383, 424
--Veterinarians; practice of medicine;
regulate ,,__. ..___.,,___.____.____......__...____.- 755, 756, 829, 901, 1147, 1309
--Georgia State Scholarship Commission;
create ...... 700, 704, 751, 962, 1103, 1134, 1194, 1939, 2119, 2363,
2381
--Georgia Higher Education Assistance Corporation;
create ......700, 704, 751, 962, 1107, 1194, 1940, 2119, 2363, 2382
--Motor vehicles; punishment for
larceny __...__.....__..__..._...._.__.....__.._._...___...__755, 756, 829, 1677, 2162
--Elections; assistance by poll officers and
Assistant Managers .-__-__-__...____._.,__...._..--_. 264, 265, 287, 312, 454
--Elections; procedure for Absentee
Ballots ____...___.....___....___...___..___...__...._._.264, 266, 287, 699, 925, 1309
--Teachers' salaries; basis for minimum schedule .--.300, 305, 381
--Atlanta, City of; Fire Department, maximum
pension benefits -.__._-__..._._..._____-__.____..____.271, 287, 311, 545, 646
--Atlanta, City of; Pensions for officers who fail to be
reelected or reappointed __..-__..._____..--_._.._..271, 288, 311, 545, 647
--Atlanta, City of; Advisory Committee,
expenditure of funds __..._____._._______,________._.... 271, 288, 311, 545, 647
--Atlanta, City of; Police Department; maximum
pension benefits .___-..-___..-___..___...____-..__..-__.271, 288, 311, 545, 647
--Teachers' Retirement System; Board of Trustees;
additional members _.__.644, 648, 695, 698, 901, 1114, 1159, 1443
--Cosmetology, State Board of; increase
number of members __._--,,_..................1771, 1888, 2021
--Senators; election on a District basis .........._...__..1614, 1686, 1760
--Milledgeville, City of; Mayor's term
of office -..______~...___._-...__-...__....-___-497, 512, 542, 2026, 2038
--Law; statutory definition of practice;
repeal __...-__..._-_..._-_-..-__-___..__._.._-...__...._755, 756, 830, 1033, 1970
--Atlanta, City of; Municipal Court, Chief
Deputies' salaries _...__-...___...-_...._.___.____.._497, 512, 543, 1762, 1898
2988 SB 30 SB 31 SB 32 SB 33 SB 34 SB 35 SB 38 SB 39 SB 51 SB 54 SB 55 SB 56 SB 57 SB 58 SB 60 SB 61 SB 62 SB 63
SB 64 SB 65 SB 67 SB 70 SB 72 SB 75 SB 76 SB 79
INDEX
--Fulton County; Sheriff's sales,
places held _.__________,,___________.__..__....__ .497, 513, 543, 698, 706
--Pulton County; Chief Deputies of the
Ordinary, salary _______.......497, 513, 543, 1762, 1898
--Pulton County; Fire Protection System payment,
from general funds -.__._.__.__.._._.-...._,,_..498, 513, 543, 698, 706
--Local Planning Commissions; counties, municipalities;
create ..____._.___.__.___._._.___.________...1191, 1194, 1302, 1677, 2157, 2298
--Hospital Advisory Council; selection of
members
..........__...__.__..701, 705, 751, 960, 2007, 2119
--Public Health, Department of; control of
ionizing radiation ..______.____. _...__.._. 546, 547, 641, 905, 1010
--Georgia Administrative Procedure Act;
amend ............. ......... ._ ...... ... 755, 756, 830, 1614, 1963, 2250
--Owls; prohibit hunting
1308, 1327, 1395, 2173, 2272, 2433
--County officials; conflicts cf interest 644,648,696,1677,2045
--Inspection of Motor Vehicles Act; inspection prior
to sale to general public _._..._............_.--.........644, 648, 696
--Banks and trust companies; capital notes and
debentures __.......___.....__...._.__.......__.....1309, 1327, 1395, 1465, 2247
--Superintendent of Banks;
salary .__...._..___._..___..._____646, 547, 641, 960, 2271, 2358, 2384, 2418
--Uninsured motorists; venue of action _........._.__.._...1681, 1686, 1760
--Savannah, City of; Board of Education; eligibility
for reappointment ._.............._________.644, 648, 696, 835, 840, 1193
--Atlanta, City of; Street
improvements ___._____..._____.._____.__.______..1192, 1194, 1302, 1762, 1898
--Tax Digest; names of colored listed
separately ....._.._........_.......___......__......._......._.__...._.....1684, 1772, 1874
--Destruction of records; governing authorities
authorized to order ..........___....____._...1309, 1327, 1395, 1614, 2114
--Railroads; employees not responsible for blocking of
crossings ................ 1193, 1194, 1302, 2026, 2351, 2392, 2407, 2428,
2440, 2500
--Roswell, City of; Corporate limits,
change _....._._._......_._......_..__......._._....___......701, 705, 751, 1763, 1899
--Certified Public Accountants;
qualifications _._.___._.._______.._._.____________704, 706, 752, 834, 991, 2494
--Alimony; revised upon change in financial
status .............. .._......_.___......_.__......__......_.___.-...........1771, 1888, 2022
--Savannah, City of; Municipal Court Judges and
Associate Judges, salaries ___......._...._.._.. 701, 705, 751, 835, 840
--Solicitors-General Retirement Fund; computation of service .... -,,.--.- .1401, 1402, 1464, 1465
--Elections; Presidential Electors; where printed on ballot; use of vote recorder ___._...______1612, 1643, 1672, 1878, 2234, 2306
--Pardons and Paroles; arrest and bail of conditional releasee .....__._._.....____....___.....701, 705, 751, 1033, 2005
--College Park, City of; Alternate pension plan for employees .............._......__....._......._....701, 705, 751, 1178, 1315
SB 80 SB 82 SB 83 SB 87 SB 88 SB 90 SB 91 SB 93 SB 96 SB 98 SB 99 SB 100 SB 102 SB 103
SB 106 SB 107 SB 108 SB 109 SB 110 SB 111 SB 113 SB 114 SB 115 SB 116 SB 120
INDEX
2989
--College Park, City of; Employees' pension benefits _.___...__..___..__...__....__..__....701, 705, 752, 1763, 1900, 2250
--Bail bond; release of defendant; recovery of personal property ____.__....___..._...._.._____..1401, 1402, 1465, 1677, 2267, 2297
--Forest Park, City of; Personnel Department, create -..._...__-..-_._-.....__..__.-.._...._.__...___.._-.755, 757, 830, 961, 970
--Secretary of State; designate employees as agents for accepting service of summons ____.___1191, 1194, 1302, 1614, 2265
--Pulton County; Traffic Court, Judges and Solicitor, appointment and tenure ..__._.......-.._..-.. 834, 842, 900, 1306, 1407
--Trade secrets; unlawful to steal or unlawfully obtain _...__......_.............. __. 1681, 1686, 1760, 2294, 2405
--Claims Advisory Board; filing of notices and introduction of resolutions .__....._...__...._........___...._. 1401, 1402, 1465, 1677, 2232
--Elections; public officials, November election .. _. .._.... _. .. _. ..... 1612, 1643, 1672, 1762, 1961, 2118
--Marriage; remove disability, impotency _____..____.___..___.____._.___.1684, 1772, 1874, 2173, 2354, 2418
--Milk Control Act; legislative intent _...-_.___.__..-__.-.._-..-_.-.-,,,,__..._-....-.. 959, 963, 963, 1030, 1969
--Floyd County; Employees' Pension, qualifying requirements __..._-...__-..__...-._..-.........1191, 1195, 1302, 1306, 1409
--Banks; capital stock; par value of each share __...._..__..._..._...._..-_._..___._1191, 1195, 1302, 1465, 2057, 2298
--Metropolitan Atlanta Rapid Transit Authority; create __.._._._________...____.905, 906, 958, 1179, 1749, 2045
--Atlanta, City of; Flouridation of Public Water System ..._........905, 906, 958, 1762, 1905, 2046, 2118, 2288, 2389, 2392, 2452
--Abandonment of children; penalty ... 1614, 1686, 1760, 1762, 2059 --Horse stealing; punishment ___.__________..__.____1191, 1195, 1303, 1677 --Landowners; land and water areas available
to public __...-___-_...._-.._-...___..__._-.__....1612, 1643, 1673, 1678, 2133 --Superior Court Judges; General Retirement
Fund, create _..._...-..___.._...-.._.._....____-..._.-._._..1771, 1888, 2022 --Solicitors' General Retirement Fund; credit for armed
forces service __._._.___.______-. .__1685, 1687, 1760, 2173, 2269, 2297 --Richmond County; Treasurer's
salary ._...__....._..-__..._..._-_._-.-..._...__-..__-1470, 1643, 1673, 1763, 1899 --Banks; capital stock; additional stock offered first
to stockholders ..._.......-_..._.....__..._..__.1191, 1195, 1303, 1465, 2064
--Ogeechee Judicial Circuit; Solicitor-General's salary ......_..__...___........._...._...___..__...-.....1191, 1195, 1303, 1466, 1627
--Felonies; punishment reduced upon recommendation of jury __..._...__..._.....___._._..._....__....__...............__..1192, 1195, 1303, 2066
--Richmond County; Superior Court Reporters' duties and salary _..__..___..._-.._._._.....1192, 1196, 1303, 1306, 1410
--Atlanta, City of; Department Heads, pension benefits if not reelected or reappointed -..__...._-..__-...._-.-_......_....-1192, 1196, 1303, 1762, 1899
2990 SB 121 SB 123 SB 124 SB 125 SB 126 SB 127 SB 129 SB 131 SB 135 SB 136 SB 139 SB 141 SB 148
SB 150 SB 151 SB 153 SB 154 SB 156 SB 157 SB 159
SB 160 SB 162 SB 163 SB 164 SB 165
INDEX
--Atlanta, City of; Employees'
pension benefits --------------------1192, 1196, 1303, 1762, 1900
--Paregoric; unlawful to possess more than
two fluid ounces ----------------------1469, 1643, 1673, 1676, 2131
--Rome, City of; Employees' Retirement Fund, increase
contributions ----------------------.1192, 1196, 1304, 1306, 1410
--Domestic stock insurers; dividends paid to
stockholders -- ...--------------------.1685, 1687, 1761, 1877, 2245
--Augusta, City of; Augusta Municipal Court,
revise laws _-___._----_--------___------1193, 1196, 1304, 1466, 1627
--Cobb County Board of Education; employees' group
insurance --------------------------.1612, 1644, 1673, 1878, 2038
--Motor vehicles; right-of-way ....__.....__....__.._.........__ 1309, 1327, 1395
--Milk and Cheese; Dairy Inspection Act;
ice cream ....
1614, 1644, 1673, 1877, 2135
--Wards; termination of guardianship when restored to
mental health ------------------------1684, 1772, 1874, 1878, 2263
--Insane persons; judicial procedure for involuntary
hospitalization ----------------1767, 1772, 1874, 1878, 2261, 2298
--Local school systems; audit and check
books ----_______---------------------1613, 1644, 1673, 1676, 2403
--Alcoholic beverages; municipal elections;
provisions _______________.------.--------____.1469, 1644, 1673, 2296, 2416
--Baldwin County; Board of Commissioners
of Roads and Revenues, members'
election ._.----------------------1613, 1644, 1674, 2026, 2040, 2122
--Birth certificates in adoption cases; revise
laws-1767, 1773, 1874, 1878, 2253, 2296, 2345, 2381, 2400, 2501
--Georgia Agricultural Commodities Promotion Act;
membership --------------------------1613, 1644, 1674, 1877, 2137
--Jury duty; exemptions----------.... ..----------2044, 2148, 2170
--Milledgeville, City of; registration and
voting...-..----------------------1766, 1772, 1874, 2026, 2043, 2122
--Inheritance and estate tax;
non-residents.....--__---------- 1681, 1687, 1761, 1869, 1878, 2252
--Stone Mountain Judicial Circuit; increase number of
Judges to four------------------ .,----1614, 1687, 1761, 1762, 2055
--Georgia Historical Commission; Secretary of Board of
Commissioners; salary,......_____. 1613, 1645, 1674, 1878, 2138, 2170
2230, 2237, 2298
--Court of Appeals, Supreme Court; costs
in cases--------------------------1613, 1645, 1674, 1762, 2230
--Georgia Education Improvement Council; additional members----..---..----------------- ..----1613, 1645, 1674
--Children and Youth Act; licenses; regulations..---..-----------------------2146, 2150, 2171, 2294
--Atlanta, City of; Elections; use of voting machines..--.-----.---------1766, 1773, 1874, 1878, 2039
--Pooler, Town of; Corporate limits, extend----.--..__....._.------------1766, 1773, 1875, 2295, 2307
SB 168 SB 169 SB 171 SB 173 SB 181 SB 182 SB 183 SB 184 SB 188 SB 189 SB 191
SB 192 SB 193
SB 194 SB 195 SB 198 SB 199 SB 200 SB 201 SB 205 SB 209 SB 211 SB 212 SB 213 SB 215
INDEX
2991
--Commerce, City of; Certain officials, shall hold office until removed for cause--------1766, 1773, 1875, 2295, 2308, 2440
--Chatham County; Isle of Hope; create water, fire, sanitation and sewerage district _. 1766, 1773, 1875, 2025, 2039
--Adoption certificates; preparation.. ____ 1685, 1687, 1761, 1762, 2112 --Rome, City of; Corporate limits,
extend---------.-------------------1767, 1773, 1875, 2026, 2039 --Fulton County; minimum interest on taxes .......... 1881, 1889, 2023 --Fulton County; dispossessory
warrants---------..---------------- -1767, 1774, 1875, 2173, 2382 --Cobb Judicial Circuit; Solicitors-general,
additional assistant----------------..1771, 1888, 2022, 2173, 2181 --Teachers' Retirement System; earnable
compensation------------------1685, 1774, 1875, 2172, 2347 --Floyd County; Certain officials,
salaries------------------------1765, 1774, 1875, 2026, 2040 --Floyd County; Tax Commissioner's
salary..------..------..----.----.....-....1766, 1774, 1876, 2026, 2040 --Commerce, City of; Banks-Jackson-Commerce Hospital
Authority; vacancies on Board, appointment-- ------------------------- 1881, 1889, 2023 --Jackson County; Banks-Jackson-Commerce Hospital Authority, fill vacancies----------------------1881, 1890, 2023 --Banks County; Banks-Jackson-Commerce Hospital Authority; vacancies on Board, appointment----.----------_----------. ....---- 1881, 1890, 2023 --Fulton County; Group insurance for all regular County employees----------------.1881, 1890, 2023, 2173, 2181 --Claims Advisory Board; unlawful to receive any remuneration....----------------------1772, 1889, 2022, 2294, 2414 --Atlanta, City of; Elections, polling places .--...------------------------.2144, 2149, 2170, 2295, 2308 --Atlanta, City of; Elections, vote in residence area..------.----------.------------...-.2145, 2149, 2170, 2295, 2308 --Floyd County; Treasurer's office, abolish----------------------------..1881, 1890, 2023, 2173, 2181 --Fairburn, City of; Corporate limits, extend .------.1882, 1890, 2023 --East Point, City of; City Clerk's duties----..------.----------.....-------.. 1882, 1890, 2024, 2168 --Jefferson, City of; Corporate limits, extend---__----------------2118, 2149, 2170, 2294, 2310, 2439 --Commerce, City of; First and Second Wards, change territory------.-- .----------------.............2145, 2149, 2170 --Floyd County; City Court; Judge's salary-----------------.------------.1882, 1891, 2024, 2173, 2182 --Floyd County; Board of Commissioners; members' salary----.----._---------------------.1882, 1891, 2024, 2174, 2182 --Atlanta, City of; Corporate limits, extend-------------.-------------1882, 1891, 2024, 2174, 2182
2992 SB 216 SB 218
INDEX
--Fulton County; Board of Education; reinstatement in pension system after re-employmenL___^^___^--__.._.._.-^2145, 2149, 2171, 2295, 2307
--State Employees' Retirement System; creditable service, certain members^.^_-_..^2046, 2148, 2170, 2173, 2349, 2418
INDEX
2993
Part V
NUMERICAL TABULATION
SENATE RESOLUTIONS IN HOUSE
SR 1 SR 6 SR 7 SR 14 SR 18 SR 24 SR 28 SR 30 SR 32
SR 33 SR 37 SR 40 SR 42
SR 43
SR 48 SR 49 SR 50 SR 52 SR 53 SR 61
--Senate; notify House Senate convened ------------------ 41 --University System of Georgia; Athletic Department
Officials; commend----______-____--_._--------------------84, 85 --Home Rule for Counties; provide; amendment to
the Constitution-.----------755, 757, 830, 1177, 1338, 2239, 2305 --Duncan, Honorable J. Ebb; commend... -.------------------264, 267 --Constitutional Convention; Congress urged to call relative
to apportionment----------------415, 416, 478, 1177, 1972, 2119 --Joint Session to hear proposed State Songs --------------264, 267 --University System of Georgia Alumni Society;
commend --_____..__--_._--.___-__...-_---._-.._____.___--__--..---.___-_381, 389 --Congress petitioned to urge legislation relative
to purchase of certain drugs.,,..___.__,_ 1469, 1645, 1674, 2294, 2408 --Great Seal of the State of Georgia; facsimile; N. C.
Mutual Life Insurance Company----------------------------1310, 1327, 1395, 2027, 2155 --Columbus, City of; easement of certain property-..---------------------------______...479, 480, 497, 699, 801 --State Senators; four year terms; amendment to the Constitution_____________..____.__.____.___._________...___ 1685, 1774, 1876 --Ad valorem personal property tax; exemptions; amendment to the Constitution..--______________----1767, 1774, 1876 --County government powers; change provisions; amendment to the Constitution-------- 755, 757, 830, 1177, 2256,
2306 --County Commissioners; powers of General
Assembly; amendment to the Constitution----------_..__.____._____.._--_._.__756, 757, 830, 1177, 2273 --North Fulton Special Choir; designated Official
Choir of the State____-__.____-_._____.__--________.____-.____-.._1469, 1645, 1674 --Secretary of Health, Education and Welfare; regulations
relative to Social Security---- ---1401, 1401, 1464, 1879, 2141 --Veterans Administration Domiliary; closing at
Thomasville, Georgia----------------------------------702. 770 --Agricultural Commodity Commission; powers;
amendment to the Constitution--------... 906, 906, 958, 958, 1144 --Kilpatrick, Dr. William; express sympathy for passing
of -.........._--..._--.__.___..--._._.__.__..-_______..______...._____...__._.__..._701, 773 --Sharpe, T. Malone; commend ...__...--_...--_--------------756, 774
2994 SR 64 SR 67 SR 69 SR 71
SR 74 SR 75 SR 82 SR 84 SR 90 SR 92 SR 93 SR 96
INDEX
--Interim Scholarship Study Committee; create.------____--------_.----______.----.1469, 1645, 1675, 1879, 2142
--Alcoholism Study Commission; create.------__----__.__----.--------1469, 1646, 1675, 1879, 2163
--Reddish, I. E.; relieve as security on a bond-...------------------.--1614, 1687, 1761, 2173, 2356
--Resources Advisory Board; Southeast River Basins; insurance coverage for employees..-..-.------..------__.1680, 1688, 1761, 2173, 2412
--Glynn County; property for site of Georgia Air National Guard Armory-------------.--------1771, 1889, 2022
--Tift County Development Authority; tax fund; amendment to the Constitution----.1771, 1889, 2022, 2173, 2183
--Chattahoochee River Basin Development Commission; commend------------------..--.----_---------1685, 1696
--Pannin County; election of School Superintendent; amendment to the Constitution----.2146, 2149, 2171, 2295, 2312
--Ployd County; easement of certain property---------------------2146, 2150, 2171, 2295, 2307
--Oconee Wildlife Refuge; protest establishment.--------------------------..1880, 1938, 2296, 2341
--Georgia Poultry Federation; expressing appreciation to.--------.....----_--...----..-----.--------..1880, 1933
--White County Courthouse; historical monument or State Park; create committee to study ......... .... 2147, 2150, 2171, 2294, 2410, 2500